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Jlc
Posted on: Today, 20:23


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QUOTE (Cdj21944 @ Tue, 20 Nov 2018 - 19:35) *
My office have not sent the form back as to who was driving. But I definitely was and they can prove it.

Regardless, the driver nomination must be returned. Not doing so risks a more serious offence.

QUOTE (NewJudge @ Tue, 20 Nov 2018 - 19:51) *
In any event they must respond to the request for driver's details or they commit a separate offence.

Ah, didn't spot this...
  Forum: Speeding and other Criminal Offences · Post Preview: #1435737 · Replies: 3 · Views: 61

Jlc
Posted on: Today, 19:13


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Winning at court is not guaranteed.

Which parking company?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435723 · Replies: 8 · Views: 54

Jlc
Posted on: Today, 17:37


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QUOTE (blankwall @ Tue, 20 Nov 2018 - 17:27) *
POFA seems bizarre!

It's basically a document legitimising the parasitic parking industry?

Indeed, think of those poor landholders and the carmageddon that would ensue...

But PoFA is only about the ability to pursue keepers for the driver’s parking charge.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435688 · Replies: 9 · Views: 174

Jlc
Posted on: Today, 13:16


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My reference HX sign has 'All vehicles must purchase a valid pay and display ticket within 10 minutes of entering the car park, which must be clearly displayed within the windscreen with all details visible'.



I would note that the core term (£100) is virtually buried. Whilst it's a breach of the terms I find it hard to work out what the justification for such a clause serves other than to catch people out.

Given the tariff (and some) was paid and no additional advantage was taken they shouldn't be so dogmatic... (But hey, there's no money in that!)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435581 · Replies: 9 · Views: 120

Jlc
Posted on: Today, 12:47


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QUOTE (Logician @ Tue, 20 Nov 2018 - 12:02) *
There are both repeater 30 signs and street lights, if I am looking at the right bot of road

I would say there are repeaters because there are insufficient streetlights to create a restricted road. It appears there are sufficient repeaters to maintain the 30mph.
  Forum: Speeding and other Criminal Offences · Post Preview: #1435576 · Replies: 6 · Views: 352

Jlc
Posted on: Today, 08:57


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First step is to ask for a photo to assist in the identification of the driver. You still have to nominate the driver within 28 days though.

They will usually provide something that may help (or not!).
  Forum: Speeding and other Criminal Offences · Post Preview: #1435502 · Replies: 2 · Views: 176

Jlc
Posted on: Yesterday, 17:06


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Higher than that I would guess...
  Forum: The Flame Pit · Post Preview: #1435378 · Replies: 11 · Views: 287

Jlc
Posted on: Yesterday, 16:50


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QUOTE (JustPassingBy @ Mon, 19 Nov 2018 - 16:16) *
Is it the lines on the road?

Generally, yes - the corroboration marks are actually quite small for most (only about 20cm in length). Here's an example.
  Forum: The Flame Pit · Post Preview: #1435371 · Replies: 11 · Views: 287

Jlc
Posted on: Yesterday, 16:11


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It's definitely a RLC but doesn't appear to have been configured for 'speed on green'.

They definitely flash if caught. Only a 14 day wait to the RK for sure...
  Forum: The Flame Pit · Post Preview: #1435361 · Replies: 11 · Views: 287

Jlc
Posted on: Yesterday, 14:50


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QUOTE (Lenny1974 @ Mon, 19 Nov 2018 - 14:07) *
I was going to plead quilty, apologise and claim extreme hardship.

It's exceptional hardship. The impact on others carries more weight.

It's worth giving us an idea of your circumstances for comments.

QUOTE (Lenny1974 @ Mon, 19 Nov 2018 - 14:32) *
I think I have done one in the last 3 years, but I cannot find anything that provides me the actual dates. I will do some further checking later.

It would be automatically offered if you are eligible in the normal course of events.
  Forum: Speeding and other Criminal Offences · Post Preview: #1435332 · Replies: 14 · Views: 363

Jlc
Posted on: Yesterday, 13:59


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Yes, definitely fight. Have a start by reading Jopson.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435295 · Replies: 13 · Views: 220

Jlc
Posted on: Yesterday, 11:51


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Yes, it's daunting - and they know that. You had some lines to pursue but they are time consuming and there's always risk.

The set aside charge was potentially recoverable as they failed to maintain their records correctly. Unless forced by a court order they won't repay it.

