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nosferatu1001
Posted on: Yesterday, 13:37


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Indeed, you want confirmation the manager actually did this
its why we normally recommend a chase up if you dont have something unambiguous such as I HAVE told ....
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383754 · Replies: 31 · Views: 1,040

nosferatu1001
Posted on: Yesterday, 13:07


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If you live and car is registered in Scotland, flat out IGNORE unless you get a claim form or some form of letter before action.

Keep any proof of breakdown, anyhting and everything you can get to prove it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383745 · Replies: 3 · Views: 82

nosferatu1001
Posted on: Yesterday, 13:06


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How will you get to POPLA, without an appeal rejectoin and a POPLA code?

Surely you just complain tot he BPA that they failed to reject or accept your appeal, but only once 35 days are up meaning NCP is deemed to have accepted it?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383744 · Replies: 23 · Views: 667

nosferatu1001
Posted on: Yesterday, 13:05


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2) no noone has used that term
confusion over who the driver eever entered a contract with, given the Excel company logo is the largetst and some signs say Excel is the contracting party and some VCS (if true)
If the contract was with Excel, VCS has no part. If there was confusion over who you are contracting with, then the most favourable is the more obvious one - Excel.
3 and 4) are the same;. Never acquierd the right to chase the Keeper and has failed to provide proof of the drivers identity, which cannot be assumed to be the keeper.
5) What do you assert the vehicle was doing for 28 minutes then? Because to anyone reaosnable there is a good chance it was parked. Ive asked this before, you cant just rasie things without thinking it through.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383743 · Replies: 34 · Views: 860

nosferatu1001
Posted on: Yesterday, 13:00


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the line about not identifying could be construed as saying who the driver is.
I would always be very careful, and state "I was not the driver" if you can, and if you cant "state I have never identified the driver as I am unsure who the driver is that day, and I am not required to identify the driver" or somesuch.

Being explicit leaves no room for a "ahaah" ebvil laugh moent by a PPC.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383742 · Replies: 16 · Views: 323

nosferatu1001
Posted on: Yesterday, 12:12


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Wrong forum. Hit REPORT and ask to be moved to council

You should use an Out of time emthod to get this reset. In the meantime simply park any vehicles in a garage and dont open the door. They have no power to force entry, I believe.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1383731 · Replies: 1 · Views: 127

nosferatu1001
Posted on: Yesterday, 12:09


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Theyll correct it on the court paperwork, at a guess.

Otherwise everyone will do it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383730 · Replies: 9 · Views: 230

nosferatu1001
Posted on: Yesterday, 12:01


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QUOTE (Undisputed @ Mon, 21 May 2018 - 12:44) *
I'll get the PoC tonight when I get home.

We notice the claim is filed in a court which is miles away. If it does go to court, is it possible to have the location moved?

You need to get out your thread and read up. The CCBC isnt even a court. Its just an office. Youre making the same normal panicked response everyone does. So relax!

onc youve done your AOS and told us the issue date.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1383726 · Replies: 15 · Views: 147

nosferatu1001
Posted on: Yesterday, 11:58


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Have you just read donwn this page and the next, looking for ones called CEL?

Go to search, advanced search, and change the option to "by posts" instead of by thread, so you see the actual threads with CEL mentioned.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383725 · Replies: 37 · Views: 1,590

nosferatu1001
Posted on: Yesterday, 11:55


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Easiest way to redact info is to use bits of paper over the offending areas, and then scan that in. No way for that to be digitally "undone" at alater date!

OK, so this was on a normal standard road? Not a "forecourt", which would imply some area oin front of the unit akin to a car park?

Signs can be there, but that doesnt mean the temrs they convey are clear, or if those conveyed terms form a contract. So again, we need to know exactly what the signs say. Take a picture.

