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nosferatu1001
Posted on: Today, 11:18


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The ones in time - appeal as normal
If their appeals page lets you appeal for the ones out of time, do so, if not appeal va email or post (first class, free proof of posting Aat the post office) - post is last resort.

Highview wil likely cancel the ones in time, if they recieve the BLUE MSE template or Ostells one
If they do, great, if not then POPLA will tell them to cancel

For those out of time, see what happens. Its only Highview, they dont do court, and if the signs do not specify WHEN a matchday is, this has already been shown to be too ambiguous to form a binding term.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454014 · Replies: 12 · Views: 140

nosferatu1001
Posted on: Today, 11:13


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NEW SIGNS: That gives you aditional ammo - the shop MUST have been recieving complaints meaning the signs cant be good enoguh. IF they were good enoguh, the shop would not have put up additional signs.

POPLA cannot state otherwise - they cannot find the signage is suitbale - because a third party to the appeal has declared that it isnt, which is the principal inthe arrangement.

Yes it comes under CRA2015. WOnt help with POPLA.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454009 · Replies: 5 · Views: 120

nosferatu1001
Posted on: Today, 11:11


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Point out you will be cancelling your membership if you dont get his cancelled, as being cahrged £100 for THEIR FAILURE is not something you included in your costs.
Or they could INSTRUCT their AGENT
If they cant do this, then their incompetence in hiring agents also gives you no confidence.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454008 · Replies: 12 · Views: 224

nosferatu1001
Posted on: Today, 10:54


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No
But you could state that, s they have had far more than the 35 days needed by the BPA CoP to review the appeal, you now consider the matter closed
Any attempt by them to revive this ticket will be deemed harassment.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454005 · Replies: 11 · Views: 513

nosferatu1001
Posted on: Today, 10:42


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Yes, but you respond back - they have no pressing need to continue processing data, for the reasnos I have given
If they believe differently - why they MUST rush to file a claim - you require an explanation of exactly why. Another template will not be acceptable.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454002 · Replies: 9 · Views: 249

nosferatu1001
Posted on: Yesterday, 16:31


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You follow exactly how they tell you to appeal, making careful note of any drop down boxes, and if using forms taking screenshotss as you go so you can prove you when and what you submitted.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453769 · Replies: 12 · Views: 140

nosferatu1001
Posted on: Yesterday, 16:29


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It isnt frustration, its to make sure that you know why you wont be repeating the defence exactly - because the defence will have said you cant be liable as keepr because no documents were served as required under... and the witness statement will state that no documents were received within the period required...

So set it out like that - as a timeline of events.
You also need to start with the day in question - was the car parked there or not, for the lenght of time alleged etc.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453767 · Replies: 65 · Views: 3,184

nosferatu1001
Posted on: Yesterday, 15:27


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Do you understand the difference between argument and fact?

Arguent: the defendant is not liable because no "Notice to Keeper" was served, as required to enable keeper liabilty as per POFA2012...

Fact: no Notice to keeper was received by me or any member of my household. The first communication from NCP was on...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453736 · Replies: 65 · Views: 3,184

nosferatu1001
Posted on: Yesterday, 14:34


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Oh gods, its highview

IT istn the last day before legaol aciton, just the last day to appeal no doubt


Oh lol, not even that. Issue date of 07.01 so well within the deadline to appeal

Jsut bang in the MSE FORUM -> NEWBIES THREAD -> *BLUE* appeal to higview, three times, and you should get a cancellation.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453718 · Replies: 12 · Views: 140

nosferatu1001
Posted on: Yesterday, 14:24


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Given a WS is fact, and a Defence is Argument, if youre repeating yourself then youre doing it wrong!

Defence Example: Insufficient signage to convey a contract
Witness Statement: A site inspection showed no signs at all visible from the positon the vehicle was parked on the day in question. See exhibits INITIALS/002 - photographs of the car park rfrom the position of the vehicle.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453714 · Replies: 65 · Views: 3,184

nosferatu1001
Posted on: Yesterday, 13:31


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It would be A point
One of many
The usual popla appeal (the one that usually matters, bar the odd cancellation from SMART or Highview at first appeal) is around 4000 words.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453691 · Replies: 18 · Views: 122

nosferatu1001
Posted on: Yesterday, 13:30


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WEll, YOU need to write YOUR WS now
Its easy, graba RECENT ws example on here and use it for *layout*
The facts of the day are unique to you.

