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Jlc
Posted on: Yesterday, 21:45


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There's a minimum of 10 minutes exit grace - the times above are within this even with the most pessimistic timing.

That's why I think something else is the reason behind it...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1359233 · Replies: 12 · Views: 124

Jlc
Posted on: Yesterday, 21:20


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The terms of purchasing a ticket states that a parking space is not guaranteed. 'Loss' is not a consideration, more so with a byelaw offence. (Other cars not having notices doesn't matter)

As they've stated it's a byelaw matter then there's 6 months to start a criminal prosecution. Usual advice is to stretch it past this date.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1359217 · Replies: 6 · Views: 49

Jlc
Posted on: Yesterday, 20:37


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I don’t think grace is the 'issue' here. It's more likely they haven't matched your payment to the car.

This would either be some malfunction or the wrong vrm entered. (Is there any O's or Zero's in it?)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1359197 · Replies: 12 · Views: 124

Jlc
Posted on: Yesterday, 20:33


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Doesn’t really matter - only a court claim actually matters.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1359195 · Replies: 45 · Views: 950

Jlc
Posted on: Yesterday, 18:36


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It was 101 in This thread. Been caught twice?
  Forum: Speeding and other Criminal Offences · Post Preview: #1359169 · Replies: 38 · Views: 1,876

Jlc
Posted on: Yesterday, 14:15


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They do not intend to go to a hearing. They only attend if you counterclaim.

If you want shot of it then simply follow the court process of defending and they will discontinue.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1359116 · Replies: 3 · Views: 65

Jlc
Posted on: Sat, 17 Feb 2018 - 20:49


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Not out of time but they cannot pursue the keeper, only the driver.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358974 · Replies: 8 · Views: 113

Jlc
Posted on: Sat, 17 Feb 2018 - 19:20


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That's annoying indeed but a sympathetic bench will be hard to find. More annoying will be the loading that insurers will put on the premium.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358947 · Replies: 17 · Views: 803

Jlc
Posted on: Sat, 17 Feb 2018 - 15:03


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That is a HADECS3 shot but they haven't supplied the auxiliary shot (if there is one).

See here for the full set example.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358877 · Replies: 20 · Views: 787

Jlc
Posted on: Sat, 17 Feb 2018 - 15:00


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Yup, the fixed penalty will be £300, 6 points - the endorsement code is IN10. The other code is an internal one.

The onus is on the defendant to show they were insured, not for the Police to show they were not. Unless the insurer is prepared to provide cover then it's difficult.

The matter can be taken to court and they only real option is to plead guilty and ask them to consider 'special reasons not to endorse' on the basis that you have a genuine misapprehension that you were insured. 'Poor' communication by the insurer might help but ultimately the policyholder has a responsibility to ensure the cover is renewed, automatic or not.

I don't see why a '3rd party payment card' should make any difference mind - if it was good enough last year surely it's good enough this year!!! One could pursue a complaint on this basis and push it as far as possible.

QUOTE (baklava @ Sat, 17 Feb 2018 - 14:45) *
...but on checking our emails, we found that it has indeed lapsed.

Elaborate on this - did you simply not read them in time?
  Forum: Speeding and other Criminal Offences · Post Preview: #1358874 · Replies: 17 · Views: 803

Jlc
Posted on: Sat, 17 Feb 2018 - 12:54


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QUOTE (paulfoel @ Sat, 17 Feb 2018 - 12:35) *
But then that would be a bit unfair because it was sent to me regular post and I'd be posting it back regular post. Rate maybe but there are two chances for it to get lost.
I'd be unhappy if that genuinely happened to me.

You have a right to take the matter to court. They've even thought about situations like this and can sentence at fixed penalty rates. However, you do not have a right to a course and the court cannot issue one.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358804 · Replies: 15 · Views: 443

Jlc
Posted on: Sat, 17 Feb 2018 - 08:43


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QUOTE (Cleggy1230 @ Sat, 17 Feb 2018 - 08:23) *
I have been copied into the email addressed to the court. From what you say the court will then hopefully issue conformation themselves...

Aha! The crucial bit.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358744 · Replies: 27 · Views: 979

Jlc
Posted on: Fri, 16 Feb 2018 - 22:13


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There are many angles to attack but I fear we wouldn’t get the result we'd like.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358716 · Replies: 45 · Views: 2,970

Jlc
Posted on: Fri, 16 Feb 2018 - 21:25


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Yes, but how does the court know? (You need confirmation they've issued the discontinuance to the court, not to you)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358702 · Replies: 27 · Views: 979

Jlc
Posted on: Fri, 16 Feb 2018 - 21:22


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QUOTE (freddy1 @ Fri, 16 Feb 2018 - 21:16) *
this is a case of trespassing (not parking) , ie doing things not allowed by the notice boards etc , as such it should be JLA bringing this charge NOT VCS

But it is being bought as contractual?

I agree there's arguments about trespass and 'parking' but like Crutchley there's a chance they'll be creative and dodge the issue - anything to avoid 'carmageddon' in the wider context.

QUOTE
Accordingly, I have come to the conclusion that there is sufficient clarity, and that it
is unnecessary to arrive at a definition of parking, which seeks to distinguish it from
stopping. By bringing his car to a halt to collect his son, in my judgment there was an
identifiable breach of the contractual licence entitling the Claimant to raise this charge, and it
is unnecessary to delve any further into the definition. Plainly the parking charge notice is
designed to cover a number of different scenarios, and in my judgment there is little doubt
precisely what it is and that the Claimant was seeking to enforce payment for.


