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Likeliness of going to Court if Company rather than Individual?
wonkydonk
post Mon, 6 Jul 2020 - 16:22
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Good afternoon all,


Received the expected letter from Debt Recovery Plus today after a failed (surprise!) appeal from UKCPM. Going to follow the overwhelming advice from here and MSE about ignoring it and waiting to see if they have the cojones to take it to court, but my question is this: The registered keeper is a small(ish) but very healthy business (according to accounts on companies house). Would this make it more likely for them to take us to court? I will contest regardless as I don't believe a ticket should've been given (more details can be given on this if anyone wants it), I just want a rough idea on peoples experience/views.

Thanks in advance.

Jamie
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post Mon, 6 Jul 2020 - 16:22
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ostell
post Mon, 6 Jul 2020 - 16:48
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It all depends on the original NTK, the circumstances and what was in the appeal. Perhaps you can give the circumstances

Yes, debt collectors are ignored.

This post has been edited by ostell: Mon, 6 Jul 2020 - 16:50
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Umkomaas
post Mon, 6 Jul 2020 - 17:52
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UKCPM are the country's most litigious operator and don't need any excuse to issue proceedings - whether to snatch a tiny bit of a healthy company's profit line or to send a vulnerable old person close to the edge financially and emotionally. They are totally indiscriminate.
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Slapdash
post Mon, 6 Jul 2020 - 18:02
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I believe that it may he more difficult to get your choice of court if the claim is against a business.
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wonkydonk
post Mon, 6 Jul 2020 - 19:17
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QUOTE (ostell @ Mon, 6 Jul 2020 - 17:48) *
It all depends on the original NTK, the circumstances and what was in the appeal. Perhaps you can give the circumstances


Small parade of shops offset from the main road with bay parking and double yellows. Driver hopped out the van with hazards on to deliver to a shop, was stopped for 3-5 minutes on the double yellows. My boss (who was looking after the fleet before he passed the responsibility to me) appealed on the grounds that he was delivering but was unsuccessful. The sign does say about parking in bays but our argument is that he was unloading goods.

I’m willing to fight it all the way to court (if it gets there) but my boss isn’t so confident. Opinions and advice is welcome.
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ostell
post Mon, 6 Jul 2020 - 19:49
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DYL permit stopping, the driver was not parking and had no intention if oarking. Post up a redacted copy of the NTK but leave dates. If you can post photos of the signs.
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wonkydonk
post Mon, 6 Jul 2020 - 19:55
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QUOTE (ostell @ Mon, 6 Jul 2020 - 20:49) *
If you can post photos of the signs.


Will do this in the morning (as I’m at home now). Photo of signs aren’t on NTK but should be able to pull it from google.
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wonkydonk
post Tue, 7 Jul 2020 - 08:28
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Good morning,

Image of NTK reminder is Here

You can see in the 2 pictures that the hazards are on. Additionally, there was no windscreen ticket. The original NTK has writing scrawled across is so it was far easier to redact info from the reminder.

Car park can be found here Streetview

Can provide more info if required.

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KH_
post Tue, 7 Jul 2020 - 08:41
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It looks to me from satellite view that deliveries are only through the front door anyway, so as long as you have a delivery manifest I can't see a court arguing that you were parked.
Plus, if you were delivering and there was a parking space free it says shoppers only across the railing, so you couldn't stop there as a deliverer anyway smile.gif

This post has been edited by KH_: Tue, 7 Jul 2020 - 11:27
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The Rookie
post Tue, 7 Jul 2020 - 08:48
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QUOTE (KH_ @ Tue, 7 Jul 2020 - 09:41) *
I can't see a court arguing that you weren't parked.

Eh?

So the writing by the bays says shoppers only, so clearly deliveries have to be on the other side.

Still need a photo of the sign.

Jopson V Homeguard was about deliveries, while a residential case I think it has strong similarities to this, the tenant (the shop) has a reasonable expectation that deliveries can occur.


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There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

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wonkydonk
post Tue, 7 Jul 2020 - 08:49
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QUOTE (KH_ @ Tue, 7 Jul 2020 - 09:41) *
so as long as you have a delivery manifest I can't see a court arguing that you weren't parked.


Now the only sticky part of that is this. We are a food wholesaler, selling to restaurants and caterers across Britain, you can see from the date that the PCN was issued just after lockdown, meaning our customer base dropped to 10% overnight. In an attempt to push some stock out the door we loaded up one of our van full of goods and drove to various European shops around London and tried our luck. So it wasn't a pre-planned delivery with a SO or Invoice, but regardless, we have signs in the windscreen saying delivery in progress etc and we was stopped for a few minutes.

This post has been edited by wonkydonk: Tue, 7 Jul 2020 - 08:54
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KH_
post Tue, 7 Jul 2020 - 11:27
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QUOTE (The Rookie @ Tue, 7 Jul 2020 - 09:48) *
QUOTE (KH_ @ Tue, 7 Jul 2020 - 09:41) *
I can't see a court arguing that you weren't parked.

Eh?




My bad, mistype, I meant were parked.
It's corrected now smile.gif
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The Rookie
post Tue, 7 Jul 2020 - 11:43
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The court doesn't argue, the protagonists do that, so presumably you mean accept/agree?


--------------------
There is no such thing as a law abiding motorist, just those who have been scammed and those yet to be scammed!

S172's
Rookies 1-0 Kent

Council PCN's
Rookies 1-0 Warwick
Rookies 1-0 Birmingham

PPC PCN's
Rookies 10-0 PPC's
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KH_
post Tue, 7 Jul 2020 - 13:05
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QUOTE (The Rookie @ Tue, 7 Jul 2020 - 12:43) *
The court doesn't argue, the protagonists do that, so presumably you mean accept/agree?

I'm sure you knew (or could work out) what I meant Rookie, lets not get all technical...
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