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The Rookie
Posted on: Today, 13:09


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They don’t waste money acknowledging cancellations, but you can go as if to pay the PCN and see if it still shows anything is owed.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813691 · Replies: 17 · Views: 0

The Rookie
Posted on: Yesterday, 15:05


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QUOTE (Little Greene @ Mon, 15 Apr 2024 - 13:45) *
What would be the general opinion of these alleged offences. I now understand that the rule is 1.5 metres distance and yes all road users need to be considered but cyclist that go through red lights and hop on off the roads don't get punished but us sensible drivers are punished for going by a cyclist carefully and safety?? Sorry for moaning but I feel aggrieved.

Well if the cyclist in question did either of those such that it resulted in you passing them closely, it would form part of a defence, but I’m assuming they didn’t?

If you did pass too closely then that would seem to exclude you from the sensible drivers club.

Or in other words you either did it (and will likely get some form of punishment) or did not and what others do or don’t do is wholly irrelevant.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813608 · Replies: 8 · Views: 0

The Rookie
Posted on: Wed, 10 Apr 2024 - 19:59


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You can ask the safety camera unit to provide photos under the subterfuge they are to help you confirm the driver’s ID (you aren’t entitled to evidence at this stage), as the cameras there are HADECS3 the photos will normally include the gantry showing the signs.
46/40 will see an awareness course offered so no points.

It would also help to complete the NIP wizard as requested/linked to in the ‘read this first BEFORE posting’ sticky, have the output added to this thread.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813207 · Replies: 5 · Views: 0

The Rookie
Posted on: Wed, 10 Apr 2024 - 16:54


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They’ve made their decision, although some of their reply is rather presumptuous as they seem to think they are a court, the advice is also wrong, nothing to stop you accepting an FP and arguing the ‘other’ allegation is statute barred as one offence.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813199 · Replies: 24 · Views: 0

The Rookie
Posted on: Wed, 10 Apr 2024 - 15:32


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QUOTE (brian765 @ Wed, 10 Apr 2024 - 15:06) *
QUOTE (Jlc @ Wed, 10 Apr 2024 - 14:02) *
I'd still like to hear their commercial justification for such a ticket... Alas, only an option a court if they decide to sue.


Hasn't this been tested and proven before in court, in that the justification is a deterrent for not breaching rules? Beavis Vs parking eye

Yes, so if you read the Beavis case you would know why the point is relevant!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813194 · Replies: 11 · Views: 0

The Rookie
Posted on: Wed, 10 Apr 2024 - 15:02


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You may be lucky and the single justice sentence you, I'm sure they have local guidelines for when to sentence and when to pass on, but they aren't broadcast.

But otherwise, yes be ready, a suite isn't necessary just being smart enough to show you are taking it seriously.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813191 · Replies: 21 · Views: 0

The Rookie
Posted on: Wed, 10 Apr 2024 - 10:37


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As this is an IPC PPC whether or not it is PoFA compliant is of little help unless the keeper wasn't driving as it won't put them off.

The car clearly wasn't wholly in the marked bay, something the driver was surely aware of. So we need to see if you have a signage argument as to that not being a contractual condition. You may have a 'commercially justified (lack of) argument for court.

As a BMW owner I wince at the stereotypes, but sometimes.....
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813148 · Replies: 11 · Views: 0

The Rookie
Posted on: Wed, 10 Apr 2024 - 06:33


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Well the only meaning of jump here that matters was breaking the law, which you did unless that was directed by a Police officer, if you have no reasonable hope of proving that sufficient for the court then pleading guilty would be your only option.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813137 · Replies: 22 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 20:21


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The bottom left photo clearly shows you NOT over the stop line and later over it, so clearly did ‘jump the lights’ I’m afraid. I can’t see any defence there.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813121 · Replies: 22 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 20:19


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80/70 should see you offered an awareness course (unless one down in the last three years), so it would probably be foolish to take it to court I think.
If you do the course I certainly wouldn’t then be offering any ‘mitigation’, it would achieve nothing and could see you dismissed from the course and heading to court.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813120 · Replies: 5 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 17:43


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QUOTE (ajb63uk @ Tue, 9 Apr 2024 - 17:21) *
the pictures show me over the stop line along with about four other cars in front and to the side of me.

