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The Rookie
Posted on: Today, 09:22


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You have a reply, you don't have an answer to your question.

Stating it complies with a legislation that doesn't actually exist looks to fall foul of Section 2 of the Fraud Act to me.
QUOTE
2Fraud by false representation
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss

They made a provably false representation and they sought to gain from it (by getting you to pay the NtK), the only question would then be was it 'dishonestly' or complete F-wittery? As a company specialising in this industry you would sort of expect them to know that there is no legislation so logically it was dishonestly.

Personally I'd put in something along the lines of

It appears to me that you are attempting to persuade me to pay your NtK by dishonestly claiming that the signage meets a legislation which I don't believe exists, nor do I believe that you have a genuinely held belief it exists. So not mentioning the fraud act by name or making an accusation but maybe focusing their mind. If they think you'll take it further it may focus their mind.

It would also give ammo for a complaint to the IPC for them claiming an authority they didn't have, contrary to the CoP.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560994 · Replies: 16 · Views: 384

The Rookie
Posted on: Today, 09:08


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Well exactly, but we need to see the signs to respond to that correctly. If it's not clear from that then the reason for the PCN hasn't been explained to the keeper as req'd by PoFA.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560991 · Replies: 5 · Views: 52

The Rookie
Posted on: Today, 07:58


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You've received it as registered keeper, they have no way of knowing who the owner is of course.

Despite claiming PoFA liability they have failed to meet the requirements of PoFA and as such there is no liability on the keeper (the registered keeper is assumed to be the keeper unless the contrary is proven).

They may have other photos but any transgression must be minimal (or de minimis as the law would put it), did the driver take a photo at all?

PoFA failings
1/ No period of parking
2/Reason for charge is unclear, at best ambiguous at worst outright wrong, unless its for failing to display a permit perhaps and not where the car was parked (can you get a photo of the signs at the location?)
3/ Warning wording is incorrect
4/ No invite

You need Ostell's simple bogoff letter which no doubt he'll post up soon for you!

Was the NtK sent by royal mail first class post? If not the 2 working days presumption is also wrong, Private Parking Companies (PPCs) often use a bulk handling service to save money and the 2 working days presumption would not then apply.

It also falls foul of the BPA code of practice, as no discount is offered.
QUOTE
Parking charge notices served by post must offer the same payment discount arrangements as tickets placed on vehicles, while allowing extra time for the postal service.


Pretty cr@p parking though!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560980 · Replies: 5 · Views: 52

The Rookie
Posted on: Yesterday, 15:00


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QUOTE (Quintessentially @ Wed, 1 Apr 2020 - 15:17) *
On one hand you say the agreement is irrelevant and then go on to say " the contract could say".

Respectfully, I would stop there. .

Respectfully, read it again.....

The contract could say anything and it’s not relevant, I was consistent.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560823 · Replies: 27 · Views: 294

The Rookie
Posted on: Yesterday, 14:22


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My local BiB had a checkpoint up on a local road, and acquaintance was one of those stopped, he was asked a couple of simple questions and waved on his way, his perception was that the police were simply trying to deter frivolous journeys by getting people to think about where and why they were going before doing so.

On local faceache groups you still get people quoting the guidance as law of course!
  Forum: The Flame Pit · Post Preview: #1560805 · Replies: 147 · Views: 2,793

The Rookie
Posted on: Yesterday, 14:03


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No it really isn't.

Its a matter of fact whether he was either the keeper or driver at the time (in line with the definitions in PoFA) not what a third party contract says.

The contract could say he's the keeper, but if he wan't at the tie he wasn't as far as PoFA is concerned.

Para 13 is for hire cars, it may well not even be a hire car, and if its lease it's likely the company is leasing it and are the 'hirer' in respect of the legislation.

In addition a hirer is only liable if they are the keeper, this is part of the issue with PoFA, while a hirer or RK can only get rid of responsibility if they name the 'driver' many times they can only name 'the keeper' and of course only the keeper is liable, not an RK or hirer UNLESS they are also the keeper.

QUOTE
4(1)The creditor has the right to recover any unpaid parking charges from the keeper of the vehicle
Not hirer, not registered keeper
and the keeper......
QUOTE
“keeper” means the person by whom the vehicle is kept at the time the vehicle was parked


  Forum: Private Parking Tickets & Clamping · Post Preview: #1560793 · Replies: 27 · Views: 294

The Rookie
Posted on: Yesterday, 13:42


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EDIT that post immediately.

Describe what 'the driver' did, no I, we, they, he or even the dog. DO NOT give away driver ID.

In Scotland there is no keeper liability, so as long as they don't know who was driving you as 'the keeper' need do NOTHING at all. Just file it.

Go back to Enterprise and complain, their own T&C's (unless they've changed them recently) do not allow them to charge an admin fee for this and they are known to role over and refund it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560789 · Replies: 7 · Views: 96

The Rookie
Posted on: Yesterday, 13:17


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How about a Google Street View link? Sounds unlikely though.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560787 · Replies: 11 · Views: 222

The Rookie
Posted on: Yesterday, 11:40


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QUOTE (Quintessentially @ Wed, 1 Apr 2020 - 11:57) *
a vehicle which was provided to him for his exclusive use.

You know that how?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560767 · Replies: 27 · Views: 294

The Rookie
Posted on: Yesterday, 09:58


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The six months only applies to cars whose MOT's ran out after 29th March, not those before so he should be OK.
https://www.gov.uk/getting-an-mot

That said last time I looked I'm sure it just said' March' and 'April' for the extension so it's possible they added the extra 2 days since and it's taking a while to catch up.
  Forum: The Flame Pit · Post Preview: #1560751 · Replies: 29 · Views: 522

The Rookie
Posted on: Yesterday, 09:17


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So the company named you as the driver, if you were not I presume you told the parking company (which is?)

