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SchoolRunMum
Posted on: Thu, 31 Jan 2019 - 18:48


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QUOTE
WITHOUT PREJUDICE

NO. not that.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1457656 · Replies: 9 · Views: 214

SchoolRunMum
Posted on: Thu, 31 Jan 2019 - 18:42


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OK, looks like your wife nipped in for 13 minutes, then later, you were even quicker (seven minutes)?

I would use Redivi's suggestion, but add at the end, before yours faithfully'

Your client has already been informed that the first driver was my wife and the second driver (not knowing my wife had briefly gone there earlier) was me. Along with the information you have so far withheld, now I also require that you show me the evidence you hold and have inspected, that your clients think they are relying on to wrongly suggest that the same driver 'returned'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1457654 · Replies: 64 · Views: 3,388

SchoolRunMum
Posted on: Thu, 31 Jan 2019 - 18:34


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Just use the template appeal from the MSE NEWBIES thread to show you are not ignoring the scam.

It WILL be rejected. The appeal is not designed to 'work' as such, just to send a message and to look reasonable, without shooting yourself in the foot with a bad appeal.

No trying IAS stage - see any other IPC firm threads on either here or MSE to learn why not. Basically, two words - kangaroo court.

Come back when they sue you - see any other Gladstones UKCPM thread, on either forum. Yes, they will, and yes you are likely to win. Looks like a residential block so read any other residential or permit defence thread as preparation. If that is your home car park, make plans to move asap (not joking) as you do not want to share your home car park with a UKCPM infestation of scammery.

No paying it! That would be shameful for any clued up forum poster, IMHO as it's funding and sponsoring the next PCNs against more victims who might not find a forum.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1457648 · Replies: 37 · Views: 739

SchoolRunMum
Posted on: Thu, 31 Jan 2019 - 18:29


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QUOTE
Doesnt stop the Keeper appealing anyway, and getting their stall set out. They have then engaged and cannot be seen as unreaosnable .


Agreed. But no appealing to the IAS, though, at all.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1457646 · Replies: 13 · Views: 242

SchoolRunMum
Posted on: Thu, 31 Jan 2019 - 18:27


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QUOTE
Why was the counter-claim rejected ?


Because it was templatey and misconceived, and aimed primarily at forcing the case to a hearing - i.e. it had no chance.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1457645 · Replies: 81 · Views: 4,925

SchoolRunMum
Posted on: Mon, 28 Jan 2019 - 23:10


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Obviously you give your name and address, as keeper of the car.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1456588 · Replies: 34 · Views: 1,093

SchoolRunMum
Posted on: Mon, 28 Jan 2019 - 23:09


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QUOTE
three examples of case law being; ‘Parking Control Management v Bull, Lyndsay and Woolford’, ‘UK Parking Control Ltd v Sean Masterson’, and ‘Horizon Parking v Mr J. Guildford’ .

Then above are not 'case law'. They are just County Court decisions that you can suggest are on all fours with your own case. No precedent, no 'case law'.

The defence looks good to me.

Later on at WS and evidence stage, you can use this BPA article as evidence that there is definitely a thign called an 'observation period' to decide if you will stay or go:

https://www.britishparking.co.uk/News/good-...s-grace-periods

See the article under his grinning mug. He has really helped load of people with that article over the years!

QUOTE
Deputy Head of Legal Jacob Edmundson


Just read that utter drivel from the above, he should be ashamed of this one. Five minutes indeed, despite the BPA CoP. Scammery extraordinaire
  Forum: Private Parking Tickets & Clamping · Post Preview: #1456587 · Replies: 205 · Views: 9,058

SchoolRunMum
Posted on: Mon, 28 Jan 2019 - 13:52


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Appeal any BPA firm windscreen PCN ON DAY 26 (not sooner or later) online, using the template in the MSE NEWBIES thread:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

You then ignore any begging letter asking who was driving, and hope they forget to send you a Notice to Keeper (all explained in the Q&A in the link...). Then win at POPLA because you haven't blabbed about who was driving and hopefully your made them forget a NTK by appealing at the optimum time.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1456334 · Replies: 14 · Views: 401

SchoolRunMum
Posted on: Wed, 23 Jan 2019 - 23:57


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I am not sure anyone can add much to your sterling work, Derek. Loving the pressure exerted on the DVLA, ICO and using your MP to good effect.

