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Jlc
Posted on: Yesterday, 18:48


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Verge parking

The thread I was referring too...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418866 · Replies: 5 · Views: 49

Jlc
Posted on: Yesterday, 18:18


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10% of the fine, min £30. Perhaps they added £5 on to round up the total... laugh.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #1418855 · Replies: 17 · Views: 1,013

Jlc
Posted on: Yesterday, 17:13


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They do lose in court but will take it all the way. There was a case on here a while back - I'll see if I can dig it out.

QUOTE (Iliketurtles @ Sat, 22 Sep 2018 - 17:57) *
I know that my vehicle was not obstructing any other vehicle as the parking ticket suggests

An element of subjectivity perhaps...

QUOTE (Iliketurtles @ Sat, 22 Sep 2018 - 17:57) *
I dont know how to progress at this point?

Acknowledge the claim and start pulling your defence together. (Enter a blank defence at the moment)

...and some irony.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418838 · Replies: 5 · Views: 49

Jlc
Posted on: Yesterday, 16:03


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The time may not be 100% spot on.

Are you saying you didn’t pass through the location given at all?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418828 · Replies: 3 · Views: 137

Jlc
Posted on: Yesterday, 12:24


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They will reject any appeal you make.

Indeed, the charges are potentially enforceable at court following ParkingEye v Beavis.

Do the charges make reference to the Protection of Freedoms Act on the reverse? Is there still time to appeal?

You state you overstayed many times previously - perhaps this type of behaviour caused them to introduce the controls. It’s not entrapment...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418807 · Replies: 2 · Views: 57

Jlc
Posted on: Yesterday, 10:54


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A fixed penalty (3 points £100) would be issued for up to 25mph over the limit if caught.

Sounds too fast for a course - up to +10%+9mph inclusive.
  Forum: The Flame Pit · Post Preview: #1418794 · Replies: 1 · Views: 144

Jlc
Posted on: Yesterday, 09:12


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That excess is just into the top band for sentencing. It can only be dealt with at court. However, there's a high chance that it will not require attendance and will be dealt with via post resulting in 6 points.

There will be a fine of 1 week's earnings, costs of £85 and surcharge of 10% of the fine (min £30).

They may consider a short ban though and may well request attendance.

The bench can consider circumstances but you can only influence the outcome - there's no strict process (like totting) to consider hardship. The Single Justice Procedure will allow a short written statement.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418776 · Replies: 2 · Views: 168

Jlc
Posted on: Yesterday, 08:36


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Kangaroo special - EvL doesn't work in civil court and the burden (balance of probabilities) is on the claimant. (Assuming PoFA isn’t being engaged for keeper liability). There is no presumption that the keeper was driving.

There's little you can do until they decide to raise a court claim. Get your ducks in line... they are quite litigious but all part of the pressure tactics...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418765 · Replies: 2 · Views: 41

Jlc
Posted on: Fri, 21 Sep 2018 - 19:36


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Sounds like a 'ghost' ticket to me then.

That is a PCN was placed on your car and then someone removed it...

They have to wait 28 days before accessing the DVLA. They may even have pictures of the PCN on the car.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418714 · Replies: 5 · Views: 88

Jlc
Posted on: Fri, 21 Sep 2018 - 19:15


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Does it claim keeper liability (under Protection of Freedoms Act)?

Are you the registered keeper?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418708 · Replies: 5 · Views: 88

Jlc
Posted on: Fri, 21 Sep 2018 - 13:30


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Good point, the 14 days isn't always applicable...
  Forum: Speeding and other Criminal Offences · Post Preview: #1418634 · Replies: 26 · Views: 1,019

Jlc
Posted on: Fri, 21 Sep 2018 - 11:50


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That's good news. You do seem to have been rather unlucky...
  Forum: Speeding and other Criminal Offences · Post Preview: #1418605 · Replies: 38 · Views: 1,417

Jlc
Posted on: Fri, 21 Sep 2018 - 11:47


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Seems like you weren't caught...
  Forum: Speeding and other Criminal Offences · Post Preview: #1418603 · Replies: 20 · Views: 707

Jlc
Posted on: Fri, 21 Sep 2018 - 10:57


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QUOTE (Sheffield Dave @ Fri, 21 Sep 2018 - 11:53) *
Arguably the first driver could enter a contract where s/he promises that the vehicle won't return, regardless of who drives it second time round. The second driver wouldn't be liable. Depends on the signs of course.

It would be good to see the exact wording but the rejection simply says 'no return with X hours'. So it may be ambiguous - claiming it applies to the vehicle would not be logical when contracts are formed by drivers.

But, hey, this is private parking so they'll say anything to get the cash - I too reckon the IAS will come up with something creative to say the charge is due; such as the first driver accepted the terms and should have told all the potential subsequent drivers...!

Any court should kick it into touch though but it's all part of the routine to apply pressure.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418588 · Replies: 31 · Views: 834

Jlc
Posted on: Fri, 21 Sep 2018 - 10:47


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Start by asking the IPC to confirm their membership status.

Personally, I think the DVLA will be accessed but we're not sure by who right now. I'm favouring giving keeper details before they access the DVLA to frustrate that process but there's a chance they won't be able to access the DVLA or will make a pigs ear of keeper liability (under PoFA).

