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cabbyman
Posted on: Fri, 28 Apr 2023 - 15:54


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From: South of John O'Groats, north of Cape Town.
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In the original notice, they refer to 'use of private car park without making valid payment.' Later on they say 'parked on Railway Assets (Railway Property) in breach of Railway byelaws....'

Can land under 'statutory control' be regarded as 'private land?'
  Forum: Private Parking Tickets & Clamping · Post Preview: #1776313 · Replies: 12 · Views: 1,287

cabbyman
Posted on: Fri, 28 Apr 2023 - 15:44


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OK. Thanks. smile.gif wink.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1776308 · Replies: 12 · Views: 1,287

cabbyman
Posted on: Fri, 28 Apr 2023 - 15:31


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Thanks for that, Redx.

Is it me or is the Parking Cowboys POPLA code checker no longer working? I can put the code in but it won't let me put the date in. Anyone else have a similar problem?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1776306 · Replies: 12 · Views: 1,287

cabbyman
Posted on: Fri, 28 Apr 2023 - 14:31


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My wife received the usual rail byelaw invoice from ACOA.

We appealed on the basis of it not being relevant land under PoFA2012.

They have now, of course, refused our representations, but have given us a POPLA code.

Is anyone aware of any successful appeals to POPLA against APCOA, using the relevant land argument, that they could point me towards please?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1776293 · Replies: 12 · Views: 1,287

cabbyman
Posted on: Fri, 4 Nov 2022 - 15:03


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From: South of John O'Groats, north of Cape Town.
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No help for you this time but in future a simple 'your notice does not comply with PoFA to hold RK liable; please contact driver.' I regularly stuff CP Plus at this location. The shopping centre management won't help; they employ CP Plus.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1745027 · Replies: 17 · Views: 914

cabbyman
Posted on: Wed, 1 Jun 2022 - 13:13


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From: South of John O'Groats, north of Cape Town.
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Cancelled.

Interestingly, it appears that they do what they say and destroy all records bar those they are required to keep by law. There is no reference to my previous recent 'breaches.'
  Forum: Private Parking Tickets & Clamping · Post Preview: #1714896 · Replies: 11 · Views: 1,102

cabbyman
Posted on: Fri, 13 May 2022 - 20:33


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From: South of John O'Groats, north of Cape Town.
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Thanks Redx.

I'll send that off next week. I didn't like to appeal through their website because although they don't require the driver's identity, unusually, the 'box' for the appeal is very difficult to copy. So, given the lack of a useable E mail address, post it is, CofP.

I think I started to include the photo for interest and then got carried away with it!! rolleyes.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1711837 · Replies: 11 · Views: 1,102

cabbyman
Posted on: Fri, 13 May 2022 - 18:12


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From: South of John O'Groats, north of Cape Town.
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They have very kindly put this on their website. Any issues with it?

https://imgur.com/a/v6kH0zJ

I will be going out there next week to check what signs they have at the entrance. I don't recall seeing any recently, not even something to say 'see signs elsewhere,' but I will check. :-)

  Forum: Private Parking Tickets & Clamping · Post Preview: #1711823 · Replies: 11 · Views: 1,102

cabbyman
Posted on: Thu, 12 May 2022 - 17:03


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So, an Ostell special then, as below?

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 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 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: #1711583 · Replies: 11 · Views: 1,102

cabbyman
Posted on: Thu, 12 May 2022 - 16:23


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Both sides of the NtK are in the URL below:

https://imgur.com/a/Ujxlc4L
  Forum: Private Parking Tickets & Clamping · Post Preview: #1711573 · Replies: 11 · Views: 1,102

cabbyman
Posted on: Thu, 12 May 2022 - 15:39


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The date of issue is 6th May. Is there a specified period within which it must be issued??

It appears to be a template Horizon NtK. I haven't been through the detailed PoFA yet to spot any errors. If there are any that are known, I would appreciate knowing; it may save me a bit of time checking everything.

I note that appeals can only be made by post or on their website. There is no E mail address, which is a bit cheeky!

I will visit the relevant land to check for signage, although from memory, I believe that the first signage is after the vehicle enters the car park and, even then, refers to 'see signs elsewhere,' or words to that effect. Let's see what I find.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1711563 · Replies: 11 · Views: 1,102

cabbyman
Posted on: Thu, 12 May 2022 - 15:08


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Here we go again!

Am I correct in surmising that an incident date of 28th April has just crept in under the wire if the NtK was received on 12th May?

Additionally, given that this is not the first one in recent months, I have asked the DVLA to let me know who has made application for RKs' details since 1/11/21.