This is like squeezing blood from a stone, you never even mentioned you had pictures, the good Lord (and us) help those who help themselves.
Do the photos show you straddling the the stop line, YES or NO.
Perhaps share them if in doubt.
Unless they have a photo showing you crossing the stop line, they would appear to have no evidence of an offence, as previously mentioned in another post you ignored, the sensors are after the stop line and can be triggered by a car already over it pulling away.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813094 · Replies: 22 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 15:24


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QUOTE (southpaw82 @ Tue, 9 Apr 2024 - 16:13) *
Why was she banned for a year, rather than six months?

This... and the lack of a revocation really don't stack up. What seems more likely is there is some confusion here between daughter and Mum.

Being disqualified for 6 months and taking 6 months to get the tests passed again seems more likely to me.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813078 · Replies: 14 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 14:58


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QUOTE (Lerocher @ Tue, 9 Apr 2024 - 15:16) *
then I receive 6 points for SP 90 for failing to provide address details

MS90 for failing to provide driver's details perhaps? What date do they show as applied to your licence? Were you aware of the case? They may still be preparing to hear the disqualification hearing for that totting.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813074 · Replies: 4 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 14:56


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QUOTE (ajb63uk @ Tue, 9 Apr 2024 - 15:24) *
QUOTE (Jlc @ Tue, 9 Apr 2024 - 14:04) *

Still 3 points but you’ll get income related fine, surcharge and costs.


Even though I was sat stationary during the 38 seconds in a line of traffic?

Yes max and min points is 3 unless they decide (very unlikely) a short disqualification is in order.

You could try addressing all the other points raised?
  Forum: Speeding and other Criminal Offences · Post Preview: #1813072 · Replies: 22 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 14:04


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QUOTE (gitwr123 @ Tue, 9 Apr 2024 - 12:34) *
I believe I only have 7 more days to either pay or take them to court.

Why on earth would you be taking them to court? Hint - you won't be, don't have to etc.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813063 · Replies: 12 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 13:31


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If any part of the car crossed the stop line (including just the back bumper) while the lights were red then you did 'jump the lights', if you were already fully over the stop line you were free to continue (with caution).

It's possible you were past the stop line but still over (and triggered) the sensors perhaps?

I'd suggest writing and asking for photo's to 'help confirm the drivers' ID or similar subterfuge (you aren't entitled to see evidence at this stage and are relying on goodwill) and see what it shows.
  Forum: Speeding and other Criminal Offences · Post Preview: #1813062 · Replies: 22 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 12:17


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QUOTE (Benji3101 @ Mon, 8 Apr 2024 - 16:02) *
They said it can take up to 8 or 12 (not sure) weeks for the tax to be cancelled and records updated, waited.

Who are 'they' and when was this said?
And did you get an acknowledgement after that? If you didn't did you then chase it up?
  Forum: Speeding and other Criminal Offences · Post Preview: #1813054 · Replies: 18 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 12:15


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Do a licence check online and you'll see she currently (from what you say) should have zero points, an awareness course (if she didn't do one in the last three years) or a simple (3pt/£100) fixed penalty.

As SP says the TT99 just indicates a totting disqualification (although your story seems to have some 'differences' from what you would usually expect which was a 6 months disqualification and also a licence revocation), it carries no points and if she had a totting ban then the points that triggered that will have been wiped (though the endorsements remain for insurance declaration purposes).
  Forum: Speeding and other Criminal Offences · Post Preview: #1813053 · Replies: 14 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 10:36


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QUOTE (phey708 @ Tue, 9 Apr 2024 - 10:54) *
QUOTE (Dave65 @ Tue, 9 Apr 2024 - 10:24) *
Can you ask the staff/Manager at the Costa when the signs were changed?
As the owners of the site must give ample warning when a change is going to take place.


You can do but this is unlikely to change anything as ParkingEye will only be interested in pursuing the NTK.

