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Unloading Claim Rejected
h3lp
post Tue, 28 May 2019 - 07:24
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Hi All,

One of our vans got ticketed whilst unloading on non-restricted double yellow lines.

We appealed with supporting evidence but this got rejected because the van was near a junction.

Can anyone see anything incorrect about the council's letter before we pay?

Cheers.

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post Tue, 28 May 2019 - 07:24
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h3lp
post Tue, 18 Jun 2019 - 05:50
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Hi All,

The council are still playing hardball - what's next - wait for the NTO to arrive?



This post has been edited by h3lp: Tue, 18 Jun 2019 - 05:52
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hcandersen
post Tue, 18 Jun 2019 - 07:29
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OP, it is irritating that you leave off the tops and bottoms of letters, you must leave in all 4 corners.

For example, have the authority's replies come from the same person, who clearly has training needs?

You need to write to the Head of Parking and personalise this, plus aim for costs at adjudication if they're foolish enough to continue.

Are you the registered keeper?
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h3lp
post Tue, 18 Jun 2019 - 08:34
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Sorry - i've checked and the letters are coming from different members of staff each time.

is there anything i should write or word differently in the letter to the head of parking?

i'm not the registered keeper.
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stamfordman
post Tue, 18 Jun 2019 - 09:00
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Who is the registered keeper - if it's your company then it will be straightforward but if it's leased then the lease-hire company will be the RK, which makes it more complicated.
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h3lp
post Tue, 18 Jun 2019 - 09:30
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its on finance lease to a friend.

shall i ask him if he has the V5?
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stamfordman
post Tue, 18 Jun 2019 - 10:07
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QUOTE (h3lp @ Tue, 18 Jun 2019 - 10:30) *
its on finance lease to a friend.

shall i ask him if he has the V5?



You can but very unlikely that he has it. This means NTO will go to lease company so you will have to try and sort out with them and they may well make an admin charge - ask friend to check procedure.
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h3lp
post Tue, 18 Jun 2019 - 11:10
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yeh when i used to get tickets on my leased van, the lease company would send me the ticket details (and charge £20 for the privilege). I would then get the charge reversed once I won the appeal.

hopefully a letter to the "head of parking" will stop us needing to pursue it that far?
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cp8759
post Tue, 18 Jun 2019 - 13:54
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QUOTE (h3lp @ Tue, 18 Jun 2019 - 12:10) *
yeh when i used to get tickets on my leased van, the lease company would send me the ticket details (and charge £20 for the privilege). I would then get the charge reversed once I won the appeal.

hopefully a letter to the "head of parking" will stop us needing to pursue it that far?

Regardless, you need to get in touch with the leasing company ahead of time. Some leasing companies are known to simply pay the penalty and then demand that you pay, rather than following the proper procedure to transfer liability. You need to ensure that if an NtO is served on the leasing company, they appeal it on the basis that they are a leasing company and the vehicle is on lease to your friend. Providing the leasing company does this, the NtO will be cancelled and a new NtO will be sent to your friend, which eliminates the risk of the leasing company paying or messing up the procedure.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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DancingDad
post Tue, 18 Jun 2019 - 15:24
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QUOTE (cp8759 @ Tue, 18 Jun 2019 - 14:54) *
QUOTE (h3lp @ Tue, 18 Jun 2019 - 12:10) *
yeh when i used to get tickets on my leased van, the lease company would send me the ticket details (and charge £20 for the privilege). I would then get the charge reversed once I won the appeal.

hopefully a letter to the "head of parking" will stop us needing to pursue it that far?

Regardless, you need to get in touch with the leasing company ahead of time. Some leasing companies are known to simply pay the penalty and then demand that you pay, rather than following the proper procedure to transfer liability. You need to ensure that if an NtO is served on the leasing company, they appeal it on the basis that they are a leasing company and the vehicle is on lease to your friend. Providing the leasing company does this, the NtO will be cancelled and a new NtO will be sent to your friend, which eliminates the risk of the leasing company paying or messing up the procedure.

And make sure that the leasing company has the right details for your mate, current address etc.

Right load of muppets these lot are, can't answer the question so just trot out the same company line...
If this goes to adjudication, sting them for costs, even if they enter a Do not Contest.
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h3lp
post Tue, 18 Jun 2019 - 15:51
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Thanks - do you think i'm better just letting this run it's course to adjudication then?

Or one more crack at getting them to back down pre-NTO?
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stamfordman
post Tue, 18 Jun 2019 - 15:56
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QUOTE (h3lp @ Tue, 18 Jun 2019 - 16:51) *
Thanks - do you think i'm better just letting this run it's course to adjudication then?

Or one more crack at getting them to back down pre-NTO?


You must make formal reps to the NTO or pay. Adjudication is the step if they reject reps.

It's a shame they've not backed down before the NTO because now you have to involve the lease company but can't see having another crack now is going to work.

See:

https://www.londontribunals.gov.uk/eat/unde...rcement-process
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cp8759
post Wed, 19 Jun 2019 - 08:25
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I would take this all the way. They've mis-stated the law and that is a procedural impropriety.


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If you would like assistance with a penalty charge notice, please post a thread on https://www.ftla.uk/index.php
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h3lp
post Fri, 19 Jul 2019 - 19:11
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Hi All,

NTO has arrived.

Can someone please advise me on what my representation should be given what's been communicated so far.



Thank you!

This post has been edited by h3lp: Fri, 19 Jul 2019 - 19:12
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hcandersen
post Fri, 19 Jul 2019 - 19:21
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its on finance lease to a friend.


So pl be exact. Who has received the NTO, you or someone else? If not you, then it's not 'your representations'.

This post has been edited by hcandersen: Fri, 19 Jul 2019 - 19:22
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PASTMYBEST
post Fri, 19 Jul 2019 - 19:22
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What's the date of the NTO and who is it addressed too


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h3lp
post Fri, 19 Jul 2019 - 19:37
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16 07 19 is the date on the letter and it's addressed to the lease company.
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PASTMYBEST
post Fri, 19 Jul 2019 - 19:41
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QUOTE (h3lp @ Fri, 19 Jul 2019 - 20:37) *
16 07 19 is the date on the letter and it's addressed to the lease company.



Then only the lease company can make representations. Unless you get written authority to act on there behalf or they do what they should and make representations on the fact that as a lease company they are not liable and that you exercise the rights and reasponsibility of owner


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h3lp
post Fri, 19 Jul 2019 - 20:14
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Yeh the email from the lease company also came with a third party authorisation letter, giving the driver the right to make reps.
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h3lp
post Sun, 21 Jul 2019 - 06:32
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Can anyone advise on what our reply should be?

Are we best of just repeating what we've already stated?
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hcandersen
post Sun, 21 Jul 2019 - 07:38
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Post this letter pl, just omit personal details but leave in all dates etc.

I very, very, very much doubt that it is what you think it is.

From what you imply, THEY and not you are still on the hook for the penalty. And if you are tardy or just plain ignore, which you are entitled to do because they cannot require you to act for them, then they could end up with Lawrence Grix of the Sheriffs are Coming fame knocking at their door in a few months because THEY remain liable.

Post this letter pl.
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