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nosferatu1001
Posted on: Today, 08:13


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GPEOL is dead, and there is no chance of you seeing advice otherwise that dates from after PE v Beavis, which was in 2015

The driver overstayed both grace periods, and i woudl sugest there is little hope on this one UNLESS they have missed POFA compliance, which you havent even considered.

Which car park?
Does the NtK refer to POFA on the back? Delivered within 14 days?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454361 · Replies: 1 · Views: 20

nosferatu1001
Posted on: Today, 08:11


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Indeed, there is no further appeal; the only place that then matters is court. You need to be aware you DO NOT control that process - its at their dsicretion

If you move within 6 years of date of issue, send them a letter confirming your new ADDRESS FOR SERICE that they MUST use.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454359 · Replies: 9 · Views: 108

nosferatu1001
Posted on: Today, 08:09


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Show us your draft claim for costs
You MUST show how it was UNREASONABLE of them to file the claim AND then wait until you exchanged documents, so it was clear you had wasted time AND were not backing down, before discontinuing.
Include that they lost a claim on this X years before the event, so they knew they were likely to lose htis one as well.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454358 · Replies: 162 · Views: 7,075

nosferatu1001
Posted on: Today, 08:08


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No, dont rush this!
Yes yiou have until 4pm on the 7th feb

I get an error while viewing the above at work; just copy and paste it into the forum, people dont like following links.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454357 · Replies: 168 · Views: 6,175

nosferatu1001
Posted on: Today, 08:07


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Or check the land registry
Or tell them that, as this was a delivery driver on a delivery, this by defintiion was not PARKING, and no parking terms were accepted either by intent or performance.

THey can cancel the charge, or attempt a court claim where it will be defended and won on this basis. Their choice.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454356 · Replies: 1 · Views: 35

nosferatu1001
Posted on: Today, 08:02


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What about Plan 1, referred to in photo 13?

You havea right to park there, with the only requirement being it is taxed and roadworthy.
No requirements to enter a contract witth a third party
No requirement to display a permit
No requirement to pay a charge for breach of a contract youre not requried to, nor have need to, enter

Why didnt you at least spell check that before you sent it? You've mispelled Group and favourable.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454355 · Replies: 27 · Views: 531

nosferatu1001
Posted on: Today, 07:59


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A SAR is, as the name tells you, only to do with data about the SUBJECT
Signs on a piece of land are NOT your personal data, and are not the subject of a SAR

You can ask the court to strike the claim as CEL has not served a copy of their DQ by the deadline of X, which is now Y days ago. Dont expect the court weill listen, and CEL usually discontinue defended cases regardless
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454354 · Replies: 11 · Views: 296

nosferatu1001
Posted on: Today, 07:57


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Not the reminder. The original Notice to Keeper is the important one.

DO whatever you can to get the retailer to cancel.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454353 · Replies: 5 · Views: 118

nosferatu1001
Posted on: Today, 07:56


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Did you include
Witness Statement
Defence (draft)?
alongside the draft order?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454352 · Replies: 239 · Views: 40,834

nosferatu1001
Posted on: Today, 07:55


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Respond back, pointing out that Councils are banned from operating their land under contract law, and banned from using ANPR.
Remind them they were told this back in 2013

Then tell the DfT...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454351 · Replies: 26 · Views: 722

nosferatu1001
Posted on: Today, 07:53


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Yep, it says certificate of posting, which is what we asked for it to say
Sometimes people just get a receipt and think its the same thing.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454350 · Replies: 28 · Views: 373

nosferatu1001
Posted on: Today, 07:52


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As its gone to Equita they WONT take this to court
Almost certain
Equita is just another Capita company, its all in house.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454349 · Replies: 40 · Views: 1,519

nosferatu1001
Posted on: Today, 07:43


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They just state in the letter above they will do it anyway, as it is "reasonable"
Hence I said give them evidence otherwise, and dare thm to call you a liar.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454346 · Replies: 12 · Views: 225

nosferatu1001
Posted on: Yesterday, 16:35


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Meanign an easy to appeal to POPLA, not rellevant land, cancel the charge. Done.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454201 · Replies: 14 · Views: 285

nosferatu1001
Posted on: Yesterday, 16:34


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State
1) You were nto the driver
2) Here is your duly signed Witness Statement, with a statement of truth, confirming you were not the driver
3) As they now have EVIDENCE you were not the driver, they must stop pursuing you

State that, if they are willing to call you a liar you have further evidence of your location elsewhere, but will not provide this until they formally request it, having called you a liar who woudl commit perfjury (A full WS perjures you if you lie in it). Obviously, if they do that and you prove them wrong, you will sue them for libel.