I have a similar mindset in that I do not believe you are legally obliged to show your VRN when you drive in/out of any retail park - why should you show that data? If everyone covered their numberplates when driving in/out of the Supermarket car park where we all shop, what are they going to do, ban people? How and why?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454834 · Replies: 4 · Views: 335

SchoolRunMum
Posted on: Wed, 23 Jan 2019 - 20:07


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QUOTE
The driver will be leaving it to go to court should they take it that far, they definitely won’t just be paying up.

Highview never sue anyone at the tie of writing this, so ignore them - but publicise it.

QUOTE
The driver has submitted another appeal to POPLA this evening. If this isn’t extenuating circumstances I don’t know what is... does anyone know what the next step would be? They will absolutely not be paying this fine.


Sorry the appeal was lost/will be lost.

The registered keeper would have won first time (one appeal) had they appealed using the usual forum templates from here or MSE, without saying who was driving. No POPLA needed.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454717 · Replies: 19 · Views: 512

SchoolRunMum
Posted on: Wed, 23 Jan 2019 - 19:53


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Any chance of closing this thread as the Radio show was used by a certain company for publicity.

Anyone seen their recent TrustPilot reviews and their 'replies'?

bargepole is not 'that person'.

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  Forum: The Flame Pit · Post Preview: #1454710 · Replies: 12 · Views: 1,010

SchoolRunMum
Posted on: Wed, 23 Jan 2019 - 16:39


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QUOTE (Bullit70 @ Wed, 23 Jan 2019 - 16:27) *
Why is the 14 day rule in place for sending out PCN's, if the parking company can still issue a PCN after 26 days? Surely this makes a mockery of the rule?

It makes a mockery of the intention of the POFA, yes.

But if you give a parking firm an inch they will take a mile, and so they thought up this jolly wheeze that they could issue ''non-POFA'' PCNs late (driver only ones) and the Trades Body and the DVLA said, ''oh, OK then, we'll allow a 2 tier system, carry on!''

Loads of PPCs ignore the POFA and chose not to 'use' it. Not what Parliament intended.

But victim drivers are stupid or naive enough to pay up anyway, as they are scared it's a real PCN.

Thus, it works for the scammers.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454641 · Replies: 24 · Views: 593

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 02:00


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QUOTE (rk001 @ Fri, 18 Jan 2019 - 15:42) *
Hmm, something to consider then. Thanks again. A couple of other things I've noticed just now. ..

On the reverse of the rejection they advise on how to appeal to POPLA. They suggest online, but also say that an appeal can be done by post, in which case to write to them for a form. Now I can't see a requirement to do this for an appeal, which seems to me to be a sneaky way of trying to use up appeal time and also give them a heads up that an appeal is being made. Is this contestable do you think by placing an unnecessary and onerous process?

They also say that if you have already paid the reduced charge to them and an appeal has been made to POPLA which is unsuccessful, then the charge will increase to the full amount and will be payable. I know the practice guide says it's either pay up or appeal, but not both, so this to me seems wrong. Again, is it something that can be used?


The consensus of opinion here is that neither of those help you to cancel the ticket/win appeal.

When you say you already tried complaining, did you escalate it and try the retail park owners et al, like I said (I didn't just mean one complaint). Can't stress this enough:

QUOTE
NEVER try POPLA before firstly exhausting the retailer/landowner complaint.

I really mean 'exhausting' (Manager, and then the Head Office if it's a national chain) as that's a dead easy way to get a PE PCN cancelled, and can't be done after POPLA.


You cannot complain after trying POPLA, so think whether you have tried every avenue, every Manager. If you lose at POPLA you then have no avenues.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453375 · Replies: 14 · Views: 428

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:55


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Use bargepole's concise defence instead, with ONE point added which talks about the facts of the car park and denies liability for whatever the Particulars of Claim say.

