Posted on: Thu, 15 Nov 2018 - 13:13 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
For a contested set aside you pay a fee of £255, you also need a valid reason for not receiving the original claim and a defence which has a good chance of succeeding. Your potential defence would be bolstered by a containing a letter from the principle (gym) saying they do not want the defendant to be pursued. This resets the clock, the CCJ is cleared and PE then have to resubmit the claim, knowing the letter from the principle exists will make them think twice as they would normally discontinue when faced with the letter after raising a claim. So you need the order from the set aside to make PE liable for the £255 if they do not raise a replacement claim or discontinue before a hearing. The other option is an uncontested set aside, you pay the judgement £ to PE and £100 extra, they then apply for an uncontested set aside and the CCJ is cleared but no chance of getting any monies back. PS its not a fine but a speculative invoice enforced using contract law. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1434358 · Replies: 5 · Views: 690 |
Posted on: Tue, 13 Nov 2018 - 12:16 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
Done for you, I hit the report button and asked for it to be moved. |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1433709 · Replies: 12 · Views: 760 |
Posted on: Tue, 13 Nov 2018 - 10:39 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
To be able to hold the hirer/keeper liable for the charge the PPC needs to have included the hire agreement, so only the driver who is unknown is liable. The hire agreement was supposed to be sent by the leaser but the leasing body and the BPA agreed it was not needed so hire/lease cars are easy to not pay provided the driver is not identified. The hirer/keeper appeals at a time so the PPC cannot realise the mistake and correct their error (others will post the timing details as I can't remember or read POFA 2012), the appeal will be rejected but with the rejection will be a POPLA code where the second appeal will be successful. Appeal each one separately. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1433677 · Replies: 5 · Views: 527 |
Posted on: Tue, 13 Nov 2018 - 09:54 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
As a leased car was the lease agreement included with the NTK. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1433666 · Replies: 5 · Views: 527 |
Posted on: Mon, 12 Nov 2018 - 16:12 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
This link is already further up the thread twice and has the Nos 6 point draft. http://forums.pepipoo.com/index.php?showtopic=124004 It is also still on the front page. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1433387 · Replies: 11 · Views: 1,013 |
Posted on: Mon, 12 Nov 2018 - 12:27 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
Post the NTK redacted but with the dates on, there being a copy available does not change the fact you never got it but at least it can be seen if it was POFA 2012 compliant or not in the first place. They will have posted it out using a junk mail provider, so not 1st or 2nd class and they will also have no proof of posting from the post office, so your witness statement that the NTK was never received still stands unchallenged. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1433295 · Replies: 192 · Views: 40,521 |
Posted on: Sun, 11 Nov 2018 - 16:57 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
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Forum: Private Parking Tickets & Clamping · Post Preview: #1433116 · Replies: 11 · Views: 1,013 |
Posted on: Sat, 10 Nov 2018 - 13:05 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE Witness statement - will this be from myself, leaseholders, freeholder stating I had permission and the error in the data input 2 Witness statements, 1 from you and 2nd from landowner. Not many solicitors are up to speed with parking tickets, this forum will guide but you have to start by posting drafts for critique. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1432826 · Replies: 19 · Views: 2,189 |
Posted on: Sat, 10 Nov 2018 - 06:24 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
You were told not to identify the driver !!!! |
Forum: Private Parking Tickets & Clamping · Post Preview: #1432769 · Replies: 16 · Views: 2,542 |
Posted on: Fri, 9 Nov 2018 - 17:02 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE I assume the principle of the contract is the landowner? Yes QUOTE So I would have to request the £255 in my application to the court if I want it refunded? Might be difficult due to the wrong address issue. In the hearing you have to highlight CEL's past performance and make it clear they always discontinue when faced with a properly argued defence so there is likely to be no future hearing where CEL will be ordered to refund the £255. And yes the address not being updated by yourself makes that difficult to achieve. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1432653 · Replies: 19 · Views: 2,189 |
Posted on: Fri, 9 Nov 2018 - 16:19 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