Show us youve done something.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453688 · Replies: 65 · Views: 3,184

nosferatu1001
Posted on: Yesterday, 13:28


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Or you make it easier - state "within 14 days f the set aside being granted" for 3, and another *relative* date for point 4.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453686 · Replies: 237 · Views: 40,757

nosferatu1001
Posted on: Yesterday, 13:17


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You asked a worrying question

You cannot, without paying £255, alter your existing defence
You can only write a witness statement, which is facts and can support your defence (ex. Defence - there were no signs capable of conveying a contract. Witness statement - no signs were visible, see photos exhibited at...)

Youve not returned in a week, so what have you done since then? Have you updated your witness statement so it now references your evidence?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453681 · Replies: 4 · Views: 159

nosferatu1001
Posted on: Yesterday, 11:55


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Interest is fine
So is the £50 to file the claim
No other solicitor or debt collection costs allowed
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453651 · Replies: 33 · Views: 1,266

nosferatu1001
Posted on: Yesterday, 11:50


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Instructions ONLINE as well
Never use the paper form.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453648 · Replies: 7 · Views: 120

nosferatu1001
Posted on: Sun, 20 Jan 2019 - 15:50


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Yes
You have to get this done, this weekend. You're on a very short deadline here

Show us what you have
You need about an a4 defence to show you have a reasonable Chance of success.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453459 · Replies: 33 · Views: 2,137

nosferatu1001
Posted on: Sun, 20 Jan 2019 - 11:33


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No, that's absolutely ancient.
Just send the ppc a sar for all your personal data

Then you send a separate request for all documents they will rely upon such as... as part of their obligations under the pre action protocol and the overriding objective.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453423 · Replies: 24 · Views: 543

nosferatu1001
Posted on: Sun, 20 Jan 2019 - 11:19


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You indeed need to get an application for appeal in, and you will need to set out grounds in law (easiest) why this should occur.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453418 · Replies: 13 · Views: 384

nosferatu1001
Posted on: Sun, 20 Jan 2019 - 10:58


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QUOTE (iangill @ Sat, 19 Jan 2019 - 21:28) *
ok. How long legally do they have to contact the keeper before it is null and void

Wrong way to look at it

They have 56 days from day of parking event, otherwise the KEEPER cannot be held liable. The invoice remains valid, but only against the driver.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453414 · Replies: 53 · Views: 709

nosferatu1001
Posted on: Sun, 20 Jan 2019 - 10:55


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I would complain to the boa
I would also complain to the ico that they're processing your data unlawfully
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453411 · Replies: 23 · Views: 791

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 09:08


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It's against protocols but the court doesn't care.

A witness statement is easy. It's fact based. So start writing it. It's your events in your words.

You've already written your defence. You can't raise new arguments but you can point out facts. If you have medical statements about your symptoms then state so, but be careful about public safety. Easy to turn that into - you shouldn't have been driving as you knew you weren't fit to do so.

If you want data about yourself then send CEL a sar. Separately ask them for a copy of signs on the day.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453091 · Replies: 8 · Views: 226

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 09:01


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Then try to pare it back. It's your defence. You will NOT submit a further defence. This is it. So get it right NOW.
A court will not be interested in 16 pages of defence. Without looking at I bet it isn't SOLELY legal arguments , but chock full of narrative ? If so, that is saved for your WS - which deals with facts.

Don't mistake length for substance.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453090 · Replies: 164 · Views: 6,034

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 08:58


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Hearing fee £25
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453088 · Replies: 18 · Views: 436

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 08:51


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If they've got photos they can easily get the ntk to you. It's been done before.

Pers9nally is wait for the ntk. There is NO CHANCE the ntk can be compliant.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453086 · Replies: 53 · Views: 709

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