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Jlc
Posted on: Today, 07:36


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Yes, the date is wrong - your licence should not have been revoked.

Contact the convicting court in the first instance - they should be able to resolve this as an administrative issue (in the interests of justice).

Probably too late, but why did you not respond to the request?

The revocation is an admin exercise by the DVLA - you can continue driving until they notify you. But if you did get revoked, do not drive until the issue is resolved.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426807 · Replies: 1 · Views: 0

Jlc
Posted on: Yesterday, 20:46


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Is the address on your v5 100% correct? Any previous postal issues?

The don't use proof of posting. (Nor do they have to as long as the court is convinced that the document was produced and posted)
  Forum: Speeding and other Criminal Offences · Post Preview: #1426766 · Replies: 7 · Views: 178

Jlc
Posted on: Yesterday, 20:35


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The period of parking is not clear. How long was the vehicle 'parked'?

Sounds like the contract was rejected and the driver left?

They have not issued a court claim to date.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426762 · Replies: 7 · Views: 59

Jlc
Posted on: Yesterday, 20:22


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There may still be the option to accept the underlying charge in exchange for dropping the s172 (if you were driving).

A s172 conviction is nasty. If the Police can evidence the NIP/s172 entering the postal system then it is for you to rebut the presumption of delivery. (Not for them to prove it arrived)

Without seeing the full statement it's hard to say if there is sufficient doubt to assist you.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426754 · Replies: 7 · Views: 178

Jlc
Posted on: Yesterday, 20:11


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Ok, fairly litigious. Would be good to see redacted PCN and signs. At least some chance at POPLA.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426751 · Replies: 7 · Views: 66

Jlc
Posted on: Yesterday, 19:56


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What's the exact company name, there are several 'PPS'.

That appeal only applies if they have not complied with the Protection of Freedoms Act. (i.e. they can pursue the keeper, regardless of whether they were driving or not)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426748 · Replies: 7 · Views: 66

Jlc
Posted on: Thu, 18 Oct 2018 - 20:49


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Put it here.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426488 · Replies: 71 · Views: 2,573

Jlc
Posted on: Thu, 18 Oct 2018 - 20:48


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Which parking company originally issued the ticket?

P.s. you are potentially committing a criminal offence in not updating your v5. (Not that it's commonly pursued)

Update it asap as it can get you into real grief.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426487 · Replies: 5 · Views: 64

Jlc
Posted on: Thu, 18 Oct 2018 - 20:45


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In Scotland they do pursue careless/dangerous for excessive speed. But 84 should result in a fixed penalty - 3 points £100.

Alternatively, you may wish to search for unsigned.
  Forum: Speeding and other Criminal Offences · Post Preview: #1426484 · Replies: 3 · Views: 259

Jlc
Posted on: Thu, 18 Oct 2018 - 16:21


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...no keeper liability

........easy win at POPLA
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426398 · Replies: 12 · Views: 125

Jlc
Posted on: Thu, 18 Oct 2018 - 09:39


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So it's a 21 minute overstay where a period of parking had been paid for? The BPA guidance is a minimum of 10 minutes grace.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426268 · Replies: 12 · Views: 125

Jlc
Posted on: Wed, 17 Oct 2018 - 18:15


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'Issue' new permits. And then whip round immediately and start ticketing genuine residents. Nice.

Primacy aside - it's a wicked game to play just to generate money from residents.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426149 · Replies: 10 · Views: 120

Jlc
Posted on: Wed, 17 Oct 2018 - 15:29


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Offering (or re-offering) a discounted amount is not unusual - I wouldn't necessarily see it as a weakness.

Are they claiming keeper liability? (Presuming the driver is not known)

That locus is vague and fails to be 'relevant land' imho.

They are extremely litigious so a claim is very likely. Without knowing the underlying circumstances it's hard to say much more but generally they are worth fighting.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426113 · Replies: 4 · Views: 82

Jlc
Posted on: Wed, 17 Oct 2018 - 15:20


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Personally I think a response is better than ignoring.

They will reject any appeal.

The point of responding is to set the key issues for a defence should they issue a claim.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426108 · Replies: 12 · Views: 153

Jlc
Posted on: Wed, 17 Oct 2018 - 15:17


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QUOTE (oh-no-not-another-one @ Wed, 17 Oct 2018 - 14:48) *
At the time of parking the driver was unaware of newly installed ANPR because apparently the carpark had been recently taken over by NCP even though their distinctive orange notices hadn’t yet been installed. Upon going back recently I see notices have now changed to NCP ones. Back in September the old notices from previous operator were still there so no mention of ANPR and the driver didn't spot or notice any wording about paying £100 fine for overstaying.

