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Gan
Posted on: Sun, 30 Jul 2017 - 07:45


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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: 199 · Views: 20,170

Gan
Posted on: Sun, 30 Jul 2017 - 07:38


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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: 755

Gan
Posted on: Sat, 29 Jul 2017 - 08:14


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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: 1,616

Gan
Posted on: Sat, 29 Jul 2017 - 07:59


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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: 4,031

Gan
Posted on: Sat, 29 Jul 2017 - 07:42


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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 Parking Tickets & Clamping and Decr... · Post Preview: #1304396 · Replies: 9 · Views: 457

Gan
Posted on: Fri, 28 Jul 2017 - 19:20


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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: 105 · Views: 13,831

Gan
Posted on: Fri, 28 Jul 2017 - 18:04


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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: 908

Gan
Posted on: Fri, 28 Jul 2017 - 17:54


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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: 2,186

Gan
Posted on: Fri, 28 Jul 2017 - 14:34


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It's Civil Enforcement

Woodford Road, Bramhall
  Forum: Private Parking Tickets & Clamping · Post Preview: #1304263 · Replies: 8 · Views: 2,186

Gan
Posted on: Fri, 28 Jul 2017 - 13:30


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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: 56,768

Gan
Posted on: Fri, 28 Jul 2017 - 13:25


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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: 726

Gan
Posted on: Fri, 28 Jul 2017 - 13:07


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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 Parking Tickets & Clamping and Decr... · Post Preview: #1304224 · Replies: 20 · Views: 1,803

Gan
Posted on: Fri, 28 Jul 2017 - 11:41


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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: 1,202

Gan
Posted on: Fri, 28 Jul 2017 - 11:08


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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: 726

Gan
Posted on: Fri, 28 Jul 2017 - 08:58


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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: 3,928

Gan
Posted on: Fri, 28 Jul 2017 - 08:51


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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: 1,202

Gan
Posted on: Fri, 28 Jul 2017 - 08:36


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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: 13,654

Gan
Posted on: Fri, 28 Jul 2017 - 08:30


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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: 432

Gan
Posted on: Thu, 27 Jul 2017 - 16:58


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QUOTE (cp8759 @ Thu, 27 Jul 2017 - 17:09) *
QUOTE (Gan @ Thu, 27 Jul 2017 - 14:30) *
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: 1,542

Gan
Posted on: Thu, 27 Jul 2017 - 14:37


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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: 1,202

Gan
Posted on: Thu, 27 Jul 2017 - 14:34


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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: 432

Gan
Posted on: Thu, 27 Jul 2017 - 13:45


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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: 4,031

Gan
Posted on: Thu, 27 Jul 2017 - 13:30


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Wonder if the 20 mph zones will be removed if they cause increased pollution
  Forum: The Flame Pit · Post Preview: #1303928 · Replies: 9 · Views: 1,542

Gan
Posted on: Thu, 27 Jul 2017 - 11:07


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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: 710

Gan
Posted on: Thu, 27 Jul 2017 - 10:56


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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: 6,393

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