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Jlc
Posted on: Yesterday, 17:30


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Only the location and time is required. The direction is not.

Unless you could convince a court you were misled then it's not going to help you.

I suspect it was a mobile unit facing Northwards but pinging cars in both directions.
  Forum: Speeding and other Criminal Offences · Post Preview: #1522524 · Replies: 2 · Views: 216

Jlc
Posted on: Mon, 14 Oct 2019 - 20:46


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You won't get a course.

If 70 limit, then 92 is likely 4 points, fine around 66% weekly relevant income, costs of £85 and surcharge of 10% of the fine (min £30).

QUOTE (CCT99 @ Mon, 14 Oct 2019 - 21:12) *
I was told that on the day of Stat Dec.. if I plead guilty of the speeding offence then sometimes the Court tends to give verdict then and there!!

Usual advice is not to plead guilty to the speeding until they agree to drop the s172 failing to furnish. Although some courts seem quite happy to process the dropping the s172 as 'routine'.
  Forum: Speeding and other Criminal Offences · Post Preview: #1522361 · Replies: 6 · Views: 654

Jlc
Posted on: Mon, 14 Oct 2019 - 19:29


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QUOTE (Umkomaas @ Mon, 14 Oct 2019 - 20:26) *
2. Fails to meet the BPA Code of Practice - £50 is not a (minimum of) 40% discount on £75

Good spot!!! Should be £45 at most... But £0 is much better laugh.gif

That might cost them a few quid to fix the signs (here) - expect sticky overlay...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522347 · Replies: 22 · Views: 323

Jlc
Posted on: Mon, 14 Oct 2019 - 19:22


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It's a PARKING charge notice, not a penalty notice.

POPLA will be available if they reject.

Just send the appeal in post #6.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522342 · Replies: 22 · Views: 323

Jlc
Posted on: Mon, 14 Oct 2019 - 18:55


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QUOTE (Dubsox @ Mon, 14 Oct 2019 - 19:53) *
Are you saying they must get the SJ out within 6 months of the original offence? And if they don’t the whole thing goes away? If so surely everyone would (intentionally) push the limits and improve their chances! Although I won’t hold my breath. I did the crime and deserve the punishment, I just didn’t need the heart attack of being in court!

They have commence proceedings within 6 months of the alleged offence - you may receive any paperwork later than that. They rarely simply 'forget' to prosecute.

Yes, 'timeouts' can occur but are fairly rare nowadays as the SCP will send to court instead of issuing a CoFP that would exceed 6 months.
  Forum: Speeding and other Criminal Offences · Post Preview: #1522333 · Replies: 18 · Views: 698

Jlc
Posted on: Mon, 14 Oct 2019 - 17:53


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QUOTE (Dubsox @ Mon, 14 Oct 2019 - 18:42) *
When the SJ comes through will it be a form I just fill out and then add a supplementary letter explaining the oversight?

There's space to respond - post what you propose to say here first.

QUOTE (Dubsox @ Mon, 14 Oct 2019 - 18:42) *
At that point do I declare my earnings?

When the SJPN arrives they will ask for these details.

QUOTE (Dubsox @ Mon, 14 Oct 2019 - 18:42) *
Do people tend to take legal advice in these matters or just DIY?

For a guilty plea there's probably no need...

QUOTE (Dubsox @ Mon, 14 Oct 2019 - 18:42) *
To be honest the outcomes suggested don’t sound too bad, I don’t have a huge income personally anyway.

There's a minimum figure of £120/week. (Or they will use £440/week if not supplied)
  Forum: Speeding and other Criminal Offences · Post Preview: #1522315 · Replies: 18 · Views: 698

Jlc
Posted on: Mon, 14 Oct 2019 - 17:49


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QUOTE (bhs3 @ Mon, 14 Oct 2019 - 18:41) *
I have been told by a local that the blue badge would not have been taken into consideration in the parking restriction, the signs are now down so I cannot check them.

