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Jlc
Posted on: Yesterday, 20:00


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QUOTE (B5s4driver @ Thu, 23 May 2019 - 20:57) *
However, when going to appeal via theias.org it doesn’t recognise the ticket number...seems like a purpose built trap

You have to appeal to the parking company first.

QUOTE (B5s4driver @ Thu, 23 May 2019 - 20:57) *
Going by this it seems parking was free for a Sunday and bank holiday (May Day).

What did the signs say?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487433 · Replies: 2 · Views: 27

Jlc
Posted on: Yesterday, 17:16


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The legal definition of ‘due care’ isn’t what you think.

Hitting a stationary object would likely be considered falling below the standard expected of safe and competent driver (however ‘carefully’ you hit it - if you did...)
  Forum: Speeding and other Criminal Offences · Post Preview: #1487384 · Replies: 11 · Views: 313

Jlc
Posted on: Yesterday, 16:13


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Nope, get onto the store...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487359 · Replies: 5 · Views: 59

Jlc
Posted on: Yesterday, 15:46


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QUOTE (red_boots2 @ Thu, 23 May 2019 - 16:36) *
Was wondering if anyone could advise me on the best course of action?

Usually get onto the store first.

QUOTE (red_boots2 @ Thu, 23 May 2019 - 16:36) *
Will post up redacted image of Parking Eye Parking Charge if requested, but assume at this point it is their standard template.

Yup, seen them all before. But does the reverse have a section called 'Protection of Freedoms Act'?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487351 · Replies: 5 · Views: 59

Jlc
Posted on: Yesterday, 08:36


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Pictures of the signs would be useful. Does appear to be a frustration.

I don’t think appealing to POPLA is a good idea as they won’t get it.

If it is the case that you couldn’t pay then I would tell them as above, offer to pay the tariff and then ignore unless they issue a claim. They can be litigious but are rather busy at the moment on a number of cases. But they do have 6 years to pursue.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487279 · Replies: 6 · Views: 99

Jlc
Posted on: Wed, 22 May 2019 - 19:37


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From what we can see it appears to be a non-PoFA compliant PCN. (So they can only pursue the driver)

Is there more on the reverse? (CEL NTK's are generally pants)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487208 · Replies: 8 · Views: 108

Jlc
Posted on: Wed, 22 May 2019 - 18:40


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POFA is on the back - no golden ticket.

Get onto the hotel ASAP although some are better than others...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487199 · Replies: 6 · Views: 103

Jlc
Posted on: Wed, 22 May 2019 - 15:52


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Was there another machine to pay at? Was it a pay on exit? (Most are pay upon entry)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487160 · Replies: 6 · Views: 99

Jlc
Posted on: Wed, 22 May 2019 - 08:13


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What about the back of the PCN? (It's very important)

There are particular hoops for them to jump through correctly for liability when rental car involved. See paragraph 13 here.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1487027 · Replies: 8 · Views: 114

Jlc
Posted on: Wed, 22 May 2019 - 08:08


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QUOTE (Tsietisin @ Wed, 22 May 2019 - 08:22) *
Am I convicted at this point?

No. At this time they are simply asking for the driver for an alleged offence.

QUOTE (Tsietisin @ Wed, 22 May 2019 - 08:22) *
could I legitimately renew my insurance stating no convictions?

You have no conviction. BUT the insurer will most likely ask whether there are any pending - as already noted, check the wording carefully.
  Forum: Speeding and other Criminal Offences · Post Preview: #1487026 · Replies: 11 · Views: 543

Jlc
Posted on: Tue, 21 May 2019 - 19:53


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Some of the fixed costs probably haven’t actually been truly incurred. It seems their payment processing was flawed and they’ve actually unnecessarily incurred some costs. (But depends on the complete facts)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486929 · Replies: 11 · Views: 158

Jlc
Posted on: Tue, 21 May 2019 - 19:00


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QUOTE (Car Guy @ Tue, 21 May 2019 - 19:18) *
...have been informed that it is too late as the court claim form has been filed.

