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Jlc
Posted on: Today, 13:57


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I wouldn't call it ADR...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361554 · Replies: 16 · Views: 243

Jlc
Posted on: Today, 13:56


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Indeed, POPLA only tend to focus on whether the PCN was 'issued correctly' and will probably conclude the driver did not check the ticket correctly (expiry time) and did breach the condition to type the vrm correctly.

They tend to avoid common-sense/mitigation but will uphold a non-PoFA compliant ticket.

A trip to court? No, they'll back down eventually. They only go to hearings if you counterclaim.

Alternatively, you could provide the driver’s serviceable details...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361553 · Replies: 5 · Views: 25

Jlc
Posted on: Today, 13:51


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Now it's paid then no further action will be taken - the matter is closed without prosecution. (Or escalation - some fixed penalties have to be formally challenged to prevent them increasing with no recourse)

Only if it hadn't been paid would further steps have been taken. Who they pursued etc. may have caused some issues but immaterial now.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361551 · Replies: 4 · Views: 108

Jlc
Posted on: Today, 13:47


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Nope the licence and v5 are separate and not updated together. (You are not alone in this assumption mind)

My previous post seemed to have been removed but a course may still be possible if you reply quickly. But the delay has been caused by your own inaction and perhaps fortunate they have managed to trace you (insurance database perhaps) instead of being convicted in your absence at court.

You have no right to a course, nor a fixed penalty but this should be the worst outcome.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361550 · Replies: 9 · Views: 107

Jlc
Posted on: Today, 13:19


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QUOTE (Player1337 @ Sun, 25 Feb 2018 - 13:10) *
I really feel are mitigating enough.

But not enough to mitigate below a fixed penalty.

I do not see any Special Reasons Not To Endorse either - it would take an extremely sympathetic bench to consider that.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361539 · Replies: 19 · Views: 147

Jlc
Posted on: Today, 13:16


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At a glance it seems sufficient compliant with PoFA - unusual for CEL...

Bottom line is that POPLA will probably agree the PCN was issued correctly.

There's a good chance that a court claim will follow eventually but as will all CEL claims they don't actually follow them through and will discontinue with a robust defence - and I can think of a number of attack angles.

I wouldn't be paying them £60 here. But accept the court process will consume some effort/time.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361534 · Replies: 5 · Views: 25

Jlc
Posted on: Today, 12:40


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No, makes no difference.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361523 · Replies: 13 · Views: 320

Jlc
Posted on: Today, 11:57


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There’s no appeal and mitigating circumstances wouldn’t make any difference.

I can’t see any risk of serious injury or threat to life to provide duress.

The course/fixed penalty is the best you’ll get.

At court you will definitely pay more unless a defence is identified.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361504 · Replies: 19 · Views: 147

Jlc
Posted on: Today, 11:48


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Keeping up with the flow is not a defence.

For now you can ask for a photo to assist in the identification of the driver and they usually supply one to confirm the speed. However, the driver nomination must be made within the 28 days regardless.

As you don’t appear to qualify for a course it will be 3 points £100.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361498 · Replies: 19 · Views: 147

Jlc
Posted on: Today, 11:04


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QUOTE (Mayhem007 @ Sun, 25 Feb 2018 - 10:43) *
can Spring parking obatain information from the DVLA.

As a member of an ATA (BPA) then yes. Indeed, they are tiny but do issue court claims - here.

As a BPA member then there's some chance at POPLA. If the PCN issued was on the vehicle then you either wait for the NtK and see if they comply with the Protections of Freedom Act or appeal as the keeper around day 24-26. (To frustrate the process as they have to access the DVLA for keeper liability - many PPC's don't bother as they want to save their £2.50's)

QUOTE (ostell @ Sun, 25 Feb 2018 - 10:58) *
Council CCTV cannot be used for parking, it would be a breach of the DPA.

Self ticketing operation perhaps. (Or perhaps some foot patrols)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361488 · Replies: 2 · Views: 48

Jlc
Posted on: Today, 10:59


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It doesn't matter now. Even if you hadn't paid it then it wouldn't have provided a defence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1361487 · Replies: 4 · Views: 108

Jlc
Posted on: Yesterday, 17:58


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I’d want to see the v5.

You could always ask the Police too...
  Forum: Speeding and other Criminal Offences · Post Preview: #1361362 · Replies: 11 · Views: 375

Jlc
Posted on: Yesterday, 10:27


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Yes, there are court cases but don't seem so active this year. (Here)

Are you local to Cornwall?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361226 · Replies: 10 · Views: 236

Jlc
Posted on: Yesterday, 10:19


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If you weren't the driver and they haven't complied with PoFA then you have no liability.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361224 · Replies: 16 · Views: 243

Jlc
Posted on: Fri, 23 Feb 2018 - 21:19


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Need more detail around the circumstances. Knowing the driver is only one hurdle.

