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Jlc
Posted on: Yesterday, 18:34


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Verbatim?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560899 · Replies: 27 · Views: 286

Jlc
Posted on: Tue, 31 Mar 2020 - 20:08


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If you're talking of DQ I presume you've entered a defence?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560690 · Replies: 27 · Views: 286

Jlc
Posted on: Tue, 31 Mar 2020 - 14:53


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They had 38 court hearings in 2019.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560602 · Replies: 22 · Views: 793

Jlc
Posted on: Tue, 31 Mar 2020 - 09:43


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Or Private Parking Companies...
  Forum: Government Policy · Post Preview: #1560508 · Replies: 3 · Views: 101

Jlc
Posted on: Mon, 30 Mar 2020 - 18:07


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QUOTE (PCN_Collector @ Mon, 30 Mar 2020 - 18:21) *
And how do we STOP them issuing us with PCNs, as I refuse to pay them for a permit!!!?

An injunction.

QUOTE (PCN_Collector @ Mon, 30 Mar 2020 - 19:05) *
So what happens IF they reject the appeal(s)?

They will reject and will sue. Get on top of this.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560429 · Replies: 9 · Views: 172

Jlc
Posted on: Mon, 30 Mar 2020 - 18:04


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They don't even attempt keeper liability.

From the dates they are over 14 days too...

An online appeal should be fine (as the keeper).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560427 · Replies: 10 · Views: 127

Jlc
Posted on: Mon, 30 Mar 2020 - 17:14


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They should be able to sort it but don't miss out on appealing as they won't stop pestering.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560408 · Replies: 10 · Views: 127

Jlc
Posted on: Mon, 30 Mar 2020 - 17:13


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Extraordinarily Wonderful?

Good result.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560407 · Replies: 18 · Views: 532

Jlc
Posted on: Mon, 30 Mar 2020 - 17:11


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QUOTE (frankspencer @ Mon, 30 Mar 2020 - 17:26) *
I still cant decide if i made the right decision.

You did. Otherwise, your thread could be for a prosecution for a different criminal offence for which a defence may not be available...
  Forum: Speeding and other Criminal Offences · Post Preview: #1560406 · Replies: 67 · Views: 3,440

Jlc
Posted on: Mon, 30 Mar 2020 - 17:09


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QUOTE (Emicate @ Mon, 30 Mar 2020 - 18:02) *
Yes there’s a POPLA reference on the declined appeals letter.

Yay!

QUOTE (Emicate @ Mon, 30 Mar 2020 - 18:02) *
Attached is the back of the PCN, doesn’t look to be mentioned.

Yay!

You can win at POPLA as they haven't complied with the Protection of Freedoms Act. Start pulling your appeal together for critique.


BTW the grace was recently changed in the Code of Practice:
QUOTE
13.1 The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract. The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes


So, they are chasing you for 40 seconds or so... (Which unfortunately means they can justify accessing personal details with 'reasonable cause')
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560404 · Replies: 6 · Views: 114

Jlc
Posted on: Mon, 30 Mar 2020 - 17:03


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QUOTE (mrbarry @ Mon, 30 Mar 2020 - 17:52) *
As it was not her driving/parking is she liable for the ticket?

If they have complied with the Protection of Freedoms Act then they can pursue the keeper for the driver's unpaid parking charge. (Hold this thought)

QUOTE (mrbarry @ Mon, 30 Mar 2020 - 17:52) *
Can they insist she informs them who was driving and would her brother be liable?

Nope. If he is named then they can pursue him.

QUOTE (mrbarry @ Mon, 30 Mar 2020 - 17:52) *
Who do I appeal to first? POLPA, or reply to Smart Parking, or both, or perhaps someone else?

You have to appeal to the parking company first. Parking companies simply reject appeals unless they know they're going to lose at the next step (POPLA).

