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nosferatu1001
Posted on: Today, 13:42


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I would go furhter, and state that the siigns show Excel FULL COMPANY NAME (company registrastion number...) is the party ofering the alleged contract, and the claimant VCS FULL COMPANY NAME (company registration number) cannot have any standing as they are a stranger to that contract. THis is confirmed by claimants evicnec GIVE REFERENCE.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434667 · Replies: 23 · Views: 409

nosferatu1001
Posted on: Today, 13:39


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LIterally every thread says not to give aweay the drivers identity, yet you keep on doing it

Respond to the LBC, same as you see in every thread
PRepare for a claim, as it WILL happen, and do so by reading around.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434666 · Replies: 13 · Views: 341

nosferatu1001
Posted on: Today, 13:37


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Yes, you use the forum appeal anyway

What reading abotu have you done, here and on MSE, or are you hoping it will all find its why here?
Research is your friend.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434664 · Replies: 10 · Views: 118

nosferatu1001
Posted on: Today, 13:24


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Yuo can say that, and its up to them to argue otherwise. Dont sell yourself short!

You can aoso say that it insnt a GRACE period, it is a necessary and required period of time; failing to apply one leads to a ludicrous sitaution.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434659 · Replies: 5 · Views: 96

nosferatu1001
Posted on: Yesterday, 13:50


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So they KNEW, or SHOULD HAVE known, the address woudl not be current

You will want:
1) Witness statement supporitn the reason for set aside - lack of service of claim forms ,claimant knew or should have known the address was unlikely to be good due to length of time.
2) DRAFT DEFENCE - 1 page A4. Trivial to do - just use the generic ones, and point out as you have no details you cannot possible defend better than that.
3) DRAFT Order - what you want the court to ORder as a result. THis should be the "six point draft order" you can search fror, where costs are reserved BUT become payable to YOU if they fail to continue the claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434373 · Replies: 24 · Views: 276

nosferatu1001
Posted on: Yesterday, 13:48


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You should also submit a draft Order, which is what you want the courts to do as a result of the hearing. At minimum this sets aside the judgement, resereves costs etc.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434372 · Replies: 5 · Views: 127

nosferatu1001
Posted on: Yesterday, 13:45


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The MSE info tells you to jus tput your name and address in, in old, just below the appeal. Its difficult to miss, unless its skim read.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434370 · Replies: 30 · Views: 904

nosferatu1001
Posted on: Yesterday, 13:44


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Yes but the hearing fee is only £25, so its not worth considering compared to getting rid of all of it

Noone will have had a £15 offer accepted recently, by that point they thought they were going to lose in court, have costs against them so ran away with a "win"
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434368 · Replies: 20 · Views: 434

nosferatu1001
Posted on: Yesterday, 13:36


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What is the DATE OF ISSUE?
Confirm to us you have gone ONLINE and acknowledged the claim form. DO NOT start the defdence. DO NOT contest jurisdiction unless you live outside england and wales.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434367 · Replies: 34 · Views: 2,063

nosferatu1001
Posted on: Yesterday, 13:35


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Statute barred is an *absolute* defence. They cannot work around that.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434366 · Replies: 14 · Views: 154

nosferatu1001
Posted on: Yesterday, 08:55


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October 2018

No, they send out a 60p letter as you might be scared into paying

REdivi has a fantastic "are you kidding me" statute barred letter.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434299 · Replies: 14 · Views: 154

nosferatu1001
Posted on: Yesterday, 08:06


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The driver didnt receive ANYTHING through the post
The keeper did
Because thats literally what it is - a notice to keeper
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434290 · Replies: 7 · Views: 88

nosferatu1001
Posted on: Yesterday, 08:04


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It sets out your legal positoin, which is that you dont owe them anything
It will not work, but it shows you have behaved reaonsably.
You can then warn them tht
1) They are harassing you for no reasonable cause
2) They acessed your personal details (if true) without reasonable cause, breaching the DPA2018
3) They are commiting a trespass against goods by inspecting your vehicle without cause
4) They are tortiously interefering with your lease, by interfering with your RIGHT to peaceable enjoyment of your leased property

All of which comes with damages and you WILL take them to court to recover this, and seek an injunciton against them to prevent them from repeating this.
To avoid being taken to court you require the sum of £250x each DPA breach plus say £500 for interference with lease
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434288 · Replies: 39 · Views: 951

nosferatu1001
Posted on: Yesterday, 07:58


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Well it does say "in preparing a defence" when you have alreayd preparED your (sons) defence
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434287 · Replies: 20 · Views: 434

nosferatu1001
Posted on: Yesterday, 07:55


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Because people assume they are legitimate, or are fooled into thinking theyre similar to fines (they are not!) when in fact they are merely invoices. Nothing more.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434286 · Replies: 8 · Views: 82

nosferatu1001
Posted on: Yesterday, 07:52


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"Yes driver identified by photos."

