PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

469 Pages V   1 2 3 > » 

ostell
Posted on: Yesterday, 20:18


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


They are also required to invite the keeper to pay so they haven't complied with POFA 9 (2) ( e).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1530006 · Replies: 11 · Views: 160

ostell
Posted on: Yesterday, 20:13


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


So you appeal as the keeper so that the appeal arrives on day 26, just before they can ask the DVLA for details. You hope that they write back without contacting the DVLA or issuing a NTK before day 56. Either is a POFA fail.

Are there signs saying no parking on yellow lines?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1530002 · Replies: 2 · Views: 58

ostell
Posted on: Tue, 12 Nov 2019 - 20:41


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Since it's Smart it's probably ly wrong anyway but could you pist up a redacted copy of the NTK but leave dates.

If you appeal on line then make sure you check dropdowns don't default to the driver and take screen prints as you go.

If by mail then free certificate of posting from a post office
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529687 · Replies: 3 · Views: 71

ostell
Posted on: Tue, 12 Nov 2019 - 17:17


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Even for Smart that is a terrible NTK! The car park is not even defined, they have given a road

There are so many of the required items missing. Should be a doddle at POPLA
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529608 · Replies: 10 · Views: 151

ostell
Posted on: Tue, 12 Nov 2019 - 14:50


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Nope they don't

Save the images on a picture hosting site, such as imgur, and link your picture to here.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529529 · Replies: 1 · Views: 34

ostell
Posted on: Tue, 12 Nov 2019 - 08:55


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


If they are operating on a public highway without authority then TS should take action. Get the info from the council ass soon as possible then decide which way to go.


  Forum: Private Parking Tickets & Clamping · Post Preview: #1529416 · Replies: 18 · Views: 280

ostell
Posted on: Mon, 11 Nov 2019 - 22:43


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


But there were signs on the wall!!!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529372 · Replies: 13 · Views: 160

ostell
Posted on: Mon, 11 Nov 2019 - 22:18


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


So lets see the first letters received, suitably redacted but leave dates.

For permit holders only signs:

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529365 · Replies: 13 · Views: 160

ostell
Posted on: Mon, 11 Nov 2019 - 22:15


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Streetview didn't work. It wasn't clever to park across the entrance but yes you could be on council land. Check the councils web pages, most have a list of adopted roads. If it is adopted then you have a chance to fight this. Also contact trading standards and get them to follow up.

As for those prohibiting signs:

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

Oh, and don't identify the driver, you must have read this on the other threads you read.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529363 · Replies: 18 · Views: 280

ostell
Posted on: Mon, 11 Nov 2019 - 14:53


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


You put in as many valid points as you can
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529224 · Replies: 20 · Views: 391

ostell
Posted on: Mon, 11 Nov 2019 - 13:28


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


One of the Zenith letters that was posted up recently didn't have the text at the bottom identifying DRP. It's on their web page though
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529195 · Replies: 11 · Views: 802

ostell
Posted on: Mon, 11 Nov 2019 - 13:24


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Check the lease conditions. Do they allow for a charge or payment to be made for an invoice or does it just mention penalties or fines?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529192 · Replies: 7 · Views: 99

ostell
Posted on: Mon, 11 Nov 2019 - 09:28


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


So if CPM have not yet sent a Notice to hirer/keeper in your name then wait till you get one. I presume the copy you have got was forwarded to you by the lease company?

When you do respond to the NTH addressed to you then send it so that it arrives on day 19 after the date on the NTH. This is so that it arrives in time but not soon enough so that they can send a compliant version.

Yes you can send online but you will be restricted to the format of the web page. Make sure you appeal as the keeper and beware the drop downs that default to the driver and take screenshots as you go.

Never recorded (signed for these days) as it can be refused and all you get is proof of non delivery. Certificate of posting and it assumed delivered 2 working days later.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529101 · Replies: 7 · Views: 99

ostell
Posted on: Mon, 11 Nov 2019 - 08:15


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Your posts are hinting about who a possible driver is, please amend,

Can you answer the questions that have been asked please, not what you think the question was.

Post up the Notice to Keeper, suitably redacted but leave dates.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529085 · Replies: 10 · Views: 151

ostell
Posted on: Mon, 11 Nov 2019 - 08:07


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


You must edit your post so that the identity of the driver cannot be inferred. Use "the driver......."etc. This is very important.

To be able to claim from the hirer/keeper they have to also send copies of the hire documents AND the original NTK to the hirer. Most don't.

If the documents are not there then this is the response:

Ref PCN xxxxx VRM yyyyyy

I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper..

There is no legal requirement to identify the driver at the time and I will not be doing so.

Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct.

Yours etc.


First class post with free certificate of posting from a post office.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1529083 · Replies: 7 · Views: 99

ostell
Posted on: Mon, 11 Nov 2019 - 07:59


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


For the sign consider this text that I saved:


The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1529082 · Replies: 15 · Views: 318

ostell
Posted on: Sun, 10 Nov 2019 - 18:22


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


That should do the trick. Met might even cancel by their own volition but POPLA should cancel
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528978 · Replies: 10 · Views: 227

ostell
Posted on: Sat, 9 Nov 2019 - 22:54


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


You've confused that. It is the warning to keeper, 9 (2) (f) not the invitation.

You have also failure to deliver within 14 days, 9 (4). The notice was sent 1st November, a Friday so assumed delivered 2 WORKING days later, Tuesday 5th November. Definitely more than 14 days from the 19th October.

Combine the two.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528843 · Replies: 10 · Views: 227

ostell
Posted on: Sat, 9 Nov 2019 - 15:10


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Why have you put in WP Save as to Costs ? You have not made an offer and you will now not be a le to show thus to the court
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528738 · Replies: 13 · Views: 3,204

ostell
Posted on: Sat, 9 Nov 2019 - 13:38


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


QUOTE
1) The vehicle in question was a lease car. As the PCN was not displayed on the vehicle at the time of the alleged offence, when should the notice to keeper have been received by, via post?

Without a windscreen ticket the notice to the hire company has to be received, as normal, within 14 days. After that the notice to hirer/keeper can be be quite a long time as it depends on how long the hire company take to respond. So that's 14 + 28 + 21 at least is the possible max
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528714 · Replies: 4 · Views: 91

ostell
Posted on: Sat, 9 Nov 2019 - 13:29


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


The number of days between event and issue can be important

Send as is. They should know POFA. First class with free certificate of pisting from a post office.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528711 · Replies: 10 · Views: 201

ostell
Posted on: Sat, 9 Nov 2019 - 10:42


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


With the PCN did you also receive copies of the lease agreement and a copy of the original PCN?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528674 · Replies: 4 · Views: 91

ostell
Posted on: Sat, 9 Nov 2019 - 10:34


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


You have hijacked someone else's thread that was over 3 years old. Please start your own thread, as per the rules.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528669 · Replies: 23 · Views: 1,765

ostell
Posted on: Sat, 9 Nov 2019 - 10:29


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Perhaps this ?

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


You've deleted the dates, it's usually handy to see them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528668 · Replies: 10 · Views: 201

ostell
Posted on: Sat, 9 Nov 2019 - 10:18


Member


Group: Members
Posts: 11,802
Joined: 8 Mar 2013
Member No.: 60,457


Must read thread before commenting !!!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1528665 · Replies: 16 · Views: 269

469 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Thursday, 14th November 2019 - 03:16
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.