Concessions on private land are now rare for BB holders.

However, they are not immune to the Equality Act where they have to make reasonable adjustments. This would amount to dedicated bays and signs at a lower level for example and possibly a bit more time due to reduced mobility.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522314 · Replies: 4 · Views: 79

Jlc
Posted on: Mon, 14 Oct 2019 - 17:43


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Of course it's wrong - they'll say all sorts of things to try and get you to pay.

Defend it robustly. It's outrageous they are using their own inaction (updating GMT/BST) as a reason to pursue you!

This is where their appeals process should recognise THEIR error and cancel the PCN and offer you an apology.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522312 · Replies: 1 · Views: 69

Jlc
Posted on: Mon, 14 Oct 2019 - 17:40


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QUOTE (phey708 @ Sun, 13 Oct 2019 - 18:01) *
The operator has failed to adhere to the conditions outlined under POFA 2012 and therefore breaches the documented legislation.

They are not breaching it. Simply not able to utilise it.

QUOTE (phey708 @ Sun, 13 Oct 2019 - 18:01) *
I require ParkingEye to demonstrate their legal ownership of the land to POPLA.

Not ownership, but that the landholder has granted them sufficient interest in the land (to issue and enforce parking contracts).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522309 · Replies: 10 · Views: 422

Jlc
Posted on: Mon, 14 Oct 2019 - 17:36


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QUOTE (Goneroaming @ Mon, 14 Oct 2019 - 18:26) *
Has anyone experience of losing at IAS and the IAS only allowing the lower charge to be levied?

Thousands to their cost! You will lose and the reduced charge will be lost.

These matters are only dealt with at court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522307 · Replies: 14 · Views: 528

Jlc
Posted on: Mon, 14 Oct 2019 - 17:06


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QUOTE (cdv85 @ Mon, 14 Oct 2019 - 17:41) *
May as well just pay the ******* thing. Cant find any information. How the **** do people get fined for doing their job

You have a winning appeal in post #6.

If it's a parking charge notice (instead of penalty) then it's being pursued as a civil charge. The byelaws would exclude it from being 'Relevant land' so keeper liability cannot accrue.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522296 · Replies: 22 · Views: 323

Jlc
Posted on: Mon, 14 Oct 2019 - 16:27


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Indeed, this will all be dealt with by post...

It's a Band A fine so fine (for a guilty plea) of 33% of weekly earnings, costs of £85 and surcharge of 10% of the fine (min £30). It's still only 3 points.

You could ask for them to consider a fixed penalty equivalent sentence because it was an administrative issue unconnected with the offence itself - but that's an extremely long shot given you simply 'forgot'.
  Forum: Speeding and other Criminal Offences · Post Preview: #1522287 · Replies: 18 · Views: 698

Jlc
Posted on: Mon, 14 Oct 2019 - 16:00


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Parking or Penalty Charge?

QUOTE (toddytwos @ Mon, 14 Oct 2019 - 16:27) *
what are my chances of appealing it?

Next to none I'm afraid.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522282 · Replies: 4 · Views: 179

Jlc
Posted on: Mon, 14 Oct 2019 - 15:16


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The mediator is trying to keep the case out of court. They may well say that parking charges are enforceable and you'll struggle.

If you want to settle then have a realistic figure in mind and stick to it.

Making an offer to settle doesn't prejudice your case but as long as you are reasonable you won't be hit by large costs.

QUOTE (Dave65 @ Mon, 14 Oct 2019 - 15:54) *
Can you clarify, in some recent posts it said that only the £100 PPN could be claimed in CC.

PoFA stipulates the maximum amount recoverable is that on the NtK.

Of course, fixed court costs are allowed - i.e. issue fee, solicitors and hearing fee. Statutory interest is allowed too.