It's never too late, even whilst waiting for the hearing in the court! They should be attempting to seek settlement to avoid a court hearing. Put them (solicitors) an offer in writing headed 'Without Prejudice'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486908 · Replies: 11 · Views: 158

Jlc
Posted on: Tue, 21 May 2019 - 18:50


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Does the company have a number of similar vehicles with similar plates? There's still the possibility of a plate misread.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486905 · Replies: 16 · Views: 641

Jlc
Posted on: Tue, 21 May 2019 - 18:14


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There's nothing stopping you making a without prejudice offer to pay the £160 (or even less) to avoid court - especially on the basis you had already made the 'payment'. (If that's the route you want to take) Actually, it would still be beneficial for them as pushing it to a hearing costs them more.

Which parking company was it?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486888 · Replies: 11 · Views: 158

Jlc
Posted on: Tue, 21 May 2019 - 17:59


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What's puzzling is those devices are usually extremely reliable. Unless there was some 'human error' at the ticket office then it seems hard to explain.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486881 · Replies: 16 · Views: 641

Jlc
Posted on: Tue, 21 May 2019 - 06:59


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There’s this common myth that private parking tickets aren’t ‘enforceable’. As I said before they can pursue the keeper on the basis they were driving.

That said it isn’t a lost cause but we don’t have a lot of detail to go on. A counterclaim is doomed unless you can show they have misused personal data.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486680 · Replies: 6 · Views: 78

Jlc
Posted on: Tue, 21 May 2019 - 06:56


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Dead easy to beat just as long as the driver wasn’t revealed?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486678 · Replies: 11 · Views: 129

Jlc
Posted on: Tue, 21 May 2019 - 06:50


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Speak to the retail park ASAP!

The longer you leave it the less likely they will help.

UKPC do issue court claims.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486677 · Replies: 21 · Views: 599

Jlc
Posted on: Mon, 20 May 2019 - 20:09


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Be done with threats from a Private Parking company? Ha!

I'm afraid not - and they do issue court claims.

Even failing to meet PoFA conditions to pursue the keeper won't stop them. (But they would have to show on the balance of probabilities that the keeper driving)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486637 · Replies: 6 · Views: 78

Jlc
Posted on: Mon, 20 May 2019 - 11:18


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QUOTE (Bluestar4 @ Sun, 19 May 2019 - 22:21) *
My main concern on researching the potential penalties was that a lot of websites mention that doing well above the speed limit can...

The sentencing bands at that limit are 31-40, 41-50 and 51+

There doesn't appear to be any aggravating factors.

So 60 isn't actually that high in band C so won't be considered particularly heinous. It will almost certainly be 6 points and revocation. (Plus a fine around 1 week's relevant earnings, costs of £85 and surcharge of 10% of the fine [min £30])
  Forum: Speeding and other Criminal Offences · Post Preview: #1486490 · Replies: 5 · Views: 392

Jlc
Posted on: Mon, 20 May 2019 - 11:14


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Have you spoken to the retail park yet?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486489 · Replies: 21 · Views: 599

Jlc
Posted on: Sun, 19 May 2019 - 17:07


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Any potential s172 offence occurs 28 days after the request is issued.

So there’s still some way to go...
  Forum: Speeding and other Criminal Offences · Post Preview: #1486309 · Replies: 32 · Views: 3,038

Jlc
Posted on: Sun, 19 May 2019 - 16:25


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The driver nomination must be made regardless as it is a separate offence if you do not.


Nothing you’ve said will form a viable defence against the measurement of an approved device. Being unaware of a lower prevailing limit is a non starter.

However, the good news perhaps is that speed will qualify for a fixed penalty (3 points £100) instead of court.
  Forum: Speeding and other Criminal Offences · Post Preview: #1486299 · Replies: 7 · Views: 577

Jlc
Posted on: Sun, 19 May 2019 - 10:30


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Issued for no permit? Is it residential land you have rights on?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1486230 · Replies: 12 · Views: 192

Jlc
Posted on: Sat, 18 May 2019 - 18:57


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QUOTE (Incandescent @ Sat, 18 May 2019 - 19:08) *
An on-line system that validates a request then accesses the database and responds cannot possible cost £2.50 per shot. More like 1/10penny. It is quite clear DVLA are coining it.

Funnier than that - they have previously stated the system actually runs at a loss! (Something like £2.84 a shot)

Gotta pay some bosses some juicy bonuses...?
  Forum: The Flame Pit · Post Preview: #1486170 · Replies: 5 · Views: 246

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