Which parking company?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361141 · Replies: 6 · Views: 156

Jlc
Posted on: Fri, 23 Feb 2018 - 20:53


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QUOTE (sez_005 @ Fri, 23 Feb 2018 - 20:48) *
So yes, they are pursuing the driver.

Indeed, but they've written to the keeper and admit they have not complied with PoFA to pursue the keeper if they do not know or will not reveal the driver...

So, the initial appeal (as the keeper) tells them this.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361136 · Replies: 5 · Views: 112

Jlc
Posted on: Fri, 23 Feb 2018 - 20:36


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As above, the contract agreed was the £1.50 from 18:00. The machine did not issue a ticket corresponding to this agreement.

They might well argue that the ticket should have been checked as it had a expiry time on it.

Did the meter have a clock on it?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361132 · Replies: 10 · Views: 236

Jlc
Posted on: Fri, 23 Feb 2018 - 20:14


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Indeed, that means they can only pursue the driver. I presume the NtK doesn't claim otherwise?

An 'appeal' that they've failed to comply and that the keeper has no liability. (If they reject then they have to give a POPLA code where they will uphold the appeal)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1361131 · Replies: 5 · Views: 112

Jlc
Posted on: Fri, 23 Feb 2018 - 16:41


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QUOTE (The Rookie @ Fri, 23 Feb 2018 - 16:11) *
The 22.5 degrees is for Gatso, nothing to do with laser which are aimed along the operators line of site.

Indeed. A such devices can correct the speed measurement to produce a 'true' speed.

Laser devices will also measure at angles too and the figure returned is smaller than the true speed due to the 'cosine effect'. Generally, this measurement will be within a few degrees and the reduction is tiny, e.g. 2 degrees would give 99.9%. (22.5 degrees is over 92%)
  Forum: The Flame Pit · Post Preview: #1361068 · Replies: 12 · Views: 400

Jlc
Posted on: Fri, 23 Feb 2018 - 12:59


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QUOTE (peterguk @ Fri, 23 Feb 2018 - 12:38) *
Either it complies, or it does not.

That's the trouble nowadays with TSGRD 2016. Does it sufficiently convey the prevailing limit? It's more subjective than objective perhaps...
  Forum: Speeding and other Criminal Offences · Post Preview: #1360984 · Replies: 12 · Views: 655

Jlc
Posted on: Fri, 23 Feb 2018 - 11:35


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Have you given them anything to show you weren't the driver?

If not, then it could be considered 'reasonable' to continue with their pursuit and have a day in court for a Judge to decide.

If they continue pursuing after having something tangible that there's no liability then that would make a huge difference. Showing distress under DPA 1998 (not 2008) seems to be an uphill struggle in county courts at the moment.

Ignoring a s10 isn't great - However, the ICO don't seem too interested in private parking shenanigans.

DPA s13(1) allows compensation. Cases to reference including Vidal-Hall v Google [2015] and Halliday v Creation Consumer Finance [2013].
  Forum: Private Parking Tickets & Clamping · Post Preview: #1360952 · Replies: 13 · Views: 320

Jlc
Posted on: Fri, 23 Feb 2018 - 11:28


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QUOTE (nosferatu1001 @ Fri, 23 Feb 2018 - 11:09) *
It isnt a dock. thats criminal trial. CEL will NEVER EVER EVER show up to a defended hearing. EVER.

They do turn up for counterclaims though. Although, this is usually to only defend the counterclaim rather than pursue their claim...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1360947 · Replies: 5 · Views: 165

Jlc
Posted on: Thu, 22 Feb 2018 - 13:04


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QUOTE (DancingDad @ Thu, 22 Feb 2018 - 12:59) *
Credit rating is unaffected by these so put that out of mind, they are not CCJs

Unless there are some private parking ones in the mix perhaps.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1360627 · Replies: 4 · Views: 268

Jlc
Posted on: Thu, 22 Feb 2018 - 10:27


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I think you should take it up with Booth's HO - indeed, you won't be shopping there again if they do not call off their agent.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1360558 · Replies: 23 · Views: 377

Jlc
Posted on: Wed, 21 Feb 2018 - 21:51


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Keeper liability
  Forum: Private Parking Tickets & Clamping · Post Preview: #1360462 · Replies: 11 · Views: 161

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