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Jlc
Posted on: Today, 16:39


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QUOTE (Sky Blue @ Mon, 24 Sep 2018 - 17:01) *
Should I ignore this parking charge notice

No, never - even more so where there's no liability. They aren't particularly litigious nowadays but they have 6 years to raise a claim - and these companies often do the 'roboclaim'... It's not a 'scam' per se.

These type of situations are usually an ANPR 'misread'. But the VRM listed is clearly not yours (or even been)?

Your details would have only come from the DVLA - so either your details are registered against this other car or there's been some other mess up.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1419317 · Replies: 3 · Views: 39

Jlc
Posted on: Today, 16:34


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Ok, clearly SPECS.

As already noted, they've cropped the picture to help in assisting in the driver identification - but rarely does, even from the front due to reflections.

The camera only has to read the number plate which is clearly in view. (They will have the timestamp information)

If you're adamant you weren't speeding between the 2 camera's then you can put the prosecution to proof - but there's a fair chance they can and you will look at at least £300 in costs. (They could ask for the full £620+ depending on the work involved)
  Forum: Speeding and other Criminal Offences · Post Preview: #1419316 · Replies: 5 · Views: 90

Jlc
Posted on: Today, 16:30


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You cannot be convicted of the speeding. (Not least as it wasn't you!)

Such charges are 'dual listed' to give the defendant the opportunity to 'plea bargain' (the more serious charge for the lessor) - but only if they were driving.
  Forum: Speeding and other Criminal Offences · Post Preview: #1419313 · Replies: 18 · Views: 222

Jlc
Posted on: Today, 15:52


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QUOTE (shaggy @ Mon, 24 Sep 2018 - 16:29) *
Just had images of Police why isn't it displaying speed?

The photo's are provided to help in identifying the driver - clearly does that.

This picture is an extract from a video - the speed will be shown at another point, probably earlier. Remember, they haven't supplied the evidential set.
  Forum: Speeding and other Criminal Offences · Post Preview: #1419297 · Replies: 9 · Views: 451

Jlc
Posted on: Today, 15:37


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Any photo's at this stage will be supplied only to assist you in identifying the driver. However, the purpose of the photo's are to identify the offence and the vehicle only - there's no defence to be had from the pictures not actually assisting in showing the driver. The request to name the driver asks you to use reasonable diligence upon receiving the request.

If you cannot name the driver then the facts of the underlying offence do not matter. If you choose to take the driver matter to court then you will have to convince the bench that you did not know and could not identify the driver after the aforementioned diligence. It's not easy and you would face 6 points, a nasty endorsement and a bill approaching £1k should you not convince the bench.

If you want to challenge the underlying offence then the driver has to be named.

That said, SPECS are highly reliable and the evidential pictures will contain the necessary information to show the timestamps between the markers to accurately calculate the average speed. It is more likely the alleged speed is correct but you can challenge but you won't get the necessary information to do so until you reject any fixed penalty offer. (Some may find that perverse, but remember this system is for those who readily accept 'guilt' and the financial advantages in doing so)

If you take the matter to a contested trial then you are also exposed to prosecution costs, an income-related fine and surcharge. The guidance is still 3 points if convicted. Guideline costs are £620 - and would be more if expect witnesses are called by the prosecution.

It's possible you missed some camera's and your speed was captured without realising.

QUOTE (SYSTEM2000 @ Mon, 24 Sep 2018 - 16:20) *
Location is M6 between M42 and Coventry.

AIUI there are some HADECS3 cameras around that area - which snap an instantaneous speed rather than averaged. The pictures are taken from the roadside...
  Forum: Speeding and other Criminal Offences · Post Preview: #1419292 · Replies: 5 · Views: 90

Jlc
Posted on: Today, 15:08


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Almost certainly, but the thrust of any defence is that you did nominate the driver and posted the reply.

