Unloading Claim Rejected |
Unloading Claim Rejected |
Tue, 28 May 2019 - 07:24
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#1
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
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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Tue, 28 May 2019 - 07:24
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Tue, 18 Jun 2019 - 05:50
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#21
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
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Tue, 18 Jun 2019 - 07:29
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#22
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Member Group: Members Posts: 35,060 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
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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Tue, 18 Jun 2019 - 08:34
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#23
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
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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Tue, 18 Jun 2019 - 09:00
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#24
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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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Tue, 18 Jun 2019 - 09:30
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#25
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
its on finance lease to a friend.
shall i ask him if he has the V5? |
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Tue, 18 Jun 2019 - 10:07
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#26
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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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Tue, 18 Jun 2019 - 11:10
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#27
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
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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Tue, 18 Jun 2019 - 13:54
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#28
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
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. -------------------- 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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Tue, 18 Jun 2019 - 15:24
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#29
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Member Group: Members Posts: 25,726 Joined: 28 Jun 2010 From: Area 51 Member No.: 38,559 |
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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Tue, 18 Jun 2019 - 15:51
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#30
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
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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Tue, 18 Jun 2019 - 15:56
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#31
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Member Group: Members Posts: 23,582 Joined: 12 Feb 2013 From: London Member No.: 59,924 |
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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Wed, 19 Jun 2019 - 08:25
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#32
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Member Group: Members Posts: 38,006 Joined: 3 Dec 2010 Member No.: 42,618 |
I would take this all the way. They've mis-stated the law and that is a procedural impropriety.
-------------------- 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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Fri, 19 Jul 2019 - 19:11
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#33
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
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Fri, 19 Jul 2019 - 19:21
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#34
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Member Group: Members Posts: 35,060 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
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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Fri, 19 Jul 2019 - 19:22
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#35
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
What's the date of the NTO and who is it addressed too
-------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 19 Jul 2019 - 19:37
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#36
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
16 07 19 is the date on the letter and it's addressed to the lease company.
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Fri, 19 Jul 2019 - 19:41
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#37
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Member Group: Members Posts: 26,655 Joined: 6 Nov 2014 Member No.: 74,048 |
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 -------------------- All advice is given freely. It is given without guarantee and responsibility for its use rests with the user
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Fri, 19 Jul 2019 - 20:14
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#38
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
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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Sun, 21 Jul 2019 - 06:32
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#39
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Member Group: Members Posts: 220 Joined: 30 Apr 2008 Member No.: 19,194 |
Can anyone advise on what our reply should be?
Are we best of just repeating what we've already stated? |
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Sun, 21 Jul 2019 - 07:38
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#40
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Member Group: Members Posts: 35,060 Joined: 2 Aug 2008 From: Woking Member No.: 21,551 |
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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