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    • the Town and Country [advertisments ] Regulations 2007 are not easy to understand. Most Council planing officials don't so it's good that you found one who knows. Although he may not have been right if the rogues have not been "controlling" in the car park for that long. The time only starts when the ANPR signs go up, not how long the area has been used as a car park.   Sadly I have checked Highview out and they have been there since at least 2014 . I have looked at the BPA Code of Practice version 8 which covers 2023 and that states Re Consideration and Grace Periods 13.3 Where a parking location is one where a limited period of parking is permitted, or where drivers contract to park for a defined period and pay for that service in advance (Pay & Display), this would be considered as a parking event and a Grace Period of at least 10 minutes must be added to the end of a parking event before you issue a PCN. It then goes on to explain a bit more further down 13.5 You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is. 13.6 Neither a consideration period or a grace period are periods of free parking and there is no requirement for you to offer an additional allowance on top of a consideration or grace period. _________________________________________________________________________________________________________________So you have  now only overstayed 5 minutes maximum since BPA quote a minimum of 10 minutes. And it may be that the Riverside does have a longer period perhaps because of the size of the car park? So it becomes even more incumbent on you to remember where the extra 5 minutes could be.  Were you travelling as a family with children or a disabled person where getting them in and out of the car would take longer. Was there difficulty finding a space, or having to queue to get out of the car park . Or anything else that could account for another 5 minutes  without having to claim the difference between the ANPR times and the actual times.
    • Regarding a driver, that HAS paid for parking but input an incorrect Vehicle Registration Number.   This is an easy mistake to make, especially if a driver has access to more than one vehicle. First of all, upon receiving an NTK/PCN it is important to check that the Notice fully complies with PoFA 2012 Schedule 4 before deciding how to respond of course. The general advice is NOT to appeal to the Private Parking Company as, for example, you may identify yourself as driver and in certain circumstances that could harm your defence at a later stage. However, after following a recent thread on this subject, I have come to the conclusion that, in the case of inputting an incorrect Vehicle Registration Number, which is covered by “de minimis” it may actually HARM your defence at a later stage if you have not appealed to the PPC at the first appeal stage and explained that you DID pay for parking and CAN provide proof of parking, it was just that an incorrect VRN was input in error. Now, we all know that the BPA Code of Practice are guidelines from one bunch of charlatans for another bunch of charlatans to follow, but my thoughts are