PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

1227 Pages V   1 2 3 > » 

Jlc
Posted on: Yesterday, 16:45


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


If ever in doubt of a limit and there are no speed signs and street lighting then assume it’s a 30 unless there are signs to the contrary.

Many posts on here for situations with 2 or 3 lanes / wide road and catches many out.

That excess though will be considering a short ban. (Which means you’ll likely have to attend court)
  Forum: Speeding and other Criminal Offences · Post Preview: #1501529 · Replies: 17 · Views: 447

Jlc
Posted on: Yesterday, 16:39


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


QUOTE (30064602 @ Sat, 20 Jul 2019 - 16:54) *
...is there anything we can do to try getting off with it as he's got 6pnts already.

Frankly, no. If he hasn’t done a course then this is the obvious solution but if he ends up on 9 points then a 6 months totting ban will follow (unless he can plead exceptional hardship).

Time for him to keep an eye on his speed.
  Forum: Speeding and other Criminal Offences · Post Preview: #1501528 · Replies: 5 · Views: 196

Jlc
Posted on: Yesterday, 09:42


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


If posted 1st class then it will be presumed to arrive on 8 July. 28 days from then.

So it was PoFA compliant - get on to Aldi ASAP.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501431 · Replies: 8 · Views: 139

Jlc
Posted on: Yesterday, 09:40


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


You can submit a subject access request (SAR) under the Data Protection Act (GDPR) for the personal information they hold on you. (But this might not return before you have to submit a defence)

I should have guessed CEL - they use court claims as intimidation and rarely go to a hearing if pressed.

QUOTE (frarnie @ Sat, 20 Jul 2019 - 10:16) *
£204 for the ticket and court costs...

Yeah, funny - they won't want to explain that to the court...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501430 · Replies: 6 · Views: 113

Jlc
Posted on: Fri, 19 Jul 2019 - 22:19


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


What does your lease say on parking?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501390 · Replies: 3 · Views: 78

Jlc
Posted on: Fri, 19 Jul 2019 - 20:48


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Is it a parking or penalty charge?

Being outside 14 days doesn’t invalidate it. (But would impact keeper liability)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501385 · Replies: 6 · Views: 151

Jlc
Posted on: Fri, 19 Jul 2019 - 15:55


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


...regardless the driver nomination needs to be returned. (But there's almost certainly an explanation behind the 'late' NIP)
  Forum: Speeding and other Criminal Offences · Post Preview: #1501330 · Replies: 3 · Views: 280

Jlc
Posted on: Fri, 19 Jul 2019 - 15:11


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Sounds like your lucky day. If they are just giving 'advice' that will be the end of it.

(You probably know this but going downhill is not a defence to speeding)
  Forum: The Flame Pit · Post Preview: #1501308 · Replies: 4 · Views: 237

Jlc
Posted on: Fri, 19 Jul 2019 - 15:08


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Remove that driver reference from your post.

Although, this is a reminder - did the original mention 'Protection of Freedoms Act' on the reverse?


If not, then:

QUOTE
Dear Poke in the Eye,

I have just received your Parking Charge Notice *** for vehicle *******.

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 notice of keeper liability as prescribed by section 9 (2) (f) 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 from any 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

The keeper
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501307 · Replies: 8 · Views: 139

Jlc
Posted on: Fri, 19 Jul 2019 - 13:18


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


And what does your lease say about parking?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501271 · Replies: 7 · Views: 108

Jlc
Posted on: Fri, 19 Jul 2019 - 13:17


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


QUOTE (David J 3 @ Fri, 19 Jul 2019 - 12:24) *
Should I ignore this?

If you want a court claim against you...

Golden ticket this one:

QUOTE
Dear Poke in the Eye,

I have just received your Parking Charge Notice *** for vehicle *******.

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 notice of keeper liability as prescribed by section 9 (2) (f) 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 from any 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

The keeper
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501269 · Replies: 6 · Views: 141

Jlc
Posted on: Fri, 19 Jul 2019 - 12:56


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Each ticket will turn on it's specific facts. If the circumstances are similar to the case you won then there's a good chance of success.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501258 · Replies: 7 · Views: 108

Jlc
Posted on: Fri, 19 Jul 2019 - 12:45


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


You have a CCJ or a claim form?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501246 · Replies: 7 · Views: 108

Jlc
Posted on: Fri, 19 Jul 2019 - 11:58


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Golden ticket!

