Posted on: Sun, 30 Jul 2017 - 07:45 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
I've been frantically busy this week Thanks for bumping this thread so I can find it to write the defence this evening |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304618 · Replies: 203 · Views: 37,260 |
Posted on: Sun, 30 Jul 2017 - 07:38 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
There's a court case at the moment where the driver was demonstrating a car on a farm track and lost control, killing a young passenger There are numerous examples of write-offs by hirers This is hardly a surprise Most drivers have only ever driven front-wheel drive cars and have no experience of the different behaviour of rear wheel drive under power I recall one company, possibly Lamborghini, that wouldn't sell a car unless it had put the buyer through its driving course |
Forum: News / Press Articles · Post Preview: #1304616 · Replies: 3 · Views: 1,721 |
Posted on: Sat, 29 Jul 2017 - 08:14 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
My source at another hire company has been checking if there is anything awkward to be discovered if it's investigated There's a rebate from the repairers that it believes to be fairly standard but not a culture of inventing or inflating damage Has previously told me that damage is unwelcome because the car isn't earning |
Forum: News / Press Articles · Post Preview: #1304401 · Replies: 13 · Views: 3,730 |
Posted on: Sat, 29 Jul 2017 - 07:59 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
This provides an extra incentive for the Government to pursue its plans announced in May to reduce the motorway speed limit to 60 mph in heavily polluted sections These are, of course, usually the sections where it's difficult to reach 60 mph It will be interesting to see if compressing the speed of traffic into a narrow range will increase average speeds by reducing ripple-effect traffic jams when a driver brakes |
Forum: News / Press Articles · Post Preview: #1304399 · Replies: 43 · Views: 11,235 |
Posted on: Sat, 29 Jul 2017 - 07:42 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
What do you have in mind Neil ? Refer the Charge Certificate to the Head of Parking that it's not in the public interest to pursue or wait for the Order for Recovery ? If the latter, it's not obvious which grounds to use when the Order for Recovery arrives - Procedural Impropriety or Made appeal but no response I would, on balance, go with the PI and state clearly that he followed the council's instructions not to make an appeal at the time and was entitled to rely on them The council should have told him to file an "I was not the owner" appeal that would be on file and the proof could be sorted out later |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1304396 · Replies: 9 · Views: 1,010 |
Posted on: Fri, 28 Jul 2017 - 19:20 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
For now just the Acknowledgement of Service You dispute the whole of the claim This gives you an extra 14 days to prepare the defence statement DO NOT put anything at all in the defence box |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304341 · Replies: 106 · Views: 42,956 |
Posted on: Fri, 28 Jul 2017 - 18:04 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Never ring a parking company Tell UKCPS that the address for the registered keeper that is held by the DVLA is no longer current. The correct address is *** Add that, if they issue a claim to the old address and obtain a default judgment as a result, the letter will be relied on to hold them liable for the full cost of a set-aside as well as any damages that may result. Question : Is it an actionable breach of the Data Protection Act to knowingly send demands for payment to the wrong address ? |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304325 · Replies: 16 · Views: 2,242 |
Posted on: Fri, 28 Jul 2017 - 17:54 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
The location is very badly signed so include that in the appeal Phrase it that you have inspected the site so they can't argue that you must have been the driver or you wouldn't have known |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304322 · Replies: 8 · Views: 6,680 |
Posted on: Fri, 28 Jul 2017 - 14:34 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
It's Civil Enforcement Woodford Road, Bramhall |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304263 · Replies: 8 · Views: 6,680 |
Posted on: Fri, 28 Jul 2017 - 13:30 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Yes As previously discussed, the parties have been evasive You can therefore issue a claim against all of them and the court can unravel the deliberate confusion |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304235 · Replies: 292 · Views: 120,912 |
Posted on: Fri, 28 Jul 2017 - 13:25 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
You've just created a huge problem for Park Direct and Gladstones In the event of a claim, Park Direct would have to explain why it paid £60 for its debt collector to send a forged letter It can't deny knowledge of the letter when its solicitor has a copy of it and has refused to confirm it as genuine As a solicitor, Gladstones' first duty is to the court, not its client It would have to explain why it brought a claim that it knew to include a sum founded on an illegal document |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304232 · Replies: 11 · Views: 2,352 |
Posted on: Fri, 28 Jul 2017 - 13:07 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
It looks like the car in front of you turning right into Salisbury Road left the signalling very late but don't think it provides a defence Tinypic resizes pictures but you could give it a sporting chance by rescanning the PCN at 72 dpi |
Forum: Council Tickets & Clamping and Decriminalis... · Post Preview: #1304224 · Replies: 20 · Views: 5,086 |
Posted on: Fri, 28 Jul 2017 - 11:41 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
The reason to tell the OP what he's looking for and where so he doesn't look foolish |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304203 · Replies: 20 · Views: 3,511 |
