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The Rookie
Posted on: Yesterday, 17:29


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North or South is a direction and not part of a location, also as you know where you were then you are not disadvantaged, so no, it’s not worth contesting I’m afraid.

You could try a cheeky note in with the reply but I very much doubt they will do you any favours.

That speed is eligible for a course in lieu of points although the cost is about the same.
  Forum: Speeding and other Criminal Offences · Post Preview: #1522522 · Replies: 2 · Views: 216

The Rookie
Posted on: Yesterday, 14:24


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Let’s see the PCN to see if it complies with PoFA or not, that is always the most important point.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522490 · Replies: 5 · Views: 202

The Rookie
Posted on: Yesterday, 14:23


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I haven’t a clue what a legally binding letter is, neither I suspect do you!

It is a formal letter of claim, it will be followed by a court claim (99% certainty).

Clearly we have 10% of the story, so how about the rest?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522489 · Replies: 2 · Views: 57

The Rookie
Posted on: Yesterday, 13:50


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Really you’re on a hiding to nothing, it’s not worth the effort.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522484 · Replies: 9 · Views: 165

The Rookie
Posted on: Yesterday, 11:29


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Well you may as well rebut any obvious errors, you'll still lose though.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522449 · Replies: 9 · Views: 149

The Rookie
Posted on: Yesterday, 11:14


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So nothing suggests you should call them when a car blocks the exit!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522444 · Replies: 9 · Views: 149

The Rookie
Posted on: Yesterday, 10:53


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Does the signage say you should call them? I'll bet not and we know the 'service' they offer would have been nothing at all in this case.

You've told them why nothing is owed, you'll just have to sit tight now and see if they are stupid enough to take it to court.

Ignore (but file) everything except either a formal letter before claim (letter of claim, letter before action....) or an actual court claim from Northants.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522438 · Replies: 9 · Views: 149

The Rookie
Posted on: Yesterday, 08:55


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Yes, entirely predictable.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522413 · Replies: 4 · Views: 179

The Rookie
Posted on: Yesterday, 07:01


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First EDIT that post , never divulge driver ID, you deal with this as keeper, describe what 'the driver' did, no I, he, we, the dog etc.

I've asked a Mod' to move this to the private parking forum for you as this isn't a criminal matter.

Lousy and out of date appeals. The parking cowboys template isn't even an appeal and some parking companies don't accept it as such leaving you high and dry.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1522403 · Replies: 5 · Views: 202

The Rookie
Posted on: Mon, 14 Oct 2019 - 17:48


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If you plead guilty the Single Justice will look at your case and decide sentencing based on the facts as written, they won’t look at any photo at all. him and a legal adviser for about 5 minutes..... hardly a burden!
  Forum: Speeding and other Criminal Offences · Post Preview: #1522313 · Replies: 18 · Views: 698

The Rookie
Posted on: Mon, 14 Oct 2019 - 14:09


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Find out!

But yes if it's railway land then railway byelaws apply.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522250 · Replies: 22 · Views: 323

The Rookie
Posted on: Mon, 14 Oct 2019 - 13:59


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QUOTE (cdv85 @ Mon, 14 Oct 2019 - 14:42) *
I'm not very up on this what does it mean if its subject to byelaws?

There are a number of effects, big and small
1/ The Protection of Freedoms act 2012 Schedule 4 (the bit that allows them to sue a keeper for a drivers actions) doesn't apply where there are byelaws, so only the driver can be liable (they can issue a penalty notice to the owner but it has no legal basis behind it, noting that the keeper may not be the owner anyway!).
2/ The offer of a civil 'parking charge notice' in exchange for an offer to not prosecute looks suspiciously like blackmail or fraud
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522246 · Replies: 22 · Views: 323

The Rookie
Posted on: Mon, 14 Oct 2019 - 13:18


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QUOTE (advicewelcome @ Mon, 14 Oct 2019 - 12:51) *
.. will try and get the picture of the actual signage, but may take a few days to get back there to take pics. Am mindful that I have 14 days before the fine cost goes up.

When you'll almost certainly be paying nothing how does that affect anything?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522234 · Replies: 16 · Views: 254

The Rookie
Posted on: Mon, 14 Oct 2019 - 13:17


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Of course you can refuse to name the driver.

No-one is saying you have to pay, the arguments are over what reasons may or may not stand.

Forbidding signage and no commercial justification for the penalty are two obvious ones.

Visibility of signage at night with no illumination is another.