QUOTE (mrbarry @ Mon, 30 Mar 2020 - 17:52) *
I know in law that parking fines are a bit squiffy because the contract is assumed and not agreed, who signs a contract when they park a car? I also know that any ambiguity in a legal contract falls in favour of the party who did not draw up the contract. I would appreciate some more experienced input however because I’m no expert her by any means.

Not really squiffy at all. ParkingEye took it to the Supreme Court and 'simple' overstays are very much enforceable.


Anyway, now back to the important stuff. Smart do not usually comply with Protection of Freedoms Act and will fold with the correct appeal: (But let's see a redacted copy of the notice to confirm first)


QUOTE
Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560400 · Replies: 10 · Views: 127

Jlc
Posted on: Mon, 30 Mar 2020 - 16:01


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Update your post - refer to 'the driver' only.

Do you have a POPLA code?

I presume the reverse of the PCN doesn't mention 'Protection of Freedoms Act'?

QUOTE (Emicate @ Mon, 30 Mar 2020 - 16:52) *
...was genuinely only 5 minutes.

They really are trying their luck on this one.

The camera that got you is here.

The signage isn't great either - here.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560385 · Replies: 6 · Views: 114

Jlc
Posted on: Mon, 30 Mar 2020 - 15:40


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Was the driver revealed in the appeal? Are you the registered keeper?

Post up a redacted copy of the notice.

QUOTE (Emicate @ Mon, 30 Mar 2020 - 16:08) *
Given the stay was 5 minutes this seems extremely disproportionate.

If it was genuinely 5 minutes then there's a strong argument no contract was formed and you left.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560380 · Replies: 6 · Views: 114

Jlc
Posted on: Mon, 30 Mar 2020 - 14:35


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Say what you see...

QUOTE (Mayhem007 @ Mon, 30 Mar 2020 - 13:50) *
...but when written in this format it can be quite confusing for the below average mathematician.Mathematics should convey the information that you wish to show to the majority of people in a simple way

You must of seen those ridiculous FaceBook postings where someone poses a 'complex' mathematical sum using a mix of operators, without parentheses (brackets), and everyone has a different answer...

If only everyone remembers BODMAS!
  Forum: The Flame Pit · Post Preview: #1560365 · Replies: 29 · Views: 506

Jlc
Posted on: Mon, 30 Mar 2020 - 13:55


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QUOTE (David101 @ Mon, 30 Mar 2020 - 14:44) *
This i feel is unreasonable

Private enforcement is never about reasonable or fairness. They just want the cash.

QUOTE (David101 @ Mon, 30 Mar 2020 - 14:44) *
Do i have any grounds to lodge a succesfull appeal? Or should i just chalk it down to experience and pay up?

Nope - they will reject any appeal you make. POPLA will say it was correctly issued (and it was).

They seem to have substantively complied with PoFA to pursue the keeper. (Although the times given aren't strictly the period of parking it won't be a valid argument here with no payment)
EDIT: Although they don't seem to have identified the creditor - check the full list here.

So, that leaves you with the obvious defence of poor signage. (But the parking company nor POPLA will likely agree)

The previous parking company would have sued you. This one is currently not litigious - so unless you feel like chucking £60 at them then appeal that the signage was poor and then wait for the inevitable rejection and ignore unless you get a Letter Before Claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560357 · Replies: 2 · Views: 63

Jlc
Posted on: Mon, 30 Mar 2020 - 13:50


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QUOTE (BigWideSmileScaryTeeth @ Mon, 30 Mar 2020 - 14:07) *
Parking Charge from Car Parking Partnership (Parking Eye?)

Yes, but they strangely aren't litigious.

QUOTE (BigWideSmileScaryTeeth @ Mon, 30 Mar 2020 - 14:07) *
Should I wait until I hear back from Resolver, telling me that all is well in the world and the PCN has been cancelled?

Yes, follow up.

QUOTE (BigWideSmileScaryTeeth @ Mon, 30 Mar 2020 - 14:07) *
Or cut my losses and just cough up the £60?

