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bama
Posted on: Yesterday, 23:49


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The (shoddy IMO) attempt in the byelaws to nail the RK/Owner are in the minds of many ultra vires as the enabling legislation which clearly scopes what the byelaws can address and only allows the byelaws to regulate people 'while on the premises'.
byelaws have a (small) jurisdictional boundary they do no extend across the UK to wherever the RK/Owner may be. PPCs and TOCs seem to be err 'wilfully ignorant' of this. Of course they are not ignorant of it at all. They are operating in the land of torts-a-plenty IMO - and I reckon they know they.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1360861 · Replies: 18 · Views: 485

bama
Posted on: Mon, 5 Feb 2018 - 21:25


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"the summons and all subsequent proceedings shall be void."
This.

If you can't get them to cancel in advance (in writing !) - though they should do so readily - then turn up at court and get your costs
  Forum: Speeding and other Criminal Offences · Post Preview: #1354490 · Replies: 6 · Views: 1,058

bama
Posted on: Mon, 5 Feb 2018 - 21:18


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DVLA request costs them £2.50 (plus a few tens of pennies)
That should tell you what kind of an organisation they are.

The £40 'threat' is probably just to make the panicked and unknowing write back with reams of info that makes the PPC's case for them.

“give me six words from an innocent man, and I'll find enough to hang him”.
Cardinal Richelieu
  Forum: Private Parking Tickets & Clamping · Post Preview: #1354488 · Replies: 6 · Views: 242

bama
Posted on: Mon, 5 Feb 2018 - 21:12


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QUOTE (freddy1 @ Mon, 5 Feb 2018 - 20:50) *
do dfT rules apply on private land ?

RTAs apply to the public roads in the airport


QUOTE (webster1 @ Mon, 5 Feb 2018 - 17:36) *
Hi, I've contacted BMPA and had a reply. At the moment no one has got back to them. however, they have asked me to confirm who was driving and if that information has been made available to the other side? I've not replied yet and am apprehensive about naming the driving, as I've always been told never to name the driver. What do you all suggest here? I need to email all documents over too.

Tell bmpa everything, you hold any facts back and they can bite you in the ar$e should it get as far as court. you can and should tell bmpa everything they want - they are not 'PPCs in disguise' nor 'out to do you'.
As PPCs hang around on here never discuss who was driving on the open forum - or via PM with posters you do have no reason to trust. PPCs have been known to hang out on and via PM to mess people's cases up.
DC has an impressive record in PPC cases and a lot of experience. His paperwork gets compliments from the bench.
As I said previously bmpa and DC are the way to go.
Doubly so as VCS are chancing their arm (and much more besides) with a byelaw case.


  Forum: Private Parking Tickets & Clamping · Post Preview: #1354483 · Replies: 478 · Views: 18,753

bama
Posted on: Mon, 5 Feb 2018 - 10:30


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Isn't there also the matter that the signs require advertising consent and don't have it ?
QUOTE


No, that is irrelevant to the case (albeit a true fact)

BMPA and DC is the way to go.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1354182 · Replies: 478 · Views: 18,753

bama
Posted on: Sat, 3 Feb 2018 - 17:44


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the stop letting them near you......
  Forum: Speeding and other Criminal Offences · Post Preview: #1353739 · Replies: 35 · Views: 2,178

bama
Posted on: Sat, 3 Feb 2018 - 17:40


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QUOTE
Could the judge hearing this case just say, there are red lines,..


you don't know how to shoot that (rubbish) down ? ? ?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1353735 · Replies: 478 · Views: 18,753

bama
Posted on: Sat, 3 Feb 2018 - 17:32


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QUOTE (typefish @ Sat, 3 Feb 2018 - 10:17) *
QUOTE (facade @ Sat, 3 Feb 2018 - 08:48) *
Do people seriously fall for this??

I suppose 1 in 1000 would do nicely.


A colleague's wife did this, except didn't hit enter.

DOB, NI, credit card, bank account, everything.