Mediation is aimed at preventing it going to court, Gladstones won't settle for less than the full amount, so mediation is pointless.

Knowing what defence you entered is rather key, we need to know what it was WORD FOR WORD.

A plotted history of the case would be helpful.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560743 · Replies: 27 · Views: 294

The Rookie
Posted on: Yesterday, 08:53


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Yup, that's the one to send. And be prepared to make that complaint and also to the ICO.

Please edit your post, 'the driver' visited Asda, no other hint of driver ID please.

The Keeper (who it seems is also the registered keeper) is dealing with it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560740 · Replies: 2 · Views: 82

The Rookie
Posted on: Yesterday, 07:58


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From: Warwickshire
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I don't know why you're talking about calling the hotel anyway, they will have no influence on the PCN, if it's not their land they have no influence on the parking company do they?

By all means give them hell for the wrong information but it won't help deal with the PCN.

And start following the advice given please, you are still tying the driver to the keeper, you need to use 'the driver' and 'the keeper'. Suggest a complete re-edit is still in order. That way the advice posts will tally with your edited accounts.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560734 · Replies: 11 · Views: 222

The Rookie
Posted on: Yesterday, 06:27


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I've asked a Mod to put this in the right forum for you, not quite sure how you ended up here!

You need to post a photo/scan of ALL of the PCN with just personal details redacted. Read the FAQ on how to.
  Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1560727 · Replies: 3 · Views: 84

The Rookie
Posted on: Yesterday, 06:10


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You aren't going to be penalised for being that little time late.
  Forum: The Flame Pit · Post Preview: #1560725 · Replies: 29 · Views: 522

The Rookie
Posted on: Tue, 31 Mar 2020 - 14:38


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You have two pages suggesting that
1/ it wasn't litter
2/ Even if it was there was no intent to, or actual, leaving.
And yous suggest there is no defence?
  Forum: Speeding and other Criminal Offences · Post Preview: #1560597 · Replies: 67 · Views: 3,454

The Rookie
Posted on: Tue, 31 Mar 2020 - 14:36


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Did you complain to the SRA suggested?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560594 · Replies: 28 · Views: 1,503

The Rookie
Posted on: Tue, 31 Mar 2020 - 13:44


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I guess it's just a courtesy to tell us, they still have to comply with the statutory timescales so no need to announce it at all.

Many councils may be doing the same thing and just chosen not to announce it.
  Forum: The Flame Pit · Post Preview: #1560580 · Replies: 4 · Views: 134

The Rookie
Posted on: Tue, 31 Mar 2020 - 13:10


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A friend fought off an attempted car jacking for his Golf R using a krooklock.

Very much a live issue, well apart from these idiots hopefully.
https://www.expressandstar.com/news/crime/2...r-with-crowbar/

Crowbars, machetes and even gold clubs seem to be the weapons of choice.

https://www.youtube.com/results?search_query=car+jacking+uk

Yet more evidence SF lives in a weird, disconnected from reality, bubble!
  Forum: The Flame Pit · Post Preview: #1560571 · Replies: 147 · Views: 2,793

The Rookie
Posted on: Tue, 31 Mar 2020 - 10:23


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It would, but seeing as how most NHS trusts ignore most of the mere guidance, I doubt they will introduce this early.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560517 · Replies: 6 · Views: 163

The Rookie
Posted on: Tue, 31 Mar 2020 - 09:51


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Local thefts of cars have continued mostly unabated.

That said more homes will be occupied reducing day time opportunity thefts and less people driving which would help offset car jacking.

Noting anyone can still go to work unless they are in one of the specifically closed businesses. So factories, building sites etc. are still working 'as normal' (noting social distancing req'ts)
  Forum: The Flame Pit · Post Preview: #1560511 · Replies: 147 · Views: 2,793

The Rookie
Posted on: Tue, 31 Mar 2020 - 09:01


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From: Warwickshire
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'From April 2020'........
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560499 · Replies: 6 · Views: 163

The Rookie
Posted on: Tue, 31 Mar 2020 - 08:53


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You haven't updated 2.

We've established that the NtK was insufficient to hold the keeper liable as it was PoFA non compliant, you've not used that at all.

'The NtK served on the registered keeper was non compliant with the requirements of the Protection of Freedoms Act 2012 Schedule 4, as such ES parking have no course of action against the keeper but instead can only make a clam on the driver.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1560496 · Replies: 80 · Views: 5,349

The Rookie
Posted on: Tue, 31 Mar 2020 - 08:24


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QUOTE (ostell @ Tue, 31 Mar 2020 - 09:03) *
I haven't seen a PCN that misses so much for a long time.

Actually this looks like they are adopting a similar approach to PE (who's non PoFA NtK contain as many misses I'd suggest), where they know they are non compliant with PoFA making no effort to try and state any keeper liability or smoke and mirrors at all.

I do wonder if some PPCs are getting a bit cautious about possible legal (crim or civil) ramifications of claiming something they know will have no right to claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560484 · Replies: 10 · Views: 127

The Rookie
Posted on: Tue, 31 Mar 2020 - 08:01


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'While a manufacturer can set a maximum sale price, it's not illegal to sell above that, it's just that the manufacturer may then withhold supplies in the future (commonly used for 'Halo' cars were demand outstrips supply and the manufacturer is selling at an effective loss for the halo benefit), for items being bought through a wholesale channel that's unlikely to be effective I'd suggest.

That's my understanding anyway.
  Forum: The Flame Pit · Post Preview: #1560482 · Replies: 9 · Views: 183

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