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Jlc
Posted on: Yesterday, 17:07


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Small claims are heard in county court. There’s no dedicated small claims court.

No contesting of jurisdiction.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391352 · Replies: 8 · Views: 113

Jlc
Posted on: Yesterday, 15:39


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When is the claim form dated? If you acknowledge the claim (which is considered served 5 days after that date) then you get another 14 days to defend.

What was the charge issued for? I presume staying over time or not registering your reg inside the pub.

The ‘loss’ element mostly doesn’t apply following Supreme Court ruling.

Having said that I wouldn’t pay up without a fight. Witness statements can be presented without attendance and you get to choose the court. They will have to pay a hired gun to attend which takes a large slice out of any potential winnings.

If you do not want to go as far as a hearing then you could negotiate a settlement. £50 of their claim for solicitor has not actually been incurred.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391325 · Replies: 8 · Views: 113

Jlc
Posted on: Yesterday, 15:27


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PALS won’t help at claim stage.

PE don’t receive any of the tariff which is why they are dead keen to sue (on a technicality). Personally, there’s not a huge risk in taking this all the way to a hearing. There’s a chance that the judge will agree the tariff was paid and they are not entitled to such a large amount.

The charge is supposed to prevent breach (primarily for those avoiding payment) - an minor ‘error’ seems to be a penalty to me not saved by Beavis.

If it goes as far as a hearing then they’ll have to hire someone to attend which takes a large slice out of their winnings if they do... alternatively, you could try negotiating a lower figure if you don’t want to attend court. (They are aware of the financial situation). £50 of the claim is fanciful as they have not incurred it. They’ve had to pay £25 for the claim though.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391321 · Replies: 7 · Views: 104

Jlc
Posted on: Yesterday, 12:07


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As SRM asked above - was any paperwork received? Was a previous address used?

Being unaware of the court process will assist with the recall.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391284 · Replies: 16 · Views: 324

Jlc
Posted on: Yesterday, 12:06


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QUOTE (scribz @ Sun, 17 Jun 2018 - 11:16) *
...so if anyone is getting into trouble for driving without due care and attention it should be the third party that pulled out from the give way?

It's possible the other driver is facing charges too, but this doesn't provide you any defence. (Both drivers could have fell below the standard of a safe and competent driver)

QUOTE (scribz @ Sun, 17 Jun 2018 - 11:16) *
i have no legal representation, i will be representing myself so if anyone can shed some light on how i would address this in the correct manner in court.

Have you entered a plea yet?

Did the matter go straight to court?
  Forum: Speeding and other Criminal Offences · Post Preview: #1391283 · Replies: 11 · Views: 395

Jlc
Posted on: Sat, 16 Jun 2018 - 20:09


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In Scottish courts you have to apply to recall the decree, see 13.5 to 13.7 Here.

Contact the court on Monday to start the process.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391201 · Replies: 16 · Views: 324

Jlc
Posted on: Sat, 16 Jun 2018 - 13:00


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POPLA is for BPA members. They are IPC members who are quite litigious.

The terms of the lease are paramount here.

It’s up to the parking company now whether they issue a claim. Although, if the lease is favourable then there's no reason to hold back with this information.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391090 · Replies: 9 · Views: 184

Jlc
Posted on: Sat, 16 Jun 2018 - 12:57


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I‘d pay it if you can't quell your enthusiasm to say who was driving.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391088 · Replies: 10 · Views: 115

Jlc
Posted on: Sat, 16 Jun 2018 - 11:19


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What would be great is to see if this is a well rehearsed routine and film them doing it. It’s potentially criminal...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391069 · Replies: 21 · Views: 477

Jlc
Posted on: Sat, 16 Jun 2018 - 11:17


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A simple overstay of free car park is probably very Beavis relevant but as HV don’t do court it’s definitely a hollow frightener.

They usually do not comply with Protection of Freedoms Act and are easy to beat at POPLA if they are intransigent in appeal. But ignoring them is not the approach as a missed appeal window will see a barrage of threatening mail.

Best to get it cancelled, if it’s not too late!

What sort of car park is it - can a shop help if there are genuine reasons for the overstay?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391068 · Replies: 2 · Views: 65

Jlc
Posted on: Sat, 16 Jun 2018 - 11:12


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Indeed, re-read the earlier posts and then ask specific questions. Your latest question is answered already.
  Forum: Speeding and other Criminal Offences · Post Preview: #1391066 · Replies: 11 · Views: 823

Jlc
Posted on: Sat, 16 Jun 2018 - 11:06


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Yes, careless driving (falling below the standard expected of a safe and competent driver) would be the likely charge.

If they decide to prosecute then it can be dealt with in a number of ways - fixed penalty, course or straight to court. A course will normally only be offered if you effectively admit being at fault and are remorseful. Obviously, such ‘admission’ could impact any court case. You’ll have to see how they approach it but you will be entitled to duty solicitor; this is easiest if you attend the police station rather than them visiting you.

Careless, at court, is 3 to 9 points - 6 triggering a revocation of your licence under new drivers act. Any (excess) speed could be considered an aggravating factor if shown to be relevant.