There were fears that that logging took place on data entry (as opposed to when you hit enter) but so far nothing has been stolen

Stay alert on it, it is a valid fear. javascript can send back your tying in a web page on the fly.
  Forum: The Flame Pit · Post Preview: #1353723 · Replies: 9 · Views: 473

bama
Posted on: Thu, 1 Feb 2018 - 13:41


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QUOTE
Either the data has been 'rewashed' or there was some technical delay.


a bit of both according to what I have heard.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1352929 · Replies: 18 · Views: 473

bama
Posted on: Thu, 1 Feb 2018 - 13:37


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quite some time ago the garage that serviced my vehicle didn't send me the usual MOT reminder. I inadvertently drove for almost a year without one. Did a lot miles and never stopped. Mind you the vehicle was kept ship shape and tickety boo during this period regardless of MOT.
Of course my experience doesn't mean squat in the scheme of things.
  Forum: The Flame Pit · Post Preview: #1352927 · Replies: 35 · Views: 1,484

bama
Posted on: Tue, 30 Jan 2018 - 20:36


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QUOTE
I wish them all the luck in the world applying Beavis v Parking Eye to this.


indeed. A time machine arg from BW, there appears to be no limit to the illogical depths they can sink to.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1352206 · Replies: 8 · Views: 349

bama
Posted on: Tue, 30 Jan 2018 - 19:57


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QUOTE (stamfordman @ Tue, 30 Jan 2018 - 18:20) *
QUOTE (kevin889 @ Tue, 30 Jan 2018 - 18:14) *
Do you know what peter means by the criminal offence?


No - I'm guessing that it may just be the Highway Code - you need to move to the left lane if it's free.

err the Highway Code is NOT law.
the Code itself tells you its applicability and uses.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1352192 · Replies: 58 · Views: 1,132

bama
Posted on: Tue, 30 Jan 2018 - 19:52


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QUOTE (PASTMYBEST @ Tue, 30 Jan 2018 - 17:56) *
QUOTE (Keyser Söze @ Tue, 30 Jan 2018 - 17:45) *
The bus lane penalty notice is based on sect. 144 Transport Act 2000. According to legislation.gov.uk viewable here this section has been repealed. It will not harm you to print section 144 and send it to the council and tribunal asking why was a bus lane penalty notice served using the Transport Act 2000 when the government website says the relevant empowering section has been repealed. I can explain it but putting it to Manchester or the tribunal is a reasonable thing to do.


Best advice I can give is ignore this person they are a TROLL


I believe you are mistaken. I can see nothing in his/her posts that support that conclusion.
I can see plenty of in-depth knowledge in the posts.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1352190 · Replies: 147 · Views: 5,976

bama
Posted on: Tue, 30 Jan 2018 - 19:48


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+1

and welcome to the forum - good to see that level of in depth knowledge

be aware that the normal M.O. on pepipoo is to see if a poster's info/assistance 'holds up'.
aka "the many eyes of pepipoo"
As financial penalties (and sometimes criminal ones) are at stake 'test by fire' is the best way to avoid someone being landed in it when their case gets to tribunal (or court).
Its nothing personal, just a method of reassurance for the posters facing penalties.
  Forum: The Flame Pit · Post Preview: #1352188 · Replies: 16 · Views: 872

bama
Posted on: Mon, 22 Jan 2018 - 18:19


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IME (some) District Councils do some weird a$$ed sh!t.

We assuming that "change of name" means exactly what it says.
It may well be exactly what they are doing - but I would check......
  Forum: The Flame Pit · Post Preview: #1349480 · Replies: 21 · Views: 1,195

bama
Posted on: Mon, 15 Jan 2018 - 22:51


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when this was tried previously didn't the prosecution fail as they could not prove that the drivers being flashed were exceeding the speed limit at the time they were flashed.
  Forum: The Flame Pit · Post Preview: #1347443 · Replies: 16 · Views: 1,149

bama
Posted on: Sat, 6 Jan 2018 - 18:11


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QUOTE
Well, I'd hope not - as GSV doesn't suggest that there are any 38T weight restrictions!

