Posted on: Mon, 20 Mar 2023 - 14:09 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
As asked in post 4 Have you read VCS v Ibbotson, the "toothbrush" case? |
Forum: Private Parking Tickets & Clamping · Post Preview: #1770167 · Replies: 75 · Views: 7,243 |
Posted on: Thu, 19 Jan 2023 - 16:38 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
If they don't have the name of the driver, nor sufficient data to guess, then see if they will accept: Dear Sirs, I have received your Notice to Keeper xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc |
Forum: Private Parking Tickets & Clamping · Post Preview: #1759222 · Replies: 6 · Views: 419 |
Posted on: Thu, 19 Jan 2023 - 16:29 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
And they can't be isuing a notice to driver as that has to be affixed to the vehicle. Why can't the car benefit firm simply follow POFA and name the keeper/hirer of the car on the date of the event? This gets them out of any liability. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1759215 · Replies: 12 · Views: 994 |
Posted on: Thu, 19 Jan 2023 - 16:20 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So you have a relative who lives abroad. Name the relative with their overseas address. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1759213 · Replies: 20 · Views: 1,297 |
Posted on: Thu, 19 Jan 2023 - 16:09 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
I did ask if documents had been received by the hirer but was deafened by the silence. If no docs then: Sirs Ref PCN xxxxx VRM yyyyyy I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper.. There is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc. Send just before the end of 21 days so that they can't correct and reissue. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1759209 · Replies: 27 · Views: 1,788 |
Posted on: Thu, 19 Jan 2023 - 15:59 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So edit your first post while you can so that the identity of the driver cannot be inferred. To Excel Dear Sirs, I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc First class post with free certificate of posting from any post office. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1759204 · Replies: 55 · Views: 2,404 |
Posted on: Mon, 16 Jan 2023 - 01:49 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Andwas all the required documentation with the company PCN, ie a copy of the lease agree,emt and the original PCN |
Forum: Private Parking Tickets & Clamping · Post Preview: #1758344 · Replies: 27 · Views: 1,788 |
Posted on: Mon, 16 Jan 2023 - 01:36 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
You could meake a SAR request to them to get all the letters |
Forum: Private Parking Tickets & Clamping · Post Preview: #1758343 · Replies: 18 · Views: 535 |
Posted on: Sun, 8 Jan 2023 - 23:34 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Well you've told them who the driver was, they quite often monitor these forums. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1756846 · Replies: 7 · Views: 463 |
Posted on: Fri, 28 Oct 2022 - 16:02 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So if there were no additional paperwork then: Sirs Ref PCN xxxxx VRM yyyyyy I am the hirer/keeper of the above vehicle and am in receipt of the PCN you issued. I have no liability on this matter as you have failed to meet the requirements of Schedule 4 of The Protection of Freedoms Act 2012 namely, but not limited to, failing to supply the additional documents mandated by section 14 (2) (a) of the Act. You cannot therefore transfer liability from the driver at the time to me, the hirer keeper.. There is no legal requirement to identify the driver at the time and I will not be doing so. Any further communication with me on this matter, apart from confirmation of no further action and my details being removed from your records, will be considered vexatious and harassment. This includes communication from any Debt Collection companies you care to instruct. Yours etc. Sent so that it arrives just before 21 days from the date of the letter so that they can't correct and resend within the relevant period. You will have tlo juggle the dates as you have so many. Check with the lease company if any more are in the pipeline and take them into account. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1743958 · Replies: 33 · Views: 2,374 |
Posted on: Thu, 27 Oct 2022 - 10:24 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
copies of thhe hire agreement AND a copy of the original PCN to the hire compnay. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1743637 · Replies: 11 · Views: 874 |
Posted on: Mon, 24 Oct 2022 - 16:40 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
This appears to be not a private parking company, as already pointed out, and therefore they are allowed to charge a penalty. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1743155 · Replies: 4 · Views: 762 |
