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nosferatu1001
Posted on: Yesterday, 15:50


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Yes
You have to get this done, this weekend. You're on a very short deadline here

Show us what you have
You need about an a4 defence to show you have a reasonable Chance of success.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453459 · Replies: 33 · Views: 2,104

nosferatu1001
Posted on: Yesterday, 11:33


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No, that's absolutely ancient.
Just send the ppc a sar for all your personal data

Then you send a separate request for all documents they will rely upon such as... as part of their obligations under the pre action protocol and the overriding objective.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453423 · Replies: 21 · Views: 431

nosferatu1001
Posted on: Yesterday, 11:19


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You indeed need to get an application for appeal in, and you will need to set out grounds in law (easiest) why this should occur.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453418 · Replies: 10 · Views: 316

nosferatu1001
Posted on: Yesterday, 10:58


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QUOTE (iangill @ Sat, 19 Jan 2019 - 21:28) *
ok. How long legally do they have to contact the keeper before it is null and void

Wrong way to look at it

They have 56 days from day of parking event, otherwise the KEEPER cannot be held liable. The invoice remains valid, but only against the driver.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453414 · Replies: 53 · Views: 655

nosferatu1001
Posted on: Yesterday, 10:55


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I would complain to the boa
I would also complain to the ico that they're processing your data unlawfully
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453411 · Replies: 23 · Views: 756

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 09:08


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It's against protocols but the court doesn't care.

A witness statement is easy. It's fact based. So start writing it. It's your events in your words.

You've already written your defence. You can't raise new arguments but you can point out facts. If you have medical statements about your symptoms then state so, but be careful about public safety. Easy to turn that into - you shouldn't have been driving as you knew you weren't fit to do so.

If you want data about yourself then send CEL a sar. Separately ask them for a copy of signs on the day.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453091 · Replies: 5 · Views: 166

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 09:01


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Then try to pare it back. It's your defence. You will NOT submit a further defence. This is it. So get it right NOW.
A court will not be interested in 16 pages of defence. Without looking at I bet it isn't SOLELY legal arguments , but chock full of narrative ? If so, that is saved for your WS - which deals with facts.

Don't mistake length for substance.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453090 · Replies: 164 · Views: 5,954

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 08:58


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Hearing fee £25
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453088 · Replies: 18 · Views: 434

nosferatu1001
Posted on: Sat, 19 Jan 2019 - 08:51


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If they've got photos they can easily get the ntk to you. It's been done before.

Pers9nally is wait for the ntk. There is NO CHANCE the ntk can be compliant.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1453086 · Replies: 53 · Views: 655

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 15:18


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You can require them to explain what proof they have of the drivers identity?

After all, as claimant they are required to prove every element of any claim against you as Keeper - and in the interests of the overriding objective, you require them to provide you with their evidence now. It will certainly narrow the areas in dispute

If, as you suspect, they have no evidence, and just bluster, that will also narrow the areas under dispute
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452893 · Replies: 18 · Views: 434

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 15:16


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No, it means you know
1) what first appeal to do (hint, its in every thread, basically) and
2) that you can do a proper appeal to POPLA

You have to get out of your thread and read around
You will not be spoon fed.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452891 · Replies: 10 · Views: 173

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 14:50


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POFA has not changed

8(6) A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452874 · Replies: 164 · Views: 5,954

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 14:45


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YEs, if you are confident that your lease puts you in that strong a position

You have to read and understand your position, and be sure of it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452870 · Replies: 25 · Views: 500

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 14:44


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The PCN is not "INVALID", however if they fail to specify the relevant location, then it cannot meet the reuqirements of POFA to hold the keeper liable, when they are unaware of who teh driver is
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452867 · Replies: 13 · Views: 244

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 14:07


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In which case you msut win by default, as the operator cannot rebut any argument yuove made.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452845 · Replies: 43 · Views: 1,932

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 12:34


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QUOTE (PurpleTrout @ Fri, 18 Jan 2019 - 13:13) *
They said it’s an external company that they hire and have no control over them, you reckon I can pressure them about it?


THEY HIRED THEM
Therefore THEY are the ones that should be telling the company what to do! If you hire a painter and hes painting a colour you dont like, do you shrug your shoulders and assume nothing can be done, or you TELL them what to do?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452805 · Replies: 27 · Views: 736

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 12:24


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Write back
STate that, either their client has lied and not supplied all information as required under the DPA2018 - potentially a criminal offence - or their client hasnt lied, but they havent served a NtK and therefroe cannot possibly have engaged "Keeper liability" under POFA2012
Please ask their client to explain which, within 14 days

Yours...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452800 · Replies: 28 · Views: 867

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 10:48


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Id do both!

You can send a completed PDF via email today
And send the completed doc on post today, with first class free proof of posting.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452760 · Replies: 21 · Views: 247

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 09:16


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Marstons cannot have anything to do with this, as it is relaitng to a FINE and was issued BEFORE the claim form. You obviously cannot have bailiffs if there hasnt been a judgement against you!

You REALLY must deal with Marstons; they will clamp and tow cars, and the V5 will NOT persuade them who owns it (because it tells you on the V5 it has nothing to do with ownership!) regardless of wha tyou say. So you MUST work out what this relates to; ring the council using the ref numbers Marstons has given you.

If you READ the gladstones letter, it tells you that they think this is relatively straioghtforward....
You should already have sent yoru DQ in
There is NOTHING to be gained by delaying and youre now too late to do it. It has to be RECEIVED by 21.01. Court AND claimant gets a copy, SEND IT NOW, VIA EMAIL, TO THE CCBC. If you dont, you will get a default against you on the 22nd.

This will go to your local court; if you'd read the DQ you will see it asks you for your local court....
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452726 · Replies: 21 · Views: 247

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 09:08


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THats one, the other would be signage and whether they have sufficient authority to issue contracts in their own name.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452725 · Replies: 21 · Views: 431

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 09:07


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Yes of course you ignore DRP, same as any debt collector
IT is basically fraud but noone gives a toss.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452724 · Replies: 38 · Views: 1,274

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 09:06


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Be stronger

Youre telling them to cancel, because your lease does not require you to display a permit at all, and they cannot hire people to add terms outside of your lease
TELL THEM to instruct their agents that they are not to "patrol" your allocated space as you do not give them permission to do so.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452723 · Replies: 25 · Views: 500

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 09:04


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Well one way gives you certainty, the other COULD be OK or COULD mean you lose your chance to comment
I know which one I would do...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452722 · Replies: 43 · Views: 1,932

nosferatu1001
Posted on: Fri, 18 Jan 2019 - 08:52


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Send them a SAR for all VRM or partial VRM that match yours from that day, plus any other data they hold on you

They ALWAYS reject the first appeal

How many days between date of ievent and date of receipt of the NtK?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452720 · Replies: 9 · Views: 217

nosferatu1001
Posted on: Thu, 17 Jan 2019 - 17:44


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That is a complete get out for pofa compliance
The notice to driver MUST have the same info as the notice to keeper
It can't
For a ntk to get to you, they will have to change the VRM.

I'd hold off for now - mind you, you're holding off another 20 days anyway...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1452524 · Replies: 53 · Views: 655

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