For example, t6he sign above

1) makes no mention of a contract being offered. It actually FORBIDS parknig on roadways. So how can there be a contract? Offer, acceptance, consideraiton -> the three required elements for a contract! No offer, no contract
2) No mention of any charge being levied
3) The vehicle was not parked, as I have told you, it was loading / unloading. This has its own definition under the TMA2004, and as they do not provide their own definition on the sign of what "parked" means, it is reaosnable to assume - as they used DYLs as well, ANOTHER piece of road furtniture with a well known meaning on public roads - that the normal meaning of parked, which is not the same as the vehicle being used for loading and unloading would prevail.

So 3) is the most interesting. If they accept you were loading / unloading, it was not parked. Therefore the sign does not apply. If they claim you were NOT loading / unloading, but parked., well there was no contract offered, so there cannot be any breach.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383719 · Replies: 7 · Views: 154

nosferatu1001
Posted on: Yesterday, 10:22


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Thanks, I've edited smile.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383677 · Replies: 16 · Views: 323

nosferatu1001
Posted on: Yesterday, 10:21


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Dont contact Gladstones via phone. Never. Never use phone. Ever.

It isnt a letter. You have aLIVE CLAIM AGAINST YOU/. Ig you ignore it, you will get a default judgement against you. Certainty.

So your obvious steps are

1) Complete the ONLINE AoS. This gives you 33 days from ISSUE DATE for the court to RECEIVE your signed, emailed as PDF defence.
2) Tell us your issue date and therefore your CALCULATED deadline
3) Start writing your defence.

What do the PoC state? Verbatim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383676 · Replies: 15 · Views: 147

nosferatu1001
Posted on: Yesterday, 10:08


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For you to be in breach of a contract with the parking company, there would have to be a contract, and for there to be a contrac,t there would have to be something the parking cpompany can offer, of value.

Given that the right granted in the TA cannot be derogated by the landlord, the tenant has a right to park. The PPC cannot offer you that - you already have it - and so has absolutley noithing to offer you. Nothing to offer? no contract.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383669 · Replies: 16 · Views: 323

nosferatu1001
Posted on: Yesterday, 10:06


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Nothing suggests theyve sold this, just using MIL as a DCA.
Yes of course you ignore
No, you dont look to appeal, noone has told you that. If you get a LBA or court form THEN come back
STOP telling us about debt collectors. We really, really dont care.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383667 · Replies: 29 · Views: 1,647

nosferatu1001
Posted on: Yesterday, 10:05


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There wasnt a "crime", ever. this is purely civil.

Do NOT confuse terms> POPLA is an appeals service. POFA2012 is a law.

I never said to go in with just one defence point. Never have I said that. it is just the FIRST point because it is obivously FIRST when you think about a claim: the claim form details supposedly WHAT you are liable for and WHY. If the locaiton specifeid doesnt exist, or is not actually specific (I forget which - please clarify) then how can there be liability?

They didnt LOSe any rights, they never GAINED them. That is a fundamental shift you have to realise: in order to pursue the keeper, they had to choose to use the POFA2012 law to do so. they chose not to. Therefore the keeper was never liable, only the driver.

So do as told. Go back to your defence. Edit it. insert *templates* only if they help you. You cannot just ocpy and paste and hope - you have to understand what it is you are copying.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383666 · Replies: 34 · Views: 860

nosferatu1001
Posted on: Yesterday, 09:35


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OK, so you need to be specific. Third hand info isnt great!

Land: when you say "own", be specific. Freehold or Leasehold? I presume the latter but specify.
Assuming Lease, what does the lease say about parking, use of forecourt etc? Go through it line by line. Dont just look for "parking", of course - who knows the precise term they used? You need to go through, line by line, every single clause. Copy out anything usefu;l, as well as anything that could permit them to introduce thse sorts of regulations.

