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Jlc
Posted on: Today, 20:20


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They don't have to calculate the charge. (ParkingEye v Beavis)

And they are BPA members and not IPC.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434755 · Replies: 13 · Views: 341

Jlc
Posted on: Today, 17:40


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Which parking company?

POPLA may well conclude the charge was ‘issued correctly’ - definitely don’t mention genuine pre-estimate of loss!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434727 · Replies: 7 · Views: 76

Jlc
Posted on: Today, 17:35


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EDIT: ostell has supplied the wording - so easy peasy.

QUOTE (penexpers @ Fri, 16 Nov 2018 - 17:33) *
So you're saying by virtue of them not including that one line the PCN is null and void?

Not null and void - but they can only pursue the driver but have written to the keeper. How will they know who was driving?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434722 · Replies: 7 · Views: 70

Jlc
Posted on: Today, 17:30


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First of all it’s smart. So laugh.

Then laugh some more and tell them that they’ve issued a non-PoFA compliant PCN and cannot hold you liable.

Don’t think they’ll uphold any reasonable appeal. They won’t.

You have an easy win if you play it right. Look at recent smart threads for some typical wording.

Then await their cancellations. And don’t forget to laugh. Oh, and get a ticket next time to save the hassle.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434719 · Replies: 7 · Views: 70

Jlc
Posted on: Today, 16:10


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QUOTE (The Rookie @ Fri, 16 Nov 2018 - 15:23) *
Depends on how long before, as ‘reasonably’ the Police reply in the PNC which is usually one day behind the DVLA AIUI.

Indeed, it's likely the OP has no case but best to see what the facts are first.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434698 · Replies: 6 · Views: 217

Jlc
Posted on: Today, 15:15


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QUOTE (BaggieBoy @ Fri, 16 Nov 2018 - 14:25) *
QUOTE (Jlc @ Fri, 16 Nov 2018 - 13:12) *
The Force will likely assert that they've complied with the necessary timeframes and you do not have a '14 day defence'. (But let's establish some facts first)

Based on the OP, the previous owner received a NIP 10 days after the offence. So clearly the 14 day has been complied with.

Yes, spotted that. But the OP says they updated their details prior to the alleged incident. (My hunch is the DVLA did not actually immediately update the records, thus the question about the v5)

But what if the DOCREF date is actually before the alleged incident?
  Forum: Speeding and other Criminal Offences · Post Preview: #1434686 · Replies: 6 · Views: 217

Jlc
Posted on: Today, 13:36


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QUOTE (buslane @ Fri, 16 Nov 2018 - 13:20) *
The doctors surgery is adjacent to the supermarket car park entrance and it has its own but clearly inadequate parking facility!

...which makes a 'complaint' to the shop difficult.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434663 · Replies: 5 · Views: 62

Jlc
Posted on: Today, 13:15


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QUOTE (buslane @ Fri, 16 Nov 2018 - 12:17) *
If these PCN's were legal and enforceable then we would be bang to rights but I wondered what the current state of play was and if we can avoid paying?

They potentially are (ParkingEye v Beavis) but I wouldn't throw the towel in here.

They will be operating a 10 minute grace period and you've only just missed out. (But as noted there's an unspecified amount of time to read and accept the contract)

But it's not clear if the car park is supposed for the Doctor's surgery? (Just says Homebargains?)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434656 · Replies: 5 · Views: 62

Jlc
Posted on: Today, 13:12


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What date is at the bottom of page 2 of your v5 in DD MM YY format as documentation reference?

QUOTE (mk1 @ Fri, 16 Nov 2018 - 12:47) *
as a follow up, if i contest the NIP with the RAC letter (shown in the aforementioned thread), do i immediately deny myself the option of receiving the speed awareness course instead?

Regardless, the driver needs to be named. The Force will likely assert that they've complied with the necessary timeframes and you do not have a '14 day defence'. (But let's establish some facts first)

You can only informally challenge which shouldn't impact your chance of a course or fixed penalty - but a formal challenge would be at court and only court sentencing would then apply if found guilty.

There's also a 4 month requirement for courses to be taken - so any delays could impact the offering of one.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434654 · Replies: 6 · Views: 217

Jlc
Posted on: Today, 10:27


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It's in the roboclaim queue. A claim will likely follow.

So you've had this letter for almost a month and done nothing? You should have used the enclosed forms.


There's no such thing as 'guilty' - but I'd still defend it on the basis that you could not comply with the contract on offer and left, i.e. there was no contract.

It would be good to see the signs - the £60 additional charge can easily be challenged.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434602 · Replies: 13 · Views: 341

Jlc
Posted on: Today, 07:53


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The documentation ref date is at the bottom of page 2 of your v5c.

The date (in DD MM YY format) is when the DVLA updated your details - if the police requested details before this date then your previous address would be returned and then they will appear to have complied with the ‘14 day rule’.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434589 · Replies: 7 · Views: 270

Jlc
Posted on: Yesterday, 19:10


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QUOTE (AfterAdviceSP50 @ Thu, 15 Nov 2018 - 18:38) *
Would you hold of doing anything on changing a car until knowing the outcome?