On a fightback forum...?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560356 · Replies: 6 · Views: 163

Jlc
Posted on: Mon, 30 Mar 2020 - 13:46


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QUOTE (NewJudge @ Mon, 30 Mar 2020 - 14:32) *
Does the "authorised officer" have the power to detain him?

No. But commits an offence - if they can be identified...
  Forum: Speeding and other Criminal Offences · Post Preview: #1560355 · Replies: 67 · Views: 3,440

Jlc
Posted on: Mon, 30 Mar 2020 - 12:59


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QUOTE (Korting @ Mon, 30 Mar 2020 - 13:08) *
Is it an offence to refuse to give your details to a civilian?

If he called the Police, what is to stop you walking/running away?

Has the Enforcement officer got the right to detain you?

See here.

Presuming a private firm's operative would be considered 'authorised'. A PCSO/PO could detain.

Obviously OT here as the OP complied.
  Forum: Speeding and other Criminal Offences · Post Preview: #1560343 · Replies: 67 · Views: 3,440

Jlc
Posted on: Mon, 30 Mar 2020 - 12:52


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The BPA is the association for parking. I think you mean POPLA as an 'independent' appeal.

But you need to be in right place for a successful appeal - heed the advice above.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560340 · Replies: 11 · Views: 219

Jlc
Posted on: Mon, 30 Mar 2020 - 12:50


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QUOTE (Alpha John @ Mon, 30 Mar 2020 - 13:38) *
Is it worth ignoring and to what point will it then affect my credit rating?

Your credit rating would only be impacted if they raised a claim then you lost and then you didn't pay within 1 month.

QUOTE (Alpha John @ Mon, 30 Mar 2020 - 13:38) *
And if it did go to court wouldn't the judge look at if I've broken the T&C? And in this instance I did right

You did everything you reasonably could. A harsh Judge could rule against you but I wouldn't concern yourself right now...

TravelLodge could have probably done more if pushed. (Depends on who the principal of the contract is)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560338 · Replies: 4 · Views: 85

Jlc
Posted on: Mon, 30 Mar 2020 - 12:24


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QUOTE (Mayhem007 @ Sun, 29 Mar 2020 - 20:51) *
Stick to law kidda.

laugh.gif
  Forum: The Flame Pit · Post Preview: #1560326 · Replies: 29 · Views: 506

Jlc
Posted on: Mon, 30 Mar 2020 - 12:23


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Smart are virtually non-litigious.

Debt collectors are powerless - there is no debt.

Stop speaking to these people - they are not there to be helpful or care about your story. They only want your cash...

POPLA only concern themselves whether the charge was correctly issued - it was. But not whether it's actually due.

Shame you didn't come here earlier as these are dead easy to beat on first appeal with the right words.

I'd ignore this unless in the unlikely event you receive a Letter Before Claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560325 · Replies: 4 · Views: 85

Jlc
Posted on: Mon, 30 Mar 2020 - 12:19


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They are still escalating that by £60. (Which could be their downfall)

Then there are allowed fixed court costs - £25 claim fee, £50 solicitors.

They can also claim statutory interest at 8% pa.

If it goes to a hearing then another £25 fee.

That should be it - unless they can claim additional costs due to the defendant being 'unreasonable' - which is unlikely here.

Most adverse judgment are around £200-250.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560323 · Replies: 32 · Views: 477

Jlc
Posted on: Mon, 30 Mar 2020 - 10:21


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QUOTE (eggnogg @ Mon, 30 Mar 2020 - 10:51) *
Should I ignore it?

No but CPMS only had 4 court hearings in 2019 so not particularly litigious.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560296 · Replies: 2 · Views: 103

Jlc
Posted on: Mon, 30 Mar 2020 - 08:49


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QUOTE (The Rookie @ Mon, 30 Mar 2020 - 09:42) *
Debt collectors cannot take court action, unless you know something new?

They can recommend (the scary bit) that the their principal takes court action... (But that's the last thing they actually want as they don't get paid)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1560275 · Replies: 17 · Views: 448

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