CEL only allow cases to end when there is no defence entered, they then apply for a default judgement which is what has happened in this case, where the case is defended they always discontinue at the last moment. If you can get it set aside then CEL can just not bother reraising the claim on the basis they now know they have a live case and unless you have it as part of the set aside ruling that if the case is not started CEL have to pay the £255 then £255 will not get refunded. How CEL will handle all these other cases pending is open for debate, will the large number cause them to change their methodology and try and win one in court. Naming the driver removes one defence, CEL NTK's are not POFA 2012 compliant so there is no keeper liability. QUOTE 1. Given letters went to the wrong address and the times since they were issued is there scope to still appeal these charges directly with the company? Or if they fail to respond with POPLA? No, CEL will laugh. QUOTE 2. Given the landowner is against the charges are there ever cases of companies being able to press for payment despite the landowner stating there is permission and does not want them enforced? Yes, in a court if the principle of the contract tells the PPC to jump then the PPC should jump, assuming the contract does not sign their rights away. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1432627 · Replies: 19 · Views: 2,189 |
Posted on: Fri, 9 Nov 2018 - 12:16 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE I take it from a quick google that I'm waiting for the NTK (or lack of) before starting the appeal process? No, read the advice already given, wait until day 26 and appeal as keeper, they will then not send out a valid NTK on day 28 but use the contact details from the appeal instead of using the DVLA. This will be a POFA 2012 fail to add to the others. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1432550 · Replies: 9 · Views: 1,569 |
Posted on: Wed, 7 Nov 2018 - 09:06 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
The invoice goes to the keeper. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431845 · Replies: 11 · Views: 1,231 |
Posted on: Tue, 6 Nov 2018 - 09:45 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE So does the fact that they do not know who is the driver not matter at this stage? In their mind no it does not matter, but you have a good defence in that you can show they did not comply with POFA 2012 and so cannot transfer liability from the driver to the keeper. Plus the parking over a line can be seen as De minimis. https://en.wikipedia.org/wiki/De_minimis So you continue to refer only to 'The driver', they are Robo claiming and using the court system to apply pressure even in hopeless cases, this is profitable for them as most people fold. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431527 · Replies: 61 · Views: 6,436 |
Posted on: Tue, 6 Nov 2018 - 09:16 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
Ignore, any engagement risks accidentally identifying the driver. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431517 · Replies: 4 · Views: 1,051 |
Posted on: Mon, 5 Nov 2018 - 19:55 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
It is an invoice and due to POFA 2012 the keeper is liable, by naming you as hireer/leasee the lease company move liability away to the hireer/leasee. This ignores the lease/hire agreement issue but that is an issue between the BPA and the lease trade association. The issue the lease company have is their contract with you does not cover charging you but they have to pass your details on. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431422 · Replies: 39 · Views: 3,330 |
Posted on: Mon, 5 Nov 2018 - 15:55 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE passing on my personal details to two different debt collecting agencies They are allowed to do that. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431326 · Replies: 58 · Views: 13,709 |
Posted on: Mon, 5 Nov 2018 - 13:03 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE A letter from Parking Eye dated 1 October arrived on Friday 30 October in an unpostmarked envelop You need to check if the POPLA code is still valid as its time limited, https://www.parkingcowboys.co.uk/popla-code-checker/ You do get a few days extra but not many. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431255 · Replies: 56 · Views: 11,247 |
Posted on: Mon, 5 Nov 2018 - 05:37 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
The edit button has gone as you took so long, got report and ask for edit to be restored. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431143 · Replies: 29 · Views: 3,716 |
Posted on: Sun, 4 Nov 2018 - 21:55 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
Hire car ? |
Forum: Private Parking Tickets & Clamping · Post Preview: #1431085 · Replies: 6 · Views: 1,543 |
Posted on: Sun, 4 Nov 2018 - 17:49 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
It's not from Gladstones, the clue is who you are asked to pay eg DRP, so written by DRP on Gladstones notepaper asking the keeper to pay DRP. File with the rest and ignore, come back if a Gladstones letter asks the keeper to pay Gladstones or an actual claim. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1430988 · Replies: 5 · Views: 610 |
Posted on: Sun, 4 Nov 2018 - 10:26 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
QUOTE clamping is illegal practice nowdays? Since POFA 2012 |
Forum: Private Parking Tickets & Clamping · Post Preview: #1430882 · Replies: 48 · Views: 3,889 |
Posted on: Sat, 3 Nov 2018 - 16:27 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
Get editing, the PPC's monitor the forum. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1430722 · Replies: 13 · Views: 1,553 |
Posted on: Sat, 3 Nov 2018 - 16:12 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
They are making it up as they go along, the grace period in the BPA CoP clause 13 applies whether they like it or not. Beavis works in your favour as BPA CoP adherence was mentioned in the ruling. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1430715 · Replies: 225 · Views: 32,951 |
Posted on: Sat, 3 Nov 2018 - 15:52 | |
Member Group: Members Posts: 4,167 Joined: 6 Oct 2012 Member No.: 57,558 |
NA |
Forum: Private Parking Tickets & Clamping · Post Preview: #1430707 · Replies: 13 · Views: 1,553 |
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