In what respect? Insurance impact?
  Forum: Speeding and other Criminal Offences · Post Preview: #1434484 · Replies: 9 · Views: 309

Jlc
Posted on: Yesterday, 18:04


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You may not hear anything until 2019...
  Forum: Speeding and other Criminal Offences · Post Preview: #1434461 · Replies: 9 · Views: 309

Jlc
Posted on: Wed, 14 Nov 2018 - 21:50


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You'll have to pay £255 for the set aside application - and there's no guarantees that will be granted.

You will have to show why the judgment should be set aside (that you did not receive the paperwork required to defend properly) and that you have a reasonable prospect of success.

But on the face of it you haven't given a robust defence - 'there was nowhere else to park' isn't going to cut it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434191 · Replies: 11 · Views: 162

Jlc
Posted on: Wed, 14 Nov 2018 - 21:46


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You need to familiarise yourself with the court process - look here. Northampton is simply the administrative centre and the case will be allocated to a court of your choosing later in the process.

You may wish to consider counterclaiming to prevent them simply discontinuing later down the line when they realise...

  Forum: Private Parking Tickets & Clamping · Post Preview: #1434189 · Replies: 14 · Views: 154

Jlc
Posted on: Wed, 14 Nov 2018 - 21:44


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QUOTE (misseyy @ Wed, 14 Nov 2018 - 21:30) *
I think you have misunderstood, we have been in a six year dispute

Not sure what you're asking - but the point remains is that they'll continue to issue tickets and sue until the cows come home.

If they are operating out of their remit then you may have to seek an injunction to stop them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434187 · Replies: 8 · Views: 90

Jlc
Posted on: Wed, 14 Nov 2018 - 21:04


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Does the company hold the v5? (And have you seen it?)

There's quite often a lease firm first...

QUOTE (western57 @ Wed, 14 Nov 2018 - 20:58) *
I will write to the enforcement unit and advise of these date errors.

Regardless, the request for the driver identity is still valid even if the NIP was 'late'.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434168 · Replies: 2 · Views: 128

Jlc
Posted on: Wed, 14 Nov 2018 - 21:02


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QUOTE (The Rookie @ Wed, 14 Nov 2018 - 21:00) *
...any subliminal message set by changing the order the ban and points are presented.

Yes, indeed. A 'ton' nowadays is not an automatic ban but is still possible.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434166 · Replies: 9 · Views: 309

Jlc
Posted on: Wed, 14 Nov 2018 - 21:00


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That was only a list of items that could constitute a defence - I can't comment on whether these elements are true in your situation.

Defences aren't 'granted' - in the normal course of events the matter will go to a hearing. You should familiarise yourself ASAP with the MCOL process.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434165 · Replies: 10 · Views: 153

Jlc
Posted on: Wed, 14 Nov 2018 - 20:53


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What is the alleged crime? (Looks like Premier Inn have nothing to do with that car park?)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434159 · Replies: 12 · Views: 123

Jlc
Posted on: Wed, 14 Nov 2018 - 20:51


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It will likely see 6 points but a short ban is possible. A fine of around one week's earnings, costs of £85 and a surcharge of 10% of the fine - all presuming you'll be pleading guilty.

You should receive an option to submit a postal plea first but it may result in them requiring your attendance at court to consider a short ban.

QUOTE (AfterAdviceSP50 @ Wed, 14 Nov 2018 - 20:47) *
Not heard anything more, chased up as suggested apparently with the magistrates..

They have 6 months to start a prosecution. You don't mention when this was.

QUOTE (AfterAdviceSP50 @ Wed, 14 Nov 2018 - 20:47) *
.. seek advise from a solicitor?
Anyone represented themselves?

For a simple guilty plea there's probably little mileage in getting representation.
  Forum: Speeding and other Criminal Offences · Post Preview: #1434157 · Replies: 9 · Views: 309

Jlc
Posted on: Wed, 14 Nov 2018 - 20:37


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QUOTE (misseyy @ Wed, 14 Nov 2018 - 20:08) *
I really need a robust response so they can leave me alone.

There is none. A claim will follow.

It's all part of the roboclaim / intimidation process.

What does your lease say, exactly, about parking? However, you must use the PAP to your advantage.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434152 · Replies: 8 · Views: 90

Jlc
Posted on: Wed, 14 Nov 2018 - 20:35


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QUOTE (orange86 @ Wed, 14 Nov 2018 - 20:06) *
Can i appeal to Parking Eye and say i was staying at Premier Inn (provide my booking details), explaining what happened or is there another appeal i can take?

Of course, but do you think they'll accept that appeal? (Clue, they're in it for the money)

Did the PCN arrive within 14 days?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434151 · Replies: 12 · Views: 123

Jlc
Posted on: Wed, 14 Nov 2018 - 20:34


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QUOTE (p123 @ Wed, 14 Nov 2018 - 19:34) *
What should I do??

Stop attempting to pay or contact them.

For starters in Scotland there's no keeper liability - but you may have already compromised yourself?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434149 · Replies: 8 · Views: 82

Jlc
Posted on: Wed, 14 Nov 2018 - 18:52


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QUOTE (letsfightback @ Wed, 14 Nov 2018 - 16:21) *
So what could a good defence?

The driver didn’t breach the terms.
The operators do not have sufficient rights granted to them by the landholder.
Insufficient signage. (Possibly forbidding and not offering a contract)
Lack of keeper liability.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434115 · Replies: 10 · Views: 153

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