Posted on: Mon, 24 Oct 2022 - 16:29 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
The signage in the car park is of a “forbidding” nature. The terms are forbidding. There wa no offer to park and therefoe create a contract. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1743151 · Replies: 37 · Views: 2,664 |
Posted on: Sat, 22 Oct 2022 - 19:58 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Terrible template that is Try this Dear Sirs, I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc First class post with free certificate of posting from a post office |
Forum: Private Parking Tickets & Clamping · Post Preview: #1742854 · Replies: 7 · Views: 645 |
Posted on: Tue, 18 Oct 2022 - 15:23 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
As this is Smart then (assuming not corrected on the back) Dear Sirs, I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give notice of keeper liability as prescribed by section 9 (2) (f) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper. There is no legal requirement to name the driver at the time and I will not be doing so. I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records. Yours etc Then for your POPLA appeal bring in 9 (2) (b) and (e) |
Forum: Private Parking Tickets & Clamping · Post Preview: #1742102 · Replies: 11 · Views: 352 |
Posted on: Mon, 17 Oct 2022 - 13:12 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
You need to find out who owns the space, hence my earlier suggestion, rather than running round looking at the need to display permits or not |
Forum: Private Parking Tickets & Clamping · Post Preview: #1741837 · Replies: 6 · Views: 466 |
Posted on: Mon, 17 Oct 2022 - 10:18 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
They have also missed 9 (2) (e) & (b) You should do well with your POPLA appeal |
Forum: Private Parking Tickets & Clamping · Post Preview: #1741782 · Replies: 22 · Views: 1,187 |
Posted on: Sun, 16 Oct 2022 - 19:27 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Yes, delaying is to your benefit You can still appeal using the fact that there were no conditions that were broken and you do not under why they are claiming breach of non existent conditions. Make sure you have plenty of photos of the location as signs might miraculously appear |
Forum: Private Parking Tickets & Clamping · Post Preview: #1741706 · Replies: 17 · Views: 721 |
Posted on: Sun, 16 Oct 2022 - 18:59 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So you just have a notice to driver stuck to the windscreen ? If so do as above and appeal as the keeper as late as possible. . Give the your address, slightly different to what ISS on the V5 ut still valid. You are hoping they fail to give a NTK within the relevant period or fail to get details from the DVLA |
Forum: Private Parking Tickets & Clamping · Post Preview: #1741697 · Replies: 17 · Views: 721 |
Posted on: Sun, 16 Oct 2022 - 18:23 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Ask your landlord if the space is part of the demised property, ie it is owned by your landlord. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1741693 · Replies: 6 · Views: 466 |
Posted on: Sat, 15 Oct 2022 - 18:34 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Smart have failed to comply with POFA 9 (2) (b), (e) or (f) and there can be no keeper liability. The time limit to appeal is only a time of their invention. A letter to them saying that you have just had sight of the PCN. You were not the driver nor the keeper at the time and therefore you cannot have any liabity in this matter |
Forum: Private Parking Tickets & Clamping · Post Preview: #1741569 · Replies: 38 · Views: 3,261 |
Posted on: Wed, 12 Oct 2022 - 14:54 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
Many councils have a web page where you can check the status of roads. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1740937 · Replies: 22 · Views: 1,438 |
Posted on: Wed, 12 Oct 2022 - 14:50 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So have you checked with the council about who actually owns that section of road where the car was parked. |
Forum: The Flame Pit · Post Preview: #1740934 · Replies: 3 · Views: 489 |
Posted on: Wed, 12 Oct 2022 - 14:39 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
For future use that sign is incapable of creating a contract. No contract then no breach then no charge. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1740930 · Replies: 22 · Views: 1,438 |
Posted on: Wed, 12 Oct 2022 - 14:35 | |
Member Group: Members Posts: 17,088 Joined: 8 Mar 2013 Member No.: 60,457 |
So what was the time difference betweenparking and returning with the permit ? Picture of the sign? Has the road been adopted by the council? Check on council site. |
Forum: Private Parking Tickets & Clamping · Post Preview: #1740929 · Replies: 7 · Views: 507 |
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