I shall be having very, very stiff words with the driver.

I'll get back to you all in due course with a scan of the NtK and draft of representations to the PPC.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1711548 · Replies: 11 · Views: 1,102

cabbyman
Posted on: Thu, 3 Mar 2022 - 11:35


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From: South of John O'Groats, north of Cape Town.
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Result:

Thank you for your correspondence regarding the above Parking Charge Notice (PCN).

After careful consideration, I have authorised a cancellation of the above notice on this occasion only.

For future reference, please be advised that it is the driver's responsibility to ensure that they park their vehicle within the white lines of a designated parking bay. Further notices issued to your vehicle for the same breach of the terms and conditions will not be cancelled.


Interestingly, in an attachment, they included a pic of the signage. It was good enough for an easy win at POPLA, if I had been forced there!

As always, thanks for your help and encouragement, chapa and chapesses! smile.gif


  Forum: Private Parking Tickets & Clamping · Post Preview: #1698890 · Replies: 12 · Views: 1,283

cabbyman
Posted on: Mon, 7 Feb 2022 - 17:04


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QUOTE (notmeatloaf @ Sat, 5 Feb 2022 - 23:38) *
I always wonder if the a local Dominos drivers who park on the pavement along white zig-zag lines might not have business cover were plod to check. Don't seem to have the best grasp of ways to risk getting points on your licence.



I'm not sure how Dominos work but Just Eat and Deliveroo have insurance cover automated on their apps. Fast food courier insurance and SDP cover must be uploaded before you are accepted. They also disable the account at renewal until you have uploaded the new cover. Although there are those who use other peoples' phones and accounts, in the main most would be correctly documented and legal.
  Forum: The Flame Pit · Post Preview: #1694200 · Replies: 14 · Views: 1,601

cabbyman
Posted on: Thu, 20 Jan 2022 - 16:43


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E mail composed in accordance with Ostell's suggestion in post #7; scheduled to be sent automatically on day 26.....with a slight error to enable me to quickly identify the source of the RKs' details.

Watch this space.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1689859 · Replies: 12 · Views: 1,283

cabbyman
Posted on: Thu, 6 Jan 2022 - 18:43


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Thanks Nosferatu.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1686496 · Replies: 12 · Views: 1,283

cabbyman
Posted on: Thu, 6 Jan 2022 - 18:40


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It's just OK for me to walk in a straight line without turning sideways.
  Forum: The Flame Pit · Post Preview: #1686494 · Replies: 22 · Views: 1,273

cabbyman
Posted on: Thu, 6 Jan 2022 - 18:14


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From: South of John O'Groats, north of Cape Town.
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QUOTE (TMC Towcester @ Thu, 6 Jan 2022 - 18:03) *
QUOTE (DancingDad @ Thu, 6 Jan 2022 - 17:58) *
QUOTE (TMC Towcester @ Thu, 6 Jan 2022 - 17:47) *
Eh? I missed the reference to 'easement'?

Same difference though - what right does the easement grant? Pedestrian only......won't include a lawn mower.


Why not?

I had a patch of waste land at the bottom of my garden and the owners had the right to pass over my land for access to maintain that land.
They never exercised that right but if they had with a mower or wheelbarrow, I wouldn't have objected.
Would have if they tried to run a JCB over my garden. wink.gif


Because a lawn mower isn't a pedestrian!

Your example - it depended what the 'right' that was given actually was. One person/property's need not be the same as another. You might have objected had you wished to store a vehicle on YOUR land, build a shed etc etc.

Land law is very complicated.........


Indeed, I remember my land law lecturer saying in 1980: 'You will find a book called Economics Made Simple; you will find a book called Mathematics Made Simple but you will never, ever, ever find a book called Land Law Made Simple!' It was a wonderful subject that I loved but I have forgotten a lot of it now.

The point about 'persons or machinery/equipment' is an interesting one. I shall go and do some digging. smile.gif

NB: My reference to 'lawn mower' applies to a small-ish hover mower about one, maybe two, sizes up from the smallest available in B&Q, but, given the awkward carrying of it, and our age, it is difficult to get it through the gate if there is a vehicle parked too close.
  Forum: The Flame Pit · Post Preview: #1686489 · Replies: 22 · Views: 1,273

cabbyman
Posted on: Thu, 6 Jan 2022 - 18:01


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From: South of John O'Groats, north of Cape Town.
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To clarify for those who have raised genuine queries:

The area of land concerned is 3 'parking spaces' wide and 4 'parking spaces' long, across the back of the gardens of a terrace of 4 houses. A terrace of 3 garages lie across the end of the land. When the land was demised from the builder in 1980, each garage had a parking space in front of it and both were demised to the respective houses. The remainder of the land was demised to the houses jointly.