...of course another Judge can form a different view but it's persuasive.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358700 · Replies: 45 · Views: 2,970

Jlc
Posted on: Fri, 16 Feb 2018 - 21:10


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If the driver has been named then PoFA is irrelevant regardless of the status of the land.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358696 · Replies: 45 · Views: 2,970

Jlc
Posted on: Fri, 16 Feb 2018 - 21:09


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You need confirmation from the court really.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358694 · Replies: 27 · Views: 979

Jlc
Posted on: Fri, 16 Feb 2018 - 18:47


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QUOTE (freddy1 @ Fri, 16 Feb 2018 - 18:37) *
if they win , they loose

True but if they win they 'lose' one case but many others will fold.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358658 · Replies: 471 · Views: 17,778

Jlc
Posted on: Fri, 16 Feb 2018 - 18:46


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QUOTE (peterguk @ Fri, 16 Feb 2018 - 18:20) *
QUOTE (Jlc @ Fri, 16 Feb 2018 - 15:32) *
squashed.


Is that like quashed but a bit flatter? biggrin.gif

Ha! A bit juicy... tongue.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #1358657 · Replies: 14 · Views: 523

Jlc
Posted on: Fri, 16 Feb 2018 - 16:23


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QUOTE (JK1993 @ Fri, 16 Feb 2018 - 15:44) *
I'll very disappointed if the verdict is anything more than this given the circumstances.

That is the best outcome indeed but not assured yet.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358620 · Replies: 14 · Views: 523

Jlc
Posted on: Fri, 16 Feb 2018 - 15:56


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QUOTE (ollie-ollie @ Fri, 16 Feb 2018 - 15:08) *
I decided not to appeal after reading some of the forums and the advice from many to ignore the tickets vs appeal based on the grounds and advice that the parking warden was trespassing on the land that we are renting from our landlord.

Ignoring is generally not a good idea today - especially if court proceedings are possible. Even more so when you potentially have a very good argument.

QUOTE (ollie-ollie @ Fri, 16 Feb 2018 - 15:08) *
Things have now escalated and we are receiving solicitor letters from Gladstones looking to reclaim the increased amount in both cases. I feel very strongly that this is an innocent mistake and that ultimately we have parked within our allocated space, space allocated to our landholder by the freeholder and our being penalised for doing so. What are the chances of them taking the case to court and winning?

Which parking company is this? Small claims can be a lottery but steer clear of 'innocent mistakes', Private Parking companies don't care. If the lease is clear and unambiguous then you potentially have a good chance.

QUOTE (ollie-ollie @ Fri, 16 Feb 2018 - 15:08) *
I have searched through plenty of threads and not found a case as yet like mine.

Really? Residential parking aplenty.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358598 · Replies: 2 · Views: 139

Jlc
Posted on: Fri, 16 Feb 2018 - 15:32


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QUOTE (JK1993 @ Fri, 16 Feb 2018 - 15:25) *
Thank you, silly question but if they drop the S172, does that mean they'll remove the charge of £811 and only fine me £100 (for example) for speeding

You've been convicted without your knowledge. The SD removes this conviction and takes it back to the start of the prosecution. The endorsement and fine are essentially squashed.

The prosecution starts will a clean slate.

Hopefully, you will have been dual charged and have the ('easy') opportunity to plea bargain and be convicted of the speeding. It will either be at normal court rates or they will agree a fixed penalty equivalent.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358586 · Replies: 14 · Views: 523

Jlc
Posted on: Fri, 16 Feb 2018 - 14:08


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QUOTE (Redivi @ Fri, 16 Feb 2018 - 12:44) *
Very naughty phrase "We understand you to be the driver"

Not that NCP go to court (currently) but they could argue that the keeper didn't deny this and/or provide the details. Balance of probabilities and all that...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358557 · Replies: 16 · Views: 245

Jlc
Posted on: Fri, 16 Feb 2018 - 13:59


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QUOTE (JK1993 @ Fri, 16 Feb 2018 - 13:26) *
If I plead not guilty to the MS90, will I then have this penalty reimbursed back to me? How does that work?

The SD removes the conviction (points/fine etc.) - then the matter progresses as normal. You will be owed a refund if you've paid anything so far.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358549 · Replies: 14 · Views: 523

Jlc
Posted on: Fri, 16 Feb 2018 - 13:58


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How courts deal with this situation does vary a bit. Some are quite happy to assist in the 'plea bargain' approach when performing the SD - but you will be asked to submit a plea straightaway which seems perverse as you did not receive anything to decide. If in doubt, plead not guilty - you can always defend or change your plea. (Pleading guilty will go straight to sentencing - the key is that you do not plead guilty to the speeding until the s172 is dropped.

If the speeding was originally pursued (along with the s172 - failing to furnish) then it's usually much easier to avoid the harsher offence.

Additionally, they may consider a sentence with a fixed penalty equivalent and no costs order - but you may well need to ask for them to consider this.
  Forum: Speeding and other Criminal Offences · Post Preview: #1358547 · Replies: 14 · Views: 523

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