Signage is key, but then again so is evidence to show it was insufficient. (Obviously you are a witness but more weight would be given to photo's at the material time)

QUOTE (oh-no-not-another-one @ Wed, 17 Oct 2018 - 14:48) *
the only option is to pay in hourly increments so even if you go over by 10 minutes you are expected to pay for an extra hour.

This is quite normal for all car parks - 'pro rata' tariffs are not offered.


NCP are not particularly litigious but dipped their toes on a few cases - they have 6 years to pursue.

It's probably still worth writing them an 'appeal' - they will probably dig their heels in and say it's too late. But you can put across the key points should they issue a claim - would seem more reasonable than 'ignoring'.

If true, it might be worth pointing out that you've been denied an appeal just because the DVLA were updating their records.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426105 · Replies: 12 · Views: 184

Jlc
Posted on: Wed, 17 Oct 2018 - 15:12


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A very litigious company - so a court claim is quite possible.

You have two angles that you've already identified - that is whether the contract was formed by clear signage and whether the site boundary was clear.

Of course, they will say they were. Only a court hearing could decide but is definitely winnable.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426101 · Replies: 12 · Views: 153

Jlc
Posted on: Wed, 17 Oct 2018 - 15:10


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Unfortunately the Supreme Court decided the amount is not excessive. (ParkingEye v Beavis)

However, they usually ask for driver information if the appeal stated the keeper was not driving. (Or that their notice was not compliant to pursue the keeper)

Does the PCN make reference to such liability (or Protection of Freedoms Act - look on the back).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426100 · Replies: 9 · Views: 178

Jlc
Posted on: Wed, 17 Oct 2018 - 12:45


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Worth checking... wink.gif
  Forum: Speeding and other Criminal Offences · Post Preview: #1426069 · Replies: 6 · Views: 487

Jlc
Posted on: Wed, 17 Oct 2018 - 12:17


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QUOTE (ZX14R @ Wed, 17 Oct 2018 - 13:06) *
From this angle it doesn't look like two meters between them, but I'll go check that place. If it is 5 feet, the actual speed is 26mph, which is what I recall doing.

What's the location? Google Earth is pretty good at confirming the spacing...
  Forum: Speeding and other Criminal Offences · Post Preview: #1426066 · Replies: 6 · Views: 487

Jlc
Posted on: Wed, 17 Oct 2018 - 07:50


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QUOTE (Lynne R @ Wed, 17 Oct 2018 - 08:37) *
contact VCS direct to arrange a payment plan

That's generous.

QUOTE (Lynne R @ Wed, 17 Oct 2018 - 08:37) *
...as otherwise it will go to court and they have a high success rate of winning!

They would say that wouldn't they? They also have many losses where properly defended.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425984 · Replies: 71 · Views: 2,581

Jlc
Posted on: Tue, 16 Oct 2018 - 19:39


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They are quite litigious. But I would have rather had my day in court than the IAS decision.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425894 · Replies: 12 · Views: 172

Jlc
Posted on: Tue, 16 Oct 2018 - 11:57


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Yes, there's specific Mag's guidance:

QUOTE
where a penalty notice could not be offered or taken up for reasons unconnected with the offence
itself, such as administrative difficulties outside the control of the offender, the starting point
should be a fine equivalent to the amount of the penalty and no order of costs should be
imposed. The offender should not be disadvantaged by the unavailability of the penalty notice in
these circumstances.


You cannot avoid the surcharge (min £30) - so best result would be 3 points, £70 fine, £30 surcharge and no costs order.
  Forum: Speeding and other Criminal Offences · Post Preview: #1425729 · Replies: 4 · Views: 391

Jlc
Posted on: Tue, 16 Oct 2018 - 11:29


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Some companies can be ignored and indeed a court claim never materialises. Unfortunately, this one is quite litigious but is in the usual roboclaim queue so not all is lost.

I presume this is a parked outside of marked bay?

In hindsight, ignoring them completely was not the best decision but nevertheless I wouldn't roll over and pay.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425718 · Replies: 6 · Views: 159

Jlc
Posted on: Mon, 15 Oct 2018 - 20:48


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You've thrown away 'keeper liability' defences by admitting driving. (And indeed keeper liability may not have been available to them anyway as the land is probably covered by byelaws)

POPLA are only interested in whether the notices were 'issued correctly' and probably will say they were...

APCOA are not litigious currently (here) - so I'd file and forget unless they issue claims. They have 6 years to do so.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425567 · Replies: 4 · Views: 82

Jlc
Posted on: Mon, 15 Oct 2018 - 20:29


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Needs to be in the council forum. Hit '! Report' and ask a moderator to move the thread.
  Forum: Council Parking Tickets & Clamping and Decr... · Post Preview: #1425558 · Replies: 10 · Views: 314

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