Many PPC's love adding extra 'costs', if labelled legal charges then that should not be allowed (we have seen some judges strike out such claims as abuse of process). Alternatively, the signs may mention a 'debt collection charge' - sometimes can be struck down due to uncertainty (and is incompatible with PoFA). But the BPA and IPC are ok with such charges and even mention in their CoP's - but it's up to a Judge to decide if they are truly owed.

...but doesn't stop them trying! (Indeed given the vast majority simply pay up then it's very profitable indeed - ironically, more so that simply paying the initial reduced charge!)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522271 · Replies: 27 · Views: 489

Jlc
Posted on: Mon, 14 Oct 2019 - 13:20


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I should have pointed out that it could be considered 'unreasonable behaviour' and could open one up to costs (even at small claims).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522235 · Replies: 27 · Views: 489

Jlc
Posted on: Mon, 14 Oct 2019 - 13:17


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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 notice of keeper liability as prescribed by section 9 (2) (f) 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



QUOTE (mvrlondon @ Mon, 14 Oct 2019 - 14:09) *
I do not recall receiving a first notice.

Might be worth stating this in the above if the letter does not invite an appeal.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522231 · Replies: 1 · Views: 43

Jlc
Posted on: Mon, 14 Oct 2019 - 13:13


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QUOTE (endorfin @ Mon, 14 Oct 2019 - 14:03) *
Time is running out on for the discount period, any advise how to respond. Can I refuse to acknowledge who the driver was.

Appeal, covered above.

Of course you can refuse to name the driver - but they can pursue the keeper.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522230 · Replies: 10 · Views: 186

Jlc
Posted on: Mon, 14 Oct 2019 - 12:35


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Subject Access Request (under Data Protection Act).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522212 · Replies: 11 · Views: 263

Jlc
Posted on: Mon, 14 Oct 2019 - 12:17


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Many PPC's claim that they will continue to pursue the keeper if the driver denies or doesn't respond.

Personally, that should fail if the nomination is correct. If they want to sue someone then the driver is best...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522205 · Replies: 11 · Views: 263

Jlc
Posted on: Mon, 14 Oct 2019 - 12:04


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No sniggering at the back, but the court will consider the parking company a legitimate operation following the respective Code of Practice.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522200 · Replies: 27 · Views: 489

Jlc
Posted on: Mon, 14 Oct 2019 - 12:03


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QUOTE (smallmind @ Mon, 14 Oct 2019 - 12:34) *
Thank you. I was concerned because other posts did not have failure to validate.

Doesn't matter - there's no liability whatever the alleged 'deviation' was!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522198 · Replies: 7 · Views: 125

Jlc
Posted on: Mon, 14 Oct 2019 - 12:01


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The s59 gives an indication of how the car may be driven to attract such attention.

I would consider how you are controlling the keys unless you want further attention.
  Forum: Speeding and other Criminal Offences · Post Preview: #1522197 · Replies: 11 · Views: 1,096

Jlc
Posted on: Mon, 14 Oct 2019 - 11:19


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QUOTE (cdv85 @ Mon, 14 Oct 2019 - 12:17) *
They have an online appeals process would it make any difference to do it that way?

As long as it doesn't force you to answer on the driver.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522178 · Replies: 22 · Views: 323

Jlc
Posted on: Mon, 14 Oct 2019 - 11:18


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2Mb limit - better to host externally. But:

Dear Sirs,

I have just received your Parking Charge Notice 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 notice of keeper liability as prescribed by section 9 (2) (f) 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
  Forum: Private Parking Tickets & Clamping · Post Preview: #1522177 · Replies: 7 · Views: 125

Jlc
Posted on: Mon, 14 Oct 2019 - 11:16


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QUOTE (mackers @ Mon, 14 Oct 2019 - 12:06) *
so it's now been more than three years since the alleged bit of parking.

shall I continue to ignore until actual court date is set or shall I do something else?

It claims to follow PAP for debt claims but then actually doesn't! (No reply form etc. - unless there's more?)

  Forum: Private Parking Tickets & Clamping · Post Preview: #1522175 · Replies: 5 · Views: 110

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