For future reference, always check here before you send letters - knowing they are potentially on the hook themselves to pay you, of course they'll accept anything.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435260 · Replies: 16 · Views: 251

Jlc
Posted on: Yesterday, 10:20


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Is it too late to counterclaim? We know they'll discontinue but given it appears they've failed to keep their records updated (as required under dp law) there's definitely an angle to pursue. (The counterclaim prevents them simply walking away)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435233 · Replies: 16 · Views: 251

Jlc
Posted on: Sun, 18 Nov 2018 - 23:24


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It’s an argument but I’m not convinced it’s persuasive.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435175 · Replies: 198 · Views: 14,694

Jlc
Posted on: Sun, 18 Nov 2018 - 22:58


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I don't personally subscribe to that argument. A period of parking is usually given as a time preceding the given time when it's a permit situation. (Unlike an ANPR in/out situation)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435171 · Replies: 198 · Views: 14,694

Jlc
Posted on: Sun, 18 Nov 2018 - 19:42


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Says the car was badly damaged. I think it will T-Cut out...
  Forum: News / Press Articles · Post Preview: #1435139 · Replies: 9 · Views: 249

Jlc
Posted on: Sun, 18 Nov 2018 - 19:26


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Presumably the council are pursuing? If so, this thread needs to be in the decrim forum.

Hit the '! Report' and ask a mod to move it for you. They'll want a scrubbed scan of the paperwork you've received.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1435134 · Replies: 8 · Views: 194

Jlc
Posted on: Sun, 18 Nov 2018 - 19:25


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QUOTE (peterguk @ Sun, 18 Nov 2018 - 19:15) *
1mph to fast for a SAC, so expect a CoFP £100 and 3 points.

Actually 2 tongue.gif (Courses offered up to 42mph inclusive)

But a fixed penalty will be the outcome indeed.

QUOTE (Sunflower_dancer @ Sun, 18 Nov 2018 - 19:03) *
there is then a straight bit with no houses so i sped up to 40.

I presume there was no signage to indicate a change in limit? Was there a system of streetlighting?
  Forum: Speeding and other Criminal Offences · Post Preview: #1435133 · Replies: 6 · Views: 352

Jlc
Posted on: Sun, 18 Nov 2018 - 19:22


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QUOTE (cp8759 @ Sun, 18 Nov 2018 - 17:39) *
I can't imagine any major party voting in Parliament to curtail workers' rights. It would be electoral suicide.

Exactly, but always a good line to trot out by the opposition, or those 'opposing'.
  Forum: The Flame Pit · Post Preview: #1435131 · Replies: 58 · Views: 1,398

Jlc
Posted on: Sun, 18 Nov 2018 - 17:39


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QUOTE (alan260760 @ Sun, 18 Nov 2018 - 16:02) *
Great news for the good guys, I contacted the hotel and they said they would sort it and let me know. After a month, nothing forthcoming so I wrote again via email asking them what was happening. They tried to say that because of POPLA appeal they couldn't do
anything else even after originally saying they would cancel it. After informing them I wished to know if they owned the land as I planned to write to my MP and the Press their senior executive who knows someone at CEL got the ticket cancelled. I received formal notification from CEL 3 DAYS LATER.

Well done. Going above their heads often works - the threat of MP/press for genuine cases works wonders!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435109 · Replies: 19 · Views: 340

Jlc
Posted on: Sun, 18 Nov 2018 - 17:38


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With NtD's the usual advice is to appeal as the keeper around day 24. They have to access the DVLA to start to engage keeper liability.

As long as they 'forget' to do this then POPLA will uphold a lack of 'keeper liability' assertion.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435108 · Replies: 5 · Views: 129

Jlc
Posted on: Sun, 18 Nov 2018 - 17:35


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It's contract law and not criminal. And yes that contract could be enforceable even for a 'mistake'.

Private parking companies almost always turn down appeals as they are not in the business of accepting them.

Having said that, never pay CEL. They are often easy to beat at POPLA and always discontinue their court claims.

I presume you've revealed the driver?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435105 · Replies: 1 · Views: 53

Jlc
Posted on: Sun, 18 Nov 2018 - 17:06


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It's poppycock that somehow worker's rights are going to the wall after leaving the EU. They'd have us believe 8 day working weeks are coming soon.
  Forum: The Flame Pit · Post Preview: #1435091 · Replies: 58 · Views: 1,398

Jlc
Posted on: Sun, 18 Nov 2018 - 08:55


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QUOTE (Mjturner65 @ Sun, 18 Nov 2018 - 08:44) *
The car is on contract hire I just assumed that they would have sent it to me because I’m the main driver on the insurance.

The DVLA is the first port of call - so if they’ve sent the 1st NIP to the lease company within time then the 14 days doesn’t apply to your NIP.

They sometimes use the insurance database but only if there’s an issue.
  Forum: Speeding and other Criminal Offences · Post Preview: #1435018 · Replies: 6 · Views: 407

Jlc
Posted on: Sat, 17 Nov 2018 - 20:18


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110% is correct. 110% of 40 is 44...
  Forum: The Flame Pit · Post Preview: #1434966 · Replies: 25 · Views: 1,138

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