Our garage is the middle of the three. Our back gate opens directly onto the subject parking space. The only way to exit our garden is across the land demised to the neighbour. An easement over that land was expressly included in our original demise and is registered as such with the land registry. The only other way to exit our back garden is to fly!

For those who took the trouble to offer a sensible opinion on the legal situation viz a viz my options with the vehicle, I thank you. I don't like the answer but I had my suspicions that was where I stood. I just have to 'grow a pair' and try to talk gently to the neighbour without exacerbating the mental condition.

Thanks all (bar one!! rolleyes.gif )
  Forum: The Flame Pit · Post Preview: #1686484 · Replies: 22 · Views: 1,273

cabbyman
Posted on: Thu, 6 Jan 2022 - 17:44


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Thank you for your considered response; I was expecting it! I suggest that you read ALL of the post and then research the meanings of the various phrases you have chosen to ignore!

I have a legally granted easement over the land, (LPA 1925 s1(2), ibid s 52. ). That means I have the right to pass and repass without let or hindrance.

Yes, maybe I do mean 'grass them up,' rather than confronting a mentally challenged individual, with a view to the owner of the vehicle, living elsewhere, hopefully receiving a reminder from DVLA and, thereby, spurring them into action.

MYOFB? You'll have to explain that bit of gobbledegook to me!
  Forum: The Flame Pit · Post Preview: #1686478 · Replies: 22 · Views: 1,273

cabbyman
Posted on: Thu, 6 Jan 2022 - 17:13


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From: South of John O'Groats, north of Cape Town.
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There is an untaxed vehicle on land over which I have a granted right of way, since about Oct/Nov. MOT expired 23 Oct 21, Tax expired 1 Jan 22, according to DVLA website. At present, it's not too much of a problem but will become so when I need to move lawn mower, etc., from garage (in block) to garden.

The person who owns the parking space probably doesn't own the car given the demography of the family and the ownership and use of another, newer vehicle. Also, it's unlikely that this person would cope mentally with being challenged about the abandoned vehicle. I think it belongs to A N Other who has been granted consent to park it. The tyres are now at the stage where they are beginning to lose pressure and other signs indicate that the vehicle hasn't moved since it first arrived and now, probably won't!

The DVLA website permits reporting of an untaxed, non-SORNed vehicle on a public road but how should I tip them the wink about this vehicle, without upsetting the neighbour who thinks that they are doing a friend a massive favour but partially impeding my right of way?
  Forum: The Flame Pit · Post Preview: #1686466 · Replies: 22 · Views: 1,273

cabbyman
Posted on: Tue, 4 Jan 2022 - 21:02


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Thanks Ostell. Sorry to have taken so long to respond.

The signage around the site is sparse and white on light blue. Sometime over the next couple of weeks, the car parks should be quieter; I'll try to get some pics.

So, a date of issue of 30th, I'll E mail on 25th. Depending on how it is calculated, that will be day 26 or 27. Or, should I E mail on 24th, for safety?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1685955 · Replies: 12 · Views: 1,283

cabbyman
Posted on: Sat, 1 Jan 2022 - 21:16


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How about:

I have been passed your above PCN and don't believe that the charge is payable by the RK due to insufficient signage at the site.

I require you to cancel it and remove all my personal details from your records.

Love & kisses.


I think that I need to get some reference to being RK in order to give them a chance to ignore para 11 PoFA.

Thoughts?

  Forum: Private Parking Tickets & Clamping · Post Preview: #1685341 · Replies: 12 · Views: 1,283

cabbyman
Posted on: Thu, 30 Dec 2021 - 19:37


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This is on MSE. It appears to be fairly old, possibly 2013, but revised no later than May 2020. Is it good enough for this purpose, do you think?

Re PCN number:

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle.

If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it.

If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1685042 · Replies: 12 · Views: 1,283

cabbyman
Posted on: Thu, 30 Dec 2021 - 15:40


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I have been passed a Notice to Driver from CP Plus.

What is the normal appeals procedure for this? I seem to recall writing to them quite late in the hope that they will take the RKs' details from that communication rather than apply for info from DVLA. What information should that appeal contain?

The NtD is below.

https://imgur.com/7OgGKCF

https://imgur.com/MkFOF63

https://imgur.com/oDczMT9

  Forum: Private Parking Tickets & Clamping · Post Preview: #1684976 · Replies: 12 · Views: 1,283

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