QUOTE
Dear Poke in the Eye,

I have just received your Parking Charge Notice *** for vehicle *******.

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 notice of keeper liability as prescribed by section 9 (2) (f) 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 from any 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

The keeper

  Forum: Private Parking Tickets & Clamping · Post Preview: #1501212 · Replies: 5 · Views: 159

Jlc
Posted on: Fri, 19 Jul 2019 - 11:56


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Which parking company? £279 seems to be wholly unreasonable for starters...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501211 · Replies: 6 · Views: 113

Jlc
Posted on: Fri, 19 Jul 2019 - 11:55


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Very good! Sometimes seen 5 but can't recall 4...
  Forum: Speeding and other Criminal Offences · Post Preview: #1501210 · Replies: 27 · Views: 2,336

Jlc
Posted on: Fri, 19 Jul 2019 - 11:54


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


QUOTE (dino_123 @ Fri, 19 Jul 2019 - 12:51) *
As its 24 days between alleged offence and NIP date, do I have grounds to appeal / request that the NIP is invalidated?

Are you the registered keeper?
  Forum: Speeding and other Criminal Offences · Post Preview: #1501207 · Replies: 3 · Views: 280

Jlc
Posted on: Fri, 19 Jul 2019 - 08:00


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Don't get hung up on the early discount. It doesn't matter if they say £60 or £100 if you owe nothing...

(It's a ploy to get you to pay early on fear of escalation)
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501142 · Replies: 16 · Views: 171

Jlc
Posted on: Fri, 19 Jul 2019 - 07:57


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


No, you don't contest jurisdiction (English Law). Court allocation comes later in the process.

Multiple tickets on the same day would go against their 'per 24 hours' clause.

Yes, the figures can be attacked - especially any additional charges over and above the amount on the NtK. (Especially if they are relying upon PoFA)

As it is residential parking the terms of you DiL's lease could be critical. (Although a 3rd party may not be able to rely upon the terms)

Additionally, submit a Subject Access Request (SAR) ASAP for all personal data they hold (photo's etc.) for the data subject. This may not be returned before the defence has to be entered but still worthwhile.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501141 · Replies: 4 · Views: 82

Jlc
Posted on: Fri, 19 Jul 2019 - 07:52


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


This thread?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501139 · Replies: 2 · Views: 52

Jlc
Posted on: Fri, 19 Jul 2019 - 07:48


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


In normal events just the hearing fee (£25).

They may push for costs etc. but shouldn't be awarded.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501138 · Replies: 9 · Views: 140

Jlc
Posted on: Thu, 18 Jul 2019 - 22:20


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


If they have complied with the protection of freedoms act then they can pursue the keeper for the driver’s unpaid parking charges. (They shouldn’t be able to claim the £60 for each mind)

Court allocation comes later in the process.

Take a step back - why were the tickets issued? Is this residential parking?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501109 · Replies: 4 · Views: 82

Jlc
Posted on: Thu, 18 Jul 2019 - 20:28


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Should be an easy win at POPLA as they haven't complied with PoFA...
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501077 · Replies: 14 · Views: 423

Jlc
Posted on: Thu, 18 Jul 2019 - 18:46


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


The photo doesn’t give much context.

Who is the claimant?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1501050 · Replies: 2 · Views: 65

Jlc
Posted on: Thu, 18 Jul 2019 - 18:29


Member


Group: Members
Posts: 30,926
Joined: 25 Aug 2011
From: With Mickey
Member No.: 49,223


Regardless, the driver nomination must be made - it’s a separate offence and not bound by the 14 days if you do not comply.

Indeed, only the 1st NIP has the 14 day requirement which has probably been met. They will almost certainly be able to evidence the NIP being produced and posted. If using 1st class then it will be presumed delivered and you would need to rebut that - which can only be attempted at court.

Unless you have a watertight defence it will be costly.

Worth considering the course/fixed penalty...
  Forum: Speeding and other Criminal Offences · Post Preview: #1501045 · Replies: 5 · Views: 335

1227 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Sunday, 21st July 2019 - 14:18
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.