eer, you are putting something GSV doesn't show as being above the byelaws published by the Authority.

thats a logic failure
  Forum: Speeding and other Criminal Offences · Post Preview: #1344612 · Replies: 33 · Views: 3,303

bama
Posted on: Tue, 2 Jan 2018 - 16:10


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these appear to be the current byelaws
http://www.merseytunnels.co.uk/nossl/html/byelaws.pdf
  Forum: Speeding and other Criminal Offences · Post Preview: #1343447 · Replies: 33 · Views: 3,303

bama
Posted on: Sat, 23 Dec 2017 - 18:09


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QUOTE
they will rely on - Elliot vs Loake and CPS Ltd vs AJH Films


oh dear, they put in writing that they will depend on inapplicable tosh.

of course they won't in fact depend on those at all. Cos they won't be going near a civil claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1341972 · Replies: 63 · Views: 4,538

bama
Posted on: Thu, 21 Dec 2017 - 17:19


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QUOTE (ManxRed @ Thu, 21 Dec 2017 - 15:45) *
I could be wrong, but my understanding of advertising consent is that it cannot be applied for 'retrospectively'.


Correct. advertising consent can not be retrospective. planning permission can be retrospective.

but the advertising consent issue is such small beer that is really a non-issue (apart from it putting them in breach of the trade COP and etc - but the BPA, IPA and the DVLA don't give feck one about that)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1341548 · Replies: 47 · Views: 2,192

bama
Posted on: Wed, 20 Dec 2017 - 20:10


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OP is serious.
things are proceeding.
  Forum: The Flame Pit · Post Preview: #1341302 · Replies: 57 · Views: 4,076

bama
Posted on: Tue, 19 Dec 2017 - 20:26


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Ask the legal bod who pointed the OP here, not me.

I suspect the hope of getting some help was part of it.
  Forum: The Flame Pit · Post Preview: #1340971 · Replies: 57 · Views: 4,076

bama
Posted on: Tue, 19 Dec 2017 - 17:02


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the OP doesn't want to lay it all out to public gaze.
can't say I blame him given what he/she has alluded to - user name may be a clue, not that I have more details at the mo'

of course not having the details takes it out the usual 'many eyes of pepipoo' method.
equally we have nothing that shows that the OP doesn't have a good case.
benefit of the doubt and all that.
It takes stones to even seriously consider doing what the OP refers to.
  Forum: The Flame Pit · Post Preview: #1340904 · Replies: 57 · Views: 4,076

bama
Posted on: Tue, 19 Dec 2017 - 13:14


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QUOTE
mid nov 2016

so no chance of a byelaw prosecution
IMO they are trying it on with a letter designed to scare you.
this goes to small claims there will be a huge crowd (from here) turning up, all kinds of help from the great and the good on here (you know who you are) and there is a fighting fund.

but the chances are extremely slim that it will get to that. VCS and the Airport (and the local council) do not want their airport money game exposed.

Do they know who was driving ? Don't tell us who was driving, just whether of not they know.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1340835 · Replies: 47 · Views: 2,192

bama
Posted on: Tue, 19 Dec 2017 - 13:06


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IIRC when suing the police(men) you have to sue the Chief Constable as he carries the burden for the actions of his officers.
But if they are acting outside the law..... ? ? ?

As I am fond of saying "the State does not eat its own"
not unless it really really has to. have the officers done something that would merit the State throwing them under the bus ? It doesn't sound like it.
I think that unless the officers are of sufficient profile to merit therm spending money to defend them then the force would probably settle out of court (provided your case is strong enough).
of course should there be some ego driven big wig in the decision chair on this who knows which way the force will head.

retired guy gave good advice re being careful about the bods involved seeking payback some other way. However to acquiesce is to condone, who knows what they may do to others in future if they get a free pass on this.
  Forum: The Flame Pit · Post Preview: #1340828 · Replies: 57 · Views: 4,076

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