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nosferatu1001
Posted on: Yesterday, 17:01


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No! No signed for!

If they refuse it, then it definitely was not delivered

First class, free proof of posting.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426709 · Replies: 20 · Views: 308

nosferatu1001
Posted on: Yesterday, 15:37


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Apologies, i thought you had a LBA theyd sent you.
SO no, no deadline as such - but the longer you wait the more chance they will initiate something.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426682 · Replies: 20 · Views: 308

nosferatu1001
Posted on: Yesterday, 14:25


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You initially said it was "no return"

What on earth does this have to do with "no waiting"? Waiting and returnign are utterly different concepts.

What I am saying is that the contract can only EVER be with the DRIVER at the time. IF a contract says "NO RETURN" yet two drivers drive in and park, NEITHER has breached the contract term. THis is because neither driver returned.

I still dont understand why you are now talking about no waiting when this was about no return. PLease explain.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426668 · Replies: 71 · Views: 2,619

nosferatu1001
Posted on: Yesterday, 14:21


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Day 26. Day 28 they may overlook it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426667 · Replies: 12 · Views: 139

nosferatu1001
Posted on: Yesterday, 12:03


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EDIT YOUR POSTS, NOW

You have been told twice

If you dont, you will find this MUCH harder. Your choice.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426642 · Replies: 21 · Views: 392

nosferatu1001
Posted on: Yesterday, 10:42


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Worth a try.
But look at it from their point of view - the car park is for hotel guests use, not for people visiting a restaurant. Its likely why they've hired a parasite PPC in the first place!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426626 · Replies: 6 · Views: 81

nosferatu1001
Posted on: Yesterday, 09:43


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It still isnt a statement... READ posts. Dont skip them!

You do realise a key element of CEL defences is that they cannot hold a Keeper liable? Yet youve just blabbed about who the keeper is? EDIT THAT LAST POST, NOW. THE DRIVER parked...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426608 · Replies: 36 · Views: 1,172

nosferatu1001
Posted on: Yesterday, 09:41


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You need to be clear here

If YOU are not the named defendant, YOU Cannot submit a defence. The named defendant MUST be doing this. Of course, you can help the named defendant WRITE the defence.

A CRITICAL element of the defence will be that they have not complied with POFA to hold the *hirer* liable.
Your post above makes little sense. If you werent the driver, you werent the driver. If the hirer wasnt the driver, tehy werent the driver. Cars usually hold more than one person, or can do, and so being an OCCUPANT OF THE CAR does not mean they were the drvier...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426607 · Replies: 21 · Views: 392

nosferatu1001
Posted on: Yesterday, 09:34


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Edit the post
The identity of the driver MUST be hidden
Call them "the driver" as in "the driver parked..."
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426606 · Replies: 6 · Views: 81

nosferatu1001
Posted on: Yesterday, 09:29


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If you move house, and they issue a claim after oneyear - beyond when mail redirection will run out - youre in trouble.
So yes, of course you let them know. State this is your NEW ADDRESS FOR SERVICE and you ONLY acccept service via post, never email. You will hold them liable for all costs and damages if they use your old address.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426602 · Replies: 62 · Views: 3,458

nosferatu1001
Posted on: Yesterday, 09:27


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Dont use forum space - its too limited. Use tinypics, imgur etc.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426600 · Replies: 14 · Views: 251

nosferatu1001
Posted on: Yesterday, 09:25


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SUrely No Return? No Waiting makes no sense...

They can only ever claim *the driver* breached a term. THe keeper cannot do anything, as that legal entity was not the one any contract can be with.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426598 · Replies: 71 · Views: 2,619

nosferatu1001
Posted on: Yesterday, 09:11


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Sounds good to me

Give others a chance to comment, as ever, but dont miss any deadlines smile.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426597 · Replies: 20 · Views: 308

nosferatu1001
Posted on: Yesterday, 08:55


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Inded, GS just copy and paste a TERRIBLE witness statement - that usally BREACHES COURT RULES by introducing arguments not advanced intheir claim - which you can absolutely tear holes into
For example - it will make assumptions and hang argumetns off those assumptions, and never actually provide any evidence.