14 day has no applicbility as they dont use POFA. They even stated they cannot hold the keeper liable - just the driver.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454197 · Replies: 12 · Views: 225

nosferatu1001
Posted on: Yesterday, 16:30


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Exactly!
SO who hired them and made them put PEs equipment on THEIR premises? Are they getting paid rent and utilities for PEs equipment?
Theyre talking rubbish
If youre not speaking with management then do so. Go national if you need to.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454196 · Replies: 19 · Views: 317

nosferatu1001
Posted on: Yesterday, 16:26


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... and that they have NO excuse to continue processing, as the only reason to continue processing now is that the Limitations Act forces them to raise a claim shortly
AS they have X years and Y months before the 6 years is up, there si no excuse that they must continue to process for an urgent reason.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454193 · Replies: 3 · Views: 51

nosferatu1001
Posted on: Yesterday, 16:24


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They have to contact the DVLA in order to comply with POFA.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454192 · Replies: 3 · Views: 56

nosferatu1001
Posted on: Yesterday, 14:39


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Indeed, I would send to the court - to the judge named - and send a copy of this to the claimant
You need to make it celar that they were told on X, Y, Z dates, all before they filed the claim that this was waiting not parking
THey ignored this and filed anyway

  Forum: Private Parking Tickets & Clamping · Post Preview: #1454133 · Replies: 162 · Views: 7,075

nosferatu1001
Posted on: Yesterday, 14:32


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Oh no, not debt colelction. Scary letters with no powers to do anything, I'm trembling...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454125 · Replies: 14 · Views: 285

nosferatu1001
Posted on: Yesterday, 13:26


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Wrong forum. You need the decrim council section
Hit REPORt and ask a mod to move it.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1454101 · Replies: 9 · Views: 100

nosferatu1001
Posted on: Yesterday, 13:04


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You are TELLING THEM TO CANCEL
They hired PE
They have the chance to cancel it, now, before you cancel your membership
THEY are responsible for their agents actions, and if they cannot instruct them to cancel, you require this in writing
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454086 · Replies: 19 · Views: 317

nosferatu1001
Posted on: Yesterday, 13:03


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You will also need to read the COUNCIL tickets section, and get an idea of the information required
YOu are far short of that. You willl need to post (imgur, tinypics, etc) copies of the documents you have receivd AND sent, plus ideally a google street view of the lcoaion.

For the council you shoudl write to their legal department abotu the illegal seizure of your vehcile, including the ORDER from teh TEC, and all dates etc in a short time line

Tell them you require your vehicle back within 3 days
Your costs plus damages for being without your vehicle are X per day
You invite them to make a reaosnable offer for the dmaages for their unlawful act in seziing and removing the car. They have 7 days to make such an offer.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1454085 · Replies: 22 · Views: 295

nosferatu1001
Posted on: Yesterday, 12:57


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Of course you can attach docs there - you jsut break the link having upload the docs to a site such as tinypics or imgur
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454081 · Replies: 3 · Views: 56

nosferatu1001
Posted on: Yesterday, 12:55


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The CPR basically says they can discotninue and, as it is small claims, you dont get any costs

However you can then quote CPR27.14(2)(g) which says that a party behaving unreasonably CAN be liable for costs
They will not accept this, of courwse - they'll just rejcet it - but you can send them a costs claim at £19 per hour and point out
- this started in 2016/17, 2 years or so after they lost a case on exactly this issue
- they knew from the start that your issue was on all fours with the case they lost, and were likely to therefore lose again
- their claim was therefoer vexatious; they knew it had no pros[ect of success, and by disctoninuing so late in the process have clearly only just woken up to the fact you are not going to give into their baseless claim, and you are now trying to save some costs despite having put you to considerabler time, expoense and distress over 2 years

As such you claim the following costs from them
- time at £19 per hour
- printing etc

as this meets the tests in Denton to be considered unreasonable behaviour.

See what others think
A claim for harassment and breach of DPA1998 would be good as well, potentially.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1454078 · Replies: 162 · Views: 7,075

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