No, that doesnt identify the driver - they dont know the drivers name.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434285 · Replies: 6 · Views: 128

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 14:56


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You tell them
1) there has not been an appela
2) your appela isl....

3) that the driver has NOT been nominated, and if they disagree you require a copy of the dodcuments showing this alleged nomination
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434042 · Replies: 16 · Views: 319

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:31


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Shame the judge didnt think theiur failure to follow a court order merited exceptional costs for unreasonable behaviour - we should hav epointed you towards it!

The 14 days to pay means theyre in breach of the first order, you oculd start enforcement prceedings against them. For example, if theyve ever given yo ubank account details to pay THEM, you can apply tot he court for the account to be frozen until they pay you!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434030 · Replies: 49 · Views: 3,949

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:28


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Everything and more goes in the defence

1) No keeper liability as no NtK was ever recieved. First notice was the LBC which was ignored as junk mail given there was neither a NtD nor a NtK
2) No breach, a permit was on display having been collected at X time which was a ssoon as practicable after parking. The claimant has not allowed any observation time when they are aware, or shoiuld be aware, of the needfor the permit to be collected

give us a link to the MSE thread, saves us repeatring theirs.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434028 · Replies: 5 · Views: 96

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:25


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Well the KEEPER never identifies the driver, so the KEEPER appelas having first READ and UNDERSTOOD the
MSE Forum
Parking sub forum
NEWBIES thread

and then sends the blue appeal.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434025 · Replies: 4 · Views: 130

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:24


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"The Defendant denies being the driver and/or registered keeper "
How cna you deny being the RK when you are?

6) They dont HAVE to give a NtD, they HAVE to serve a NtK. Was a NtK served?

9) A menu would be theyre going after the defendant as the keeper and or driver, I'm not sure how this is a "menu". It is still NOT a cause of action, that is certain, but a "menu" isnt maybe the right choice.


9) a) - why are you talking about signs, when 9) has nothing whatsoever to do with signs? iv and v are EXACTLY the same! e) talks about Beavis which has NOTHING to do with9

Come on. This bit is not that difficult to work through - sub paragraphs need ot have SOME relaiton to the main paragraph.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1434024 · Replies: 6 · Views: 181

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:14


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"Should the RK either provide an unserviceable name and address of the driver or the named driver denies they were the driver, we may pursue the RK for any PCN amount that remains outstanding on the assumption they were the driver""


What part of that suggests theyre using POFA? NOTHING!
POFA does not need any assumptions as to who the driver was.It just MAKES the keeper liable by virtue of being the keeper. Nothing more

This tells you they are NOT using POFA to hold you liable, but a mere assumption you are the driver. Well, that means theyre not using POFA, AND theyre not compliant with POFA (2 different points) , AND their assumpotion is GARBAGE and courts have told them this in the past.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434022 · Replies: 187 · Views: 20,319

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:12


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No, there is no template

This is a document to help you
Youve left it now, 1pm, far too late to send to the court I would suggest

I told you already - summary of how your defence is amazing, and how their claim is pathetic and doomed to failure. Acts as an aide so you know what youre speaking about tomorrow.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434021 · Replies: 70 · Views: 2,241

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:11


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Well, if you doint know whos they are, you cannot say it was SIPs!
What you can say is that SIP have failed to manage the car park, as these obstructions wouldnt exist, if they were actually *managing* the carpark...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434020 · Replies: 36 · Views: 882

nosferatu1001
Posted on: Wed, 14 Nov 2018 - 13:08


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Doh, tired brain misread
So yes, 9 points and a careful time needed!
  Forum: Speeding and other Criminal Offences · Post Preview: #1434018 · Replies: 35 · Views: 1,754

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