(Not being the driver may only assist in showing you had no reason not to reply)
  Forum: Speeding and other Criminal Offences · Post Preview: #1419283 · Replies: 18 · Views: 222

Jlc
Posted on: Today, 15:05


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They'll still reject any appeal - but it's all about going through the motions. (there's no money in accepting appeals)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1419281 · Replies: 6 · Views: 103

Jlc
Posted on: Today, 14:38


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If he could evidence the filling in of the form and entering the postal system would be good... wink.gif

Fortunately perverting the course of justice didn't occur. The cheek!
  Forum: Speeding and other Criminal Offences · Post Preview: #1419263 · Replies: 18 · Views: 222

Jlc
Posted on: Today, 14:36


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Are you actually going to raise a claim?

If so, then I'd construct it as a proper Letter Before Claim. As it stands they can simply ignore it (again).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1419261 · Replies: 101 · Views: 11,074

Jlc
Posted on: Today, 14:33


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QUOTE (Rifty @ Mon, 24 Sep 2018 - 15:26) *
Does anyone have a view on whether this is actually considered "parking" or not? Is there any case law that covers this?

Read here.

ECP are not litigious (here) - I would simply state that the driver could not accept the contract (because of lack of spaces etc.) and rejected the contract on offer and left. 15 minutes is definitely on the longer side but not unreasonably so.

They will of course reject this and issue a POPLA code. Unless there's a default win at POPLA then I wouldn't bother - they'll only rubberstamp that the charge was 'correctly issued' - and not that it's actually legally payable.

Then ignore unless they do issue a letter before claim or claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1419259 · Replies: 6 · Views: 103

Jlc
Posted on: Today, 13:00


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QUOTE (Sussexgirl @ Mon, 24 Sep 2018 - 12:41) *
Am I screwed on this?

Not screwed but it makes it harder. You will have to convince the court you did respond. Whilst there's no requirement for reminders you can obviously state that you supplied the details (different address?) and did not expect to hear anything more. Some Forces do send reminders so you can play on that - you had no reason to believe your nomination wasn't received.

Pleading not guilty will require your attendance at court. As the photo's show you were not the driver it assists in that you had no reason not to respond - as you did know who was driving.

The penalty of failing to furnish is higher than the underlying charge - 6 points. Unfortunately (perhaps), the driver has escaped all punishment as it's too late to name the driver or pursue the underlying offence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1419229 · Replies: 18 · Views: 222

Jlc
Posted on: Today, 12:56


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QUOTE (springbok @ Mon, 24 Sep 2018 - 13:53) *
Thanks for that. I suppose that would be in a separate letter without supplying the S172, right?

Yes, do not reply to the s172 as you wouldn't be asking for a photo's to assist...

The 28 days to respond does not stop though.

Looking at the location, I can understand why some may think it's a higher limit than 30. (But the streetlighting makes it a restricted road of 30mph)
  Forum: Speeding and other Criminal Offences · Post Preview: #1419226 · Replies: 5 · Views: 119

Jlc
Posted on: Today, 12:28


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Well it's quite handy that they are only asking for who was driving at the time...

However, usual advice is to first ask for a photo to assist in the identification of the driver - they usually supply.

It is far more likely you were speeding. What's the location?
  Forum: Speeding and other Criminal Offences · Post Preview: #1419215 · Replies: 5 · Views: 119

Jlc
Posted on: Today, 09:14


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QUOTE (nosferatu1001 @ Mon, 24 Sep 2018 - 09:47) *
is it still a sec10 under DPA2018??

No.

Article 18 GDPR.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1419158 · Replies: 9 · Views: 148

Jlc
Posted on: Today, 08:36


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QUOTE (MaxCC @ Sun, 23 Sep 2018 - 23:41) *
...to Car Park company to check CCTV footage.

What company is it?
  Forum: The Flame Pit · Post Preview: #1419146 · Replies: 6 · Views: 232

Jlc
Posted on: Yesterday, 19:22


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Fixed penalty, 3 points £100...
  Forum: Speeding and other Criminal Offences · Post Preview: #1419035 · Replies: 7 · Views: 351

Jlc
Posted on: Yesterday, 12:56


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QUOTE (White Van @ Sun, 23 Sep 2018 - 13:53) *
I am assuming I will lose any appeal but I would think they might not pursue the matter if they think I will not be able to pay.