Its a shame you rushed so much - theres no point putting things up for us to have a look at, if you submit anyway. I replied at 11am, and the court day doesnt finish until 4pm, so you had 4+ hours left to submit it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426594 · Replies: 53 · Views: 1,358

nosferatu1001
Posted on: Yesterday, 08:38


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...

What happened to the SAR? Was it sent? What did you get in response?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426591 · Replies: 21 · Views: 738

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 16:18


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So, that tells you....?

Have you had a read through of para 14, or any threads onthis?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426396 · Replies: 12 · Views: 139

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 16:17


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The driver does, and you know who that is...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426395 · Replies: 14 · Views: 181

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:58


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Post 14. I told you what to do.

You dont have to prove otherwise. Yo upoint out the person nominating could not possibly know who the driver was.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426388 · Replies: 23 · Views: 202

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:47


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Have you made notes as told?
You need them. Contemperaneous notes, ideally witnessed, make GREAT evidence in court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426385 · Replies: 21 · Views: 763

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:46


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POFA Scheudl 4 para 14
I bet they havent provided a copy of th elease agreement? yes or no.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426383 · Replies: 12 · Views: 139

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:45


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OK

Not sure why you rushed.

I hope you have read MSE FORUM NEWBIES THREAD, POST 2, by now?
Yes or No?

You will need to prepare a PROPER witness statement. Start working on it now.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426382 · Replies: 11 · Views: 260

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:43


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It isnt a fine.
Its an invoice
Maybe tell the estates team they should understand the difference.

WHo cares that its not signed? Its irrelevant. Yoru request can, and has been, ignored because you cannot compel it. Why people think they can make arbitrary requests i dont know...

WRiet back
1) I am not the driver, so *I* did not breach any terms and conditions.
2) As you admit you are not using the ONLY legislation avaialble to you to hold me, the keeper, liable - POFA2012 - I require you to state your Cause of Action agaisnt me as a defednant. Please note that your reference to CPS v AJH films has gotten even more laughable than previously - clearly not even a paralegal has written this template! - as you should be aware that 1) CPS v AJH films created no presumption and 2) it was entirey about the well established concept of employer / employee liabilty. Given that this requires proof by the claimant that such a relationshiop exists, the notion that there is a "reasonable presumption" is clearly rebutted.

You must, now, lay out your proof of the identity of the driver, and that this is the same as the keeper. As your presumption has been rebutted - and wil continue to be rebutted - furthe rreference will be unreasonable obstruction and a fauilure to comply with YOUR obligations, as officers of the court, to the overiding objectives. THis is reportable to the SRA

3) Your reference to "...pursuing you as the registered keeper of the vehicle" is, I presume, simply another error by the office tea-boy who wrote this template, because it makes absolutely no sense to say you are not using POFA and to then insert this statement.
4) No, I am not liable for your £54, and you are again misleading a consumer as to their liabiltiy.
a) CPR27.14 states you are lying
b) POFA schedule 4 states you are lying
c) CPR27.14(2)(g) willl however make your client loiable for MY costs when your letters are shown to the court.

See what others think. No rushing. Im a tad off today wink.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426381 · Replies: 14 · Views: 251

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:26


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No

POFA 2012 states that Keeper liabiltiy does not apply where the land is under statutory control. This land is under statutory control
DOes the Notice or ANY of the NCP communicaiton state that the Keeper is liable? Yes or No.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426374 · Replies: 9 · Views: 124

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:24


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Why are you surprised that theyre trying to make her identify the driver? Without the drivers identity they struggle a lot more

From where did they get the idea that the appeal was on behalf of the driver? I dont understand how they arrived. Were any options checked on teh PP website?

Theyre not refusing to send the POPLA code. Theyre doing what they always do - stalling, trying to get the drivers details.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426373 · Replies: 23 · Views: 202

nosferatu1001
Posted on: Thu, 18 Oct 2018 - 15:07


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Maybe post the appeal up. THat would be fairly useful for us to see.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426369 · Replies: 13 · Views: 243

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