Posted on: Fri, 28 Jul 2017 - 11:08 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
To enquiries@gladstonessolicitors.co.uk Dear Sirs Ref ***** I have received the attached letter Would you please confirm by return if it was sent by your company ? In order not to compromise you, I am content to draw the obvious conclusion if you choose not to reply Thank You and Best regards |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304190 · Replies: 11 · Views: 2,352 |
Posted on: Fri, 28 Jul 2017 - 08:58 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Premier Park won't have a copy of the lease agreement It will release redacted copies of its landowner contracts if parking notices are appealed to POPLA More accurately, it will release the contracts if they drafted them itself and they're watertight If not, it will submit witness statements that it signed itself on behalf of the landowner See the faq about using tinypic to host pictures |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304122 · Replies: 48 · Views: 7,496 |
Posted on: Fri, 28 Jul 2017 - 08:51 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
The Minster Baywatch POPLA code starts with 411 and would normally be in Para #2 of the rejection letter Very surprising that MB is still a member of the British Parking Association and not the IPC |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304121 · Replies: 20 · Views: 3,511 |
Posted on: Fri, 28 Jul 2017 - 08:36 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Very much so The courts do not like legal arguments in witness statements They're often an attempt at an ambush |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304115 · Replies: 205 · Views: 37,519 |
Posted on: Fri, 28 Jul 2017 - 08:30 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
an outline of no more than an A4 as to why there is the prospect of the original claim being defended. Thanks for that timely information I've got to write two set asides today and would otherwise have included the usual five page defences |
Forum: Private Parking Tickets & Clamping · Post Preview: #1304113 · Replies: 8 · Views: 2,676 |
Posted on: Thu, 27 Jul 2017 - 16:58 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Wonder if the 20 mph zones will be removed if they cause increased pollution Local councils are usually blind and deaf to any suggestion that a speed limit should ever be increased, but logically they should weigh up the number of road deaths against the number of deaths caused by respiratory disease and go with the decision that minimises deaths. A more relevant figure would be the loss of years of expected life Premature deaths from pollution officially out-number road deaths by more than 10:1 (23 000+ v less than 2 000) I'm curious how it's defined because, if pollution affects everyone's health, most of us will have our lifespans shortened by at least a few days "Premature" deaths could therefore in theory be numbered in the *00 000s |
Forum: The Flame Pit · Post Preview: #1303995 · Replies: 9 · Views: 3,918 |
Posted on: Thu, 27 Jul 2017 - 14:37 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
This is what's known as a double-dip error You've acted reasonably by responding to the parking notice Debt collectors can be safely ignored so I would do nothing until a genuine Letter Before Action arrives from Gladstones Solicitors It will have a reference number 1*****.*** A fake Gladstones letter has the same reference as the debt collector letters You could start to lay the paper trail by complaining to the DVLA that Minster Baywatch applied for your details without reasonable cause |
Forum: Private Parking Tickets & Clamping · Post Preview: #1303954 · Replies: 20 · Views: 3,511 |
Posted on: Thu, 27 Jul 2017 - 14:34 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
CEL won't respond As already stated, the options are to pay the claim within a month of the judgment or pay £255 to have it set aside Some background would be useful |
Forum: Private Parking Tickets & Clamping · Post Preview: #1303952 · Replies: 8 · Views: 2,676 |
Posted on: Thu, 27 Jul 2017 - 13:45 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
If anyone genuinely believed that man-made global warming was the worst thing facing humanity, would unnecessary travel in private vehicles be permitted at all ? |
Forum: News / Press Articles · Post Preview: #1303934 · Replies: 43 · Views: 11,235 |
Posted on: Thu, 27 Jul 2017 - 13:30 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Wonder if the 20 mph zones will be removed if they cause increased pollution |
Forum: The Flame Pit · Post Preview: #1303928 · Replies: 9 · Views: 3,918 |
Posted on: Thu, 27 Jul 2017 - 11:07 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
The assessors working for the new provider of the POPLA service are not legally trained One rejection I received said that considering the legal issues raised was a matter for a court, not an assessment A message I've recently received from POPLA says that the duty of the assessor is to determine if the parking notice was correctly issued I haven't had a reply to a request to clarify if this differs from "Old POPLA" that determined if the payment was legally owned A few months ago there appeared to be a division between assessors using the two different tests It's increasingly clear that this confusion has been resolved and whether the payment is actually owed is no longer relevant In my view, appealing to POPLA is in most cases no longer in the motorist's interest It is like an IAS appeal - all it achieves is hand the parking company a decision to wave in court |
Forum: Private Parking Tickets & Clamping · Post Preview: #1303890 · Replies: 13 · Views: 1,422 |
Posted on: Thu, 27 Jul 2017 - 10:56 | |
Member Group: Members Posts: 22,678 Joined: 23 Mar 2009 Member No.: 27,239 |
Yes The Debt Purchased Letter Before Action says who sold it although it probably won't include the Parking Notice number |
Forum: Private Parking Tickets & Clamping · Post Preview: #1303884 · Replies: 83 · Views: 11,561 |
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