The ability to pay won't put them off I'm afraid. Even though it may not make economic sense...

QUOTE (White Van @ Sun, 23 Sep 2018 - 13:53) *
Re: A CCJ and credit rating, I don't think I have much to lose. I have lived abroad for most of my life and always been self-employed when in UK. I have no credit cards or mortgages, etc.
My only real fear is that I will have my van ceased by bailiffs. Is that a possibility in your opinion?

Unlikely given the amounts involved.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418979 · Replies: 8 · Views: 178

Jlc
Posted on: Yesterday, 12:35


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QUOTE (White Van @ Sun, 23 Sep 2018 - 00:52) *
I also wonder why the signs say " may incur a penalty charge " implying you might get away with it?

Tell us more - who's sign is this?

QUOTE (White Van @ Sun, 23 Sep 2018 - 00:52) *
1. I have no choice but to appeal. There is no way I have the means to pay 5x £70.
2. Better hope they decide to not come after me then.

They will reject any appeal - they are in it for the money only. They won't care about ability to pay.

They are serial litigators so a court claim is quite likely. Would a CCJ impact you? (i.e. impact credit ability)

QUOTE (Umkomaas @ Sun, 23 Sep 2018 - 12:02) *
Not at all bad.

Indeed, but there's a good chance the 'landholder' will simply pass the matter to their contractor (and tell you to 'appeal', which is a fool's errand).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418977 · Replies: 8 · Views: 178

Jlc
Posted on: Sat, 22 Sep 2018 - 18:48


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Verge parking

The thread I was referring too...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418866 · Replies: 7 · Views: 123

Jlc
Posted on: Sat, 22 Sep 2018 - 18:18


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10% of the fine, min £30. Perhaps they added £5 on to round up the total... laugh.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #1418855 · Replies: 18 · Views: 1,196

Jlc
Posted on: Sat, 22 Sep 2018 - 17:13


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They do lose in court but will take it all the way. There was a case on here a while back - I'll see if I can dig it out.

QUOTE (Iliketurtles @ Sat, 22 Sep 2018 - 17:57) *
I know that my vehicle was not obstructing any other vehicle as the parking ticket suggests

An element of subjectivity perhaps...

QUOTE (Iliketurtles @ Sat, 22 Sep 2018 - 17:57) *
I dont know how to progress at this point?

Acknowledge the claim and start pulling your defence together. (Enter a blank defence at the moment)

...and some irony.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418838 · Replies: 7 · Views: 123

Jlc
Posted on: Sat, 22 Sep 2018 - 16:03


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The time may not be 100% spot on.

Are you saying you didn’t pass through the location given at all?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418828 · Replies: 3 · Views: 230

Jlc
Posted on: Sat, 22 Sep 2018 - 12:24


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They will reject any appeal you make.

Indeed, the charges are potentially enforceable at court following ParkingEye v Beavis.

Do the charges make reference to the Protection of Freedoms Act on the reverse? Is there still time to appeal?

You state you overstayed many times previously - perhaps this type of behaviour caused them to introduce the controls. It’s not entrapment...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418807 · Replies: 8 · Views: 178

Jlc
Posted on: Sat, 22 Sep 2018 - 10:54


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A fixed penalty (3 points £100) would be issued for up to 25mph over the limit if caught.

Sounds too fast for a course - up to +10%+9mph inclusive.
  Forum: The Flame Pit · Post Preview: #1418794 · Replies: 1 · Views: 222

Jlc
Posted on: Sat, 22 Sep 2018 - 09:12


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That excess is just into the top band for sentencing. It can only be dealt with at court. However, there's a high chance that it will not require attendance and will be dealt with via post resulting in 6 points.

There will be a fine of 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min £30).

They may consider a short ban though and may well request attendance.

The bench can consider circumstances but you can only influence the outcome - there's no strict process (like totting) to consider hardship. The Single Justice Procedure will allow a short written statement.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418776 · Replies: 8 · Views: 595

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