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Parking Charge Notice –Wembley
Frazzled
post Tue, 19 Jun 2018 - 23:15
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[Edited]

Hi all,

I think I've read all the stickies/'how to' posts but please flag up anything I've missed.

I am not the RK of this vehicle. The signage around this road is very confusing and the driver thought they were parking on a road with no yellow line. Several other cars where also parked. The driver doesn't understand the reason for the ticket – Reason One: aren't all roads access roads of one type or another!? Reason Two: there aren't any marked bays along that stretch of road. The RK is elderly and is now very worried and wants to pay up. Can't let her do this without getting some advice from you all first so please help!










Thanks,
Frazzled

This post has been edited by Frazzled: Thu, 21 Jun 2018 - 10:34
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post Tue, 19 Jun 2018 - 23:15
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ostell
post Sat, 5 Sep 2020 - 19:04
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You won't have to pay full costs unless you have behave unreasonably

So argue against VCS v idle if you think it not correct

So argue that the signage ie double yellows on one side and not the other is misleading.

To save having to look back did they comply with POFA

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Frazzled
post Sun, 6 Sep 2020 - 00:48
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Thanks for the response Ostell, I'm grateful for your feedback. We definitely won't be acting unreasonably.

No, to my understanding they have not complied with PoFA. I found some info on another website that broke down what should appear on a NtK (CPM call it a Formal Demand) and there are several things missing. And neither of the photos that appear on the Formal Demand show the NtD attached to the windscreen. Not sure if that's relevant but just mentioning it.

In their WS, they've supplied a Parking Enforcement Contractual Agreement document that shows enforcement is for car parks A and B and it doesn't state access roads. I think this is an important omission but what do you think?

The charge on the Formal Demand jumps from £100 to £149 and when the first DRP letter arrived, the charge has gone up again to £160 with no mention of the reason.

I've also noticed that the name that appeared on the their WS is different to the one on the supplemental WS. Does this matter?
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ostell
post Sun, 6 Sep 2020 - 12:01
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You could mention the different names on the WS as difficult for both to be a witness

I never saw the Notice to keeper so can't comment if they complied with POFA. Would be para 8. If the NTK is not correct then they can't hold the keeper liable.

The keeper cannot be liable for more than the original NTK. It's in POFA

The details on the NTK have to agree with the details on the NTD

If you haven't seen it a.ready POFA is : https://www.legislation.gov.uk/ukpga/2012/9...edule/4/enacted

This post has been edited by ostell: Sun, 6 Sep 2020 - 12:03
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Frazzled
post Sun, 6 Sep 2020 - 23:57
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Thanks Ostell, I've made a note of the points you raise.

We already have a copy of PoFA but thanks for the link. The details on NTK and NTD do not match so I'll make a list of the differences.

Think we'll be able to use VCS v Idle/Ward that they cite to support our defence and highlight the differences between the cases.

I just hope we'll actually get a chance to speak and defend our position and it isn't all over in 5 minutes!

Will come back if I have any questions. Thanks again for your help.
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Frazzled
post Tue, 8 Sep 2020 - 00:07
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QUOTE (ostell @ Sun, 6 Sep 2020 - 13:01) *
I never saw the Notice to keeper so can't comment if they complied with POFA. Would be para 8. If the NTK is not correct then they can't hold the keeper liable.
If I posted this, would you mind taking a look? I don't mean to impose and feel free to say no you don't have time or it's not relevant. Don't worry about this as I don't want to waste your time.

The details on the NTK have to agree with the details on the NTD
How can I reference this? How do you know that? Sorry if that's a stupid question. I don't feel confident enough to say that without being able to back it up.


Another question I have is about contracts:

In their WS, they've supplied a Parking Enforcement Contractual Agreement document that shows enforcement is for car parks A and B and it doesn't state access roads. Therefore it becomes an issue for tresspass and one for the landowner. I think this is an important omission but what do you think?

Also, the restrictions stated in that agreement are not reflected by the current signage. Does this invalidate that contract or part of it if the terms are different?

This post has been edited by Frazzled: Tue, 8 Sep 2020 - 11:07
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Frazzled
post Tue, 8 Sep 2020 - 20:03
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Really sorry for bumping this but any feedback about:

a) hot to reference the NTD and NTK and the fact that they have to be the same, and

b) the differences in the contract?
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ostell
post Tue, 8 Sep 2020 - 20:20
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Yes, if they are operating on land that is not in the contract then it is highly relevant

8 (2) © is the relevant bit
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Frazzled
post Tue, 8 Sep 2020 - 21:51
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Excellent. And I'd assume that if the terms are also different, that's highly relevant too?

If I get the opportunity, I think I'll lead with this issue. Thanks for your help Ostell.

This post has been edited by Frazzled: Tue, 8 Sep 2020 - 23:29
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Frazzled
post Tue, 22 Sep 2020 - 16:15
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Hello,

Just wanted to come on and give you all an update. We're still a bit stunned to be honest but the claim was dismissed – we won!!

We were ready for action: all the documents were spread out on the ironing table for easy reference, notes were ready etc and we didn't need any of it. The usher called and informed us of the Judge's decision. However, he did say that the Claimant has a right to appeal and now the RK is concerned that it's still not over. Does anyone know if it is likely that they will appeal?

He also said we'd receive an order but that hasn't arrived yet and I'm assuming it will give reasons as to why the claim was dismissed – is that right?

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Tixy
post Wed, 1 Dec 2021 - 14:47
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Hello, i'm new to the forum and I would like some help. I am replying to this thread as it is the same place I got a parking ticket.
I hope this isnt against forum rules and if so please could you let me know.
The car was parked in exactly the same place - on the side of the atlip road without any yellow line. I am the RK of the car. someone else was the driver. the signage is the same as the photos on this thread
I decided to ignore all the letters (bad advice by friends?)
and now i have a claim form, county court business centre, claimant is UK car park management Ltd
i have acknowledged this online so have a few days to decide what to do i think
i have been emailing solicitors for help but had no luck
calling around solicitors and cannot find anyone who is willing to take this on (got their numbers from law society)
one solicitor who did manage to speak to me on the phone (the only one) said just pay it as its not worth it. maybe thats why solicitors arent wanting the case
the amount on the claim form is just shy of £300 and i think its very unfair (£100 pcn, £70 ocntractual costs, interest and court fees £35)
i wanted some friendly advice please. apologies if anything wasnt clear.
thanks
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DWMB2
post Wed, 1 Dec 2021 - 15:00
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QUOTE (Fredd @ Sat, 9 Jul 2016 - 15:51) *
1. We operate a "one case, one thread" rule. This means that you should keep any posts relating to one case (one incident of speeding, one PCN, etc) to a single thread. Do not start multiple topics on the same case.
2. Do not hijack another person's thread in order to post your own problem. Start your own.

Please start your own thread for your issue.

This post has been edited by DWMB2: Wed, 1 Dec 2021 - 15:01


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Sheffield Dave
post Wed, 1 Dec 2021 - 15:07
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It is against forum rules! Please start you own thread - otherwise the differing details of two cases quickly become hopelessly intermixed and confused.
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Tixy
post Wed, 1 Dec 2021 - 15:38
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i am so sorry i will
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