In terms of insurance you would have to declare the accident regardless and I think you know a prosecution is possible - did the Police make any such inferences at the time?

What’s the state of your current (?) policy?
  Forum: Speeding and other Criminal Offences · Post Preview: #1391063 · Replies: 8 · Views: 472

Jlc
Posted on: Sat, 16 Jun 2018 - 09:07


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QUOTE (Redivi @ Sat, 16 Jun 2018 - 09:29) *
This company should be investigated without delay rather than waiting a month for a Notice to Keeper to appear
If the OP's up for it, I would appeal the windscreen ticket with the usual cautions not to identify the driver

I agree but I don't believe any NtD's were issued... This is going to be done by camera only and if the drivers hadn't of returned they would have received notices in the post without even being aware.

But I agree a pre-emptive strike with as many parties as possible is worthwhile, even the IPC.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391043 · Replies: 21 · Views: 477

Jlc
Posted on: Sat, 16 Jun 2018 - 08:12


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Some interesting gems from their website too:

We rarely place tickets onto the windscreen of car.

If we reject your appeal we will send you the details of Parking on Private Land Appeals (POPLA) – the Independent Appeals Service.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391032 · Replies: 21 · Views: 477

Jlc
Posted on: Sat, 16 Jun 2018 - 07:53


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QUOTE (emanresu @ Sat, 16 Jun 2018 - 06:43) *
QUOTE
You'll have to wait and see if they access the DVLA.

They can.

Indeed. It's more whether they actually do now there's an element of being 'rumbled'.

Personally, I think notices will arrive - on the basis some will pay anyway... If business doesn't come to you then the business has to go to the 'customers'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391026 · Replies: 21 · Views: 477

Jlc
Posted on: Sat, 16 Jun 2018 - 07:51


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Roughly how much was the purchase?
  Forum: The Flame Pit · Post Preview: #1391025 · Replies: 13 · Views: 248

Jlc
Posted on: Fri, 15 Jun 2018 - 20:03


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Hmmm. You'll have to wait and see if they access the DVLA.

They have to do this quickly if they are seeking keeper liability. (Deliver within 14 days)

They haven't issued a court claim to date.

If anything arrives, come back. I have a hunch they'll try it on.

Any contract is formed at the time of parking. They cannot put out a bunch of signs and claim there was a contract... I’m wondering if this is a tactic and would definitely be predatory.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390950 · Replies: 21 · Views: 477

Jlc
Posted on: Fri, 15 Jun 2018 - 19:59


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I meant what was the appeal submitted... wink.gif

Driver identity is crucial.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390948 · Replies: 6 · Views: 121

Jlc
Posted on: Fri, 15 Jun 2018 - 19:35


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Appealing from a PCN on the car?

What exactly did it say?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390934 · Replies: 6 · Views: 121

Jlc
Posted on: Fri, 15 Jun 2018 - 19:26


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QUOTE (Northern @ Fri, 15 Jun 2018 - 19:05) *
Credit card.

Via PayPal or the like?

QUOTE (Northern @ Fri, 15 Jun 2018 - 18:49) *
...would that mean me travelling up north for a court hearing or him travelling down south?

The defendant has the choice of court to use.
  Forum: The Flame Pit · Post Preview: #1390927 · Replies: 13 · Views: 248

Jlc
Posted on: Fri, 15 Jun 2018 - 19:22


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QUOTE (Slumberished @ Fri, 15 Jun 2018 - 19:18) *
Is this legally enforceable?

No. But this may not stop them trying. There can be no possible contract.

If they are a member of an approved trade association (BPA/IPC) then in my opinion they should lose that status and stop being able to access the DVLA.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390926 · Replies: 21 · Views: 477

Jlc
Posted on: Fri, 15 Jun 2018 - 16:30


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Indeed, personally I am not familiar with this piece of road. My answer was on the basis of an offence being committed.

Is there a camera enforcement system in place?
  Forum: The Flame Pit · Post Preview: #1390870 · Replies: 15 · Views: 338

Jlc
Posted on: Fri, 15 Jun 2018 - 15:37


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It's an endorseable offence - either by way of fixed penalty (3 points £100) or at court maximum of £2,500.

Having said that I doubt you will have been caught if not stopped at the time.

I don't believe it's an offence that requires a NIP within 14 days, so they would have 6 months to start a prosecution. (If they knew the driver - which would be requested if they were to proceed)
  Forum: The Flame Pit · Post Preview: #1390862 · Replies: 15 · Views: 338

Jlc
Posted on: Fri, 15 Jun 2018 - 15:27


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Good (or right) result!
  Forum: Speeding and other Criminal Offences · Post Preview: #1390860 · Replies: 29 · Views: 2,148

Jlc
Posted on: Fri, 15 Jun 2018 - 15:21


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Something isn't right here - a single parking event would never incur a single charge of £530 unless there's something crazy going on.

The BPA limit the charge to £100 and debt collection to £70 (without special authorisation).

Either there's more than 1 charge or something else.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390857 · Replies: 16 · Views: 324

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