Not sure if this is bluster:
QUOTE
If the parking charge notice is not paid, the owner of the vehicle will receive a series of letters requesting payment. If payment for the parking charge notice in not received at this stage, the case is passed to a Debt Collection Agency who will continue to chase payment. After a period of time if the debt remains unpaid, the agency will issue a Final Arrears Notice.

From 1 August 2016 any payment still outstanding with the Debt Collection Agency following a Final Arrears Notice, will be passed to the University’s solicitor who will issue a Letter of Claim. If there is no payment made within 14 days of the date of this letter a Claim will be made and an additional £50 added to the amount of the outstanding payment to cover costs. If payment is not made within 14 days of the date of the Claim, a County Court Claim will be issued against the motorist.


They seem to have started with the 'owner' (there's no register of owners) but end up taking the 'motorist' to court. I wonder how they'll do that...?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418584 · Replies: 43 · Views: 654

Jlc
Posted on: Fri, 21 Sep 2018 - 10:38


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QUOTE (southpaw82 @ Fri, 21 Sep 2018 - 11:35) *
Depends on whether the offence in question requires an NIP at all.

It's DWDCA (Careless), so yes.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418578 · Replies: 26 · Views: 1,019

Jlc
Posted on: Fri, 21 Sep 2018 - 10:27


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QUOTE (Dr.E @ Fri, 21 Sep 2018 - 09:59) *
Surely they have to write to the registered keeper (lease company) within 14 days?

They may have done already? There is also an exception to the 14 day 'rule' under s2(3) of RTOA 1988 - but we don't know enough.

But regardless, s172 requests are not time limited...
  Forum: Speeding and other Criminal Offences · Post Preview: #1418573 · Replies: 26 · Views: 1,019

Jlc
Posted on: Fri, 21 Sep 2018 - 09:28


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B P U Parking Enquiries
PO Box 597
NORTHAMPTON
NN4 7XN

BPU is apparently Business Partnership Unit - nothing I've ever heard of...

Good news is that the privacy notice says the keeper information is only obtained from the DVLA (and not from student/staff records for example).

QUOTE (kommando @ Fri, 21 Sep 2018 - 10:22) *
Car Parking Partnership

Who must be doing the DVLA access.

Ah!

ParkingEye Ltd T/as Car Parking Partnership (CPP)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418552 · Replies: 43 · Views: 654

Jlc
Posted on: Fri, 21 Sep 2018 - 08:54


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As leased, there doesn't appear to be a 'late' argument.

However, the s172 process doesn't have this time requirement. But it does appear it hasn't been served on a particular person.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418535 · Replies: 26 · Views: 1,019

Jlc
Posted on: Fri, 21 Sep 2018 - 08:52


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I still think it's (far) too long.

Also, of interest could be this. The reduction of the 6 month ban can be to none (which is what people really want) but there is latitude for a smaller period under certain circumstances if the bench think it is appropriate.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418532 · Replies: 66 · Views: 2,746

Jlc
Posted on: Thu, 20 Sep 2018 - 20:02


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What's the alleged offence?

What other detail does it give, such as car registration?

Are you the registered keeper?
  Forum: Speeding and other Criminal Offences · Post Preview: #1418420 · Replies: 26 · Views: 1,019

Jlc
Posted on: Thu, 20 Sep 2018 - 15:59


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QUOTE (ManxRed @ Thu, 20 Sep 2018 - 16:46) *
If you're operating a parking scheme, you need to be a member of an ATA, regardless of the application method. Read the document I linked to.

Indeed, that's the theory but as noted earlier some institutions are operating outside of this and no one seems to be too bothered about it...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418390 · Replies: 43 · Views: 654

Jlc
Posted on: Thu, 20 Sep 2018 - 15:56


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QUOTE (NAC1960 @ Thu, 20 Sep 2018 - 16:46) *
Looks like I was going faster than I had thought.

That is the most likely explanation. They are not 100% foolproof mind but it's not an easy task to challenge (especially as you know you were exceeding the limit).
  Forum: Speeding and other Criminal Offences · Post Preview: #1418389 · Replies: 10 · Views: 263

Jlc
Posted on: Thu, 20 Sep 2018 - 15:34


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QUOTE (NAC1960 @ Thu, 20 Sep 2018 - 16:25) *
I understand that laser guns work by measuring the time taken for the beam to be reflected from the target vehicle. If the beam is partially reflected from an object closer than the target vehicle the time of reflection will reduce and give an overestimation of the target velocity.

It's a bit more complicated than that. It's actually a series of pulses that need to significantly corroborate to confirm the speed.

It's possible the exact conditions occurred to 'fool' the measurement but unless there's a blatant error in the video the onus would be for you to demonstrate this actually occurred rather than it could have occurred.
  Forum: Speeding and other Criminal Offences · Post Preview: #1418382 · Replies: 10 · Views: 263

Jlc
Posted on: Thu, 20 Sep 2018 - 15:18


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Indeed, what appeal options are given, if any?

I'm torn between appealing just before 28 days (as the keeper) to frustrate any possible keeper liability process or actually waiting to see if they do access the DVLA and what they subsequently claim.

Using existing data (if they have it) for parking 'enforcement' may be pushing legitimate use - I wonder if any privacy notice states this use... However, if the issuing of a degree is involved we have seen them withheld for 'outstanding debts'.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418377 · Replies: 43 · Views: 654

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