Because if POPLA agree they breached the CoP by not giving warning of changes they will cancel the PCN.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813038 · Replies: 13 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 10:34


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Not a case so I suspect the Mod' will move this to the flame pit.

I fear your argument is 2+2=5 here, how does the ATA not mentioning something make it a breach of the DPA?
However the BPA CoP says which appears to be a mention before I delve any further,
QUOTE
ANPR Automatic Number Plate Recognition is a
technology that uses specialist cameras, software and image
processing to capture vehicle registration plates and converts
the registration plate images into data. Photographs are taken
at the entry and exit points of a car park showing when a vehicle
arrives and when it leaves.


What the ATA says is irrelevant IMO in that respect, the companies have to comply with the DPA and probably do.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813037 · Replies: 2 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 10:07


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QUOTE (Kenley78 @ Tue, 9 Apr 2024 - 10:11) *
2. I immediately contacted them

Who was 'them'?

If it was DCB Ltd they should continue to use that new address, they had no liability to inform MET or DCB Legal (which is who would raise the court claim based on information from MET). That is I fear where you fell down and why your claim would have a significant chance of failing. You should have been telling MET who owned the alleged debt.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813035 · Replies: 6 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 09:10


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You can still seek to have the case reopened which will reverse the judgement, by paying now you avoid having a CCJ on your credit file if that attempt to re-open fails.

I believe the only way you can revers that now is via a set aside application costing over £250 (not sure of the current rate as I think it's just gone up), with no guarantee of success that may be throwing good money after bad I'm afraid.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813026 · Replies: 18 · Views: 186

The Rookie
Posted on: Tue, 9 Apr 2024 - 08:56


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QUOTE (flopper @ Mon, 8 Apr 2024 - 11:45) *
I was of the understanding that the blue badge system was not applicable in private car parks, not that I would condone intentionally inconveniencing anyone, so not sure where I stand.

Is there any legs in contesting this in court or are the PPCs throwing sufficient resources at it to make challenging these charges not cost effective.

Aside from the fact that these charges are completely unfair and a blatant scam I understand the process doesn't really take that into account so what can I expect next?

Faulty understanding as explained already

No legs on that argument at all, instead you need real legal arguments.

Some would say using a Disabled bay when not entitled to was also unfair maybe, this is relevant to my last point below.

So
1/ Let's see a copy of the original notice, is it PoFA compliant.
2/ Were the signs there to be seen
3/ Were the signs capable of forming an enforceable contract
4/ Were the bays themselves adequately conveyed (they usually are)
5/ Does the driver (or a passenger) have a 'protected characteristic' that would justify using the disabled bay?
(Read the FAQ on hosting images, using an external host such as IMGBB)

Judges I think will be less receptive of a 'technical defence' to an abuse such as this than to a merely technical infringement which had little possibility of impacting anyone else.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1813025 · Replies: 12 · Views: 0

The Rookie
Posted on: Tue, 9 Apr 2024 - 07:37


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The gantry in my link never had any camera mounting at all, just deterrent value.
  Forum: The Flame Pit · Post Preview: #1813018 · Replies: 10 · Views: 0

The Rookie
Posted on: Mon, 8 Apr 2024 - 14:54


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QUOTE (Benji3101 @ Mon, 8 Apr 2024 - 15:49) *
So not sure an why these were not acknowledged



QUOTE (The Rookie @ Mon, 8 Apr 2024 - 15:46) *
QUOTE (Benji3101 @ Mon, 8 Apr 2024 - 15:36) *
I was hoping the statutory declaration would allow me pay the original FNP amount, but it looks like it'll only take it back to the beginning of court proceedings?

There was never an FPN, it was a penalty offer (not of a fixed amount) to dispose of the allegation, but correct the SD will only take you back to the summons stage, the penalty offer is off the table.


Thanks for the confirmation, now I have a situation where I have a date for a statutory declaration which I don't want anymore! Can these be cancelled at all?

Can't say why none were acknowledged but if they aren't you're expected to try again.

Just call the court in question and cancel the appointment!
  Forum: Speeding and other Criminal Offences · Post Preview: #1812974 · Replies: 18 · Views: 0

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