Grace period can be used as the car was there only a handful of seconds over the 10 minutes, not enough to drive to and read a sign before having ten minutes to make up their mind. Correctly worded POPLA may just accept that but usually even 1 second over 10m they won't but its not something PE would probably like to argue in court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522233 · Replies: 10 · Views: 186

The Rookie
Posted on: Mon, 14 Oct 2019 - 13:12


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QUOTE (southpaw82 @ Mon, 14 Oct 2019 - 13:59) *
In both cases there has to be an offence to trigger a power of arrest though.

Agreed, but then if there is a legal obligation to provide details then surely the act of not giving them (or giving false one) is an offence that (usually at least) then triggers a power of arrest anyway?
  Forum: The Flame Pit · Post Preview: #1522229 · Replies: 27 · Views: 577

The Rookie
Posted on: Mon, 14 Oct 2019 - 12:54


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I suppose in common parlance you would be 'detained' (not free to leave) if a Police office requests your name and address (when he has a right to require it) until you finished giving them.
  Forum: The Flame Pit · Post Preview: #1522218 · Replies: 27 · Views: 577

The Rookie
Posted on: Mon, 14 Oct 2019 - 11:38


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QUOTE (Dan104 @ Mon, 14 Oct 2019 - 12:34) *
Yes but Rookie, surely they need to show pics of the signs that were in place at the time of the alleged contravention, not some taken months later.

Well as that is realistically an impossibility obviously not.

Like I said its what they can convince a judge of on balance of probabilities, there are no set 'rules' on the matter, if you can shed enough doubt the judge may not believe they are valid.

That's why signage should always be checked when you get a PCN so you have your own evidence.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1522188 · Replies: 27 · Views: 489

The Rookie
Posted on: Mon, 14 Oct 2019 - 11:32


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That's the sum of it, yes.

Preferably provide a copy of that email from ES confirming they had received the driver nomination.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522183 · Replies: 11 · Views: 263

The Rookie
Posted on: Mon, 14 Oct 2019 - 11:09


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Click !REPORT bottom left of your post and ask a mod' to move it to the council forum!

You'll need a photo/scan of ALL the PCN with just personal details redacted.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1522166 · Replies: 2 · Views: 93

The Rookie
Posted on: Mon, 14 Oct 2019 - 11:07


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Both will be working as agents for VCS, no buying and selling.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522165 · Replies: 5 · Views: 110

The Rookie
Posted on: Mon, 14 Oct 2019 - 11:06


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No you don't pay!

NEVER EVER phone, writing and keeping a copy ONLY, plus they will try and extract information of value to them.

What benefit did the BB provide in that location, what is the alleged breach.

Was the notice on the car or via post?

NEVER give away driver ID, please make sure any post only refers to the drivers actions as by 'the driver' (no I, him, they she, the dog etc) Of course a BB holder can be a passenger.......

If you had appealed within 21 days you had no further need to appeal unless or until it was rejected, asking for the driver Info isn't rejecting it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522164 · Replies: 4 · Views: 79

The Rookie
Posted on: Mon, 14 Oct 2019 - 08:55


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I agree there are big disparities, most the profitable ones are in London (for reasons that are obvious), but the median is a small loss.

The tables are interesting, on street the profit comes from permits NOT enforcement, Expenditure exceeding the penalties. While Westminster may top the 'profit' tables they are second in the penalty table and the value is less than 25% of their total profit, so clearly permits are the biggest source of income and nothing to do with the OP's questioning.
  Forum: The Flame Pit · Post Preview: #1522128 · Replies: 8 · Views: 254

The Rookie
Posted on: Mon, 14 Oct 2019 - 08:19


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Agreed, no keeper liability as there is no period of parking given in any way shape or form.

PoFA makes PoFA compliance almost impossible in that respect in every case (unless you accept that ANPR cameras give a close enough answer), but very difficult in cases identified by a person (rather than ANPR cameras).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522122 · Replies: 16 · Views: 254

The Rookie
Posted on: Mon, 14 Oct 2019 - 07:23


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Balance of probabilities, the Judge will decide what they believe, if NCP say the signs haven't changed and these are the photos and you cannot say they weren't the signs and they have been changed I see no reason why the judge wouldn't believe them.... can you?

This is not proof to a criminal standard (which this would probably be OK for anyway) it's civil.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522110 · Replies: 27 · Views: 489

The Rookie
Posted on: Mon, 14 Oct 2019 - 06:55


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They can add debt recovery costs IF it's included in the original contract (signage) AND they are not relying on PoFA which limits them to claiming from the keeper the original sum demanded and not an inflated one.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522107 · Replies: 27 · Views: 489

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