I agree with Umkomaas:

QUOTE (Umkomaas @ Fri, 18 Jan 2019 - 22:17) *
I really think you should have a look at legally qualified Bargepole's exemplar defence template in MSE's NEWBIES FAQ sticky, post #2, that hardly runs to 16 lines, let alone 16 pages.

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

  Forum: Private Parking Tickets & Clamping · Post Preview: #1453374 · Replies: 205 · Views: 9,058

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:53


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I suggest you remove the post about the sandwich, as PPCs read this forum. Remove it NOW.

You were not there so you don't know that the driver was not simply reading the sign or getting change to pay and display.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453373 · Replies: 30 · Views: 1,287

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:48


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But this is the silver bullet anyway, that shows it's a non POFA PCN:

QUOTE
failing to give notice of the keeper’s liability as prescribed in Section 9 (2) (f) of the Act.


Submit that by email or on any online appeals page the PCN makes available, and not by post unless given no other option,
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453372 · Replies: 17 · Views: 496

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:42


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QUOTE (mip19lot @ Thu, 17 Jan 2019 - 16:41) *
Just for the record.

CEL discontinued their claim.


I have just found the papers at the bottom of my in-tray. Sorry for the delay to anyone that was following the post.

Thanks to everyone on here that helped me along the way.

Cheers



Well done on your win!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453371 · Replies: 25 · Views: 1,089

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:39


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Have you also forwarded that text to the BPA to add to your complaint? You MUST give them the PCN ref or they can't look at it.

Are ZZPS regulated by the FCA? If so, also complain to them about this conduct.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453370 · Replies: 144 · Views: 6,688

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:37


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QUOTE
Either I am wasting effort as judge at fault in regards procedure so we can have it heard again. Not chasing appeal of the decision itself as this really means paying for transcription of the court tapes .


I think if you want a re-trial then you will need to put in an appeal. See what others say.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453369 · Replies: 69 · Views: 1,845

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:32


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Did you already blab about who was driving? If so, then 'not relevant land' won't be possible as an argument.

Did you leave well BEFORE the expiry of the P&D ticket? i.e. paid for the full parking time?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453368 · Replies: 11 · Views: 307

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:25


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As long as you didn't say in your appeal that you are familiar with the car park and 'always pay', then go all out to prove to POPLA that the signs are not lit at night, if that arrival photo is at night/early hours, and as dark as it looks.

Get photos in the dark with no flash, lots of them.

If you've admitted to being familiar with the car park I am struggling to see a case, as you couldn't then say you were not given the opportunity to see the terms in the dark.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453365 · Replies: 11 · Views: 386

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:21


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Those signage photos are brilliant evidence. POPLA would be mad to think they are capable of prominently communicating a contract to display a permit or pay £100.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453364 · Replies: 15 · Views: 461

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:18


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If you are not sure what to expect, read some completed cases on here.

Or search MSE forum for the keywords another one bites the dust which I type under every court win, and will show you loads and loads of tips and outcomes and court reports.

And on here, MST just posted his experience and tips, as he just won.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453362 · Replies: 87 · Views: 5,819

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:17


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Love that outcome!

  Forum: Private Parking Tickets & Clamping · Post Preview: #1453363 · Replies: 8 · Views: 409

SchoolRunMum
Posted on: Sun, 20 Jan 2019 - 01:14


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QUOTE (Speckled Hen @ Fri, 18 Jan 2019 - 22:00) *
So what do I do when CEL's letter before claim arrives?

Having read this and many other forums, it would seem that everything is based on Contract Law, but I have no idea if such laws cover the requirement for an ANPR and automated payment system to be 'fit for purpose'. My own non-legally based logic would suggest that a payment system operated by mobile phone should send some sort of failure message if the payment failed.


See the MSE NEWBIES thread post #2 about LBC and court stage.

CEL normally muck it up.

Plenty of defences on here and on MSE, and many are about failure of a phone app and that the driver made 'reasonable endeavours' to pay.

Search both forums for Jolley v Carmel defence as your keywords and you will be able to read what happened in shedloads of similar cases, and how to write a defence.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453361 · Replies: 4 · Views: 171

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