DYL on REAL roads PERMIT loading and unloading. They restrict parking. So if the van was being usedfor loading and unloading, continuously, then on a public road no ticket can be issued. Now on proivtae lnad DYL have NO inherent meaning - only signs can give them meaning. So we would need to see what the signs say. if the signs are unclear / absent, high up and full oof tiny pirint then of course that helps you!

Get teh in-law to post here, idrectly, with you confirming their identity. Much better.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383656 · Replies: 7 · Views: 154

nosferatu1001
Posted on: Yesterday, 08:56


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Obviously. Youre dealing with para 9 only.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383647 · Replies: 6 · Views: 91

nosferatu1001
Posted on: Yesterday, 08:53


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I gave yo a big hint: a defence starts at the start and ends at the end. Here the start is an error with the claim itself: the PoC do not specify any place that exists (from memory that is true isnt it?)_ Or it fails to actually specify a single place - but rather a few. Whatever is the issue. So how can you be liable for a place that doesnt exist, or how can you defend "United Kingdom" as the car park locaiton (for an extreme example) when they shoul dhave specified a place?

You also KEEP PON MISSING THE POINT about POFA

IF VCS have CHOSEN not to use POFA, then NOTHING ABOUT POFA FAILURTES IS RELEVANT. NOTHING. It is ONLY if they claim the right to pursure the keeper BECAUSE of POFA that you then talk about how they have not met POFA. 14 days is a POFA requirement> if they CHOOSE not to use POFA, then you simply point this oiut, and state the D is keepr of the vehilce, and VCS have never acuired the right to pursue the keeper of the vehicle as they chose not to use POFA.

NONE of the detailed "they didnt meet POFA2 stuff is relevant if the Claimant has never claimed to use POFA in the first place. It is a complete irrelevancy
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383645 · Replies: 34 · Views: 860

nosferatu1001
Posted on: Yesterday, 08:09


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Was the driver identified to them?

Just answer YES or NO. Do not tell US who drove

Continuing the fight is easy - was thi ds areal sols letter or just a fake one? If its from gladstones does it say to pay them or DRP, for example?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383633 · Replies: 7 · Views: 154

nosferatu1001
Posted on: Yesterday, 08:05


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What is the date of issue?
You have 33 days from this date.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383631 · Replies: 10 · Views: 159

nosferatu1001
Posted on: Yesterday, 08:03


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Are you really denying the vehicle was ever parked, and using that as your first actual defence argument?

Why do people keep finding the word "statement"? it doesnt exist. its just a defence.

VCS dont even try to use POFA, do they? So why are you detailing the areas they have failed it, when they dont claiumn this right? Just simply state the claimant hsa chosen not to rely on POFA.

You get to 8 before you actually talk about the confusion.
You havent actually shown that the locaiton on the PoC doesnt exist

Please, go back to your first one rather than copying wholesale and in a hoorrible font with no para spacing, stuff whic his mostly not relevant

Just do work on this.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383629 · Replies: 34 · Views: 860

nosferatu1001
Posted on: Yesterday, 07:45


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Then obviously tell APCOA that your appeal was deemed accepted 35 days after it was received by them, so why are they harassing you?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383626 · Replies: 21 · Views: 1,301

nosferatu1001
Posted on: Yesterday, 07:44


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Does this relate to an existing thread?

MET have two routes: NtD on teh windscreen, NtK via post OR just NtK via post. So as above, youve misread POFA if you think there is a *requirement* to issue a NtD.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383625 · Replies: 6 · Views: 91

nosferatu1001
Posted on: Yesterday, 07:42


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First class, free proof opf posting obvtained? Please say you got proof of posting, it mmakes it much easier for you!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383624 · Replies: 9 · Views: 360

nosferatu1001
Posted on: Yesterday, 07:41


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No because POPLA wouldnt entertain that argument, I wager
Theyre not well trained
Theyve managed to claim that the CRA2015 meant the consumer was liable for an ambiguous term, even though thats the opposite of what the law actually says.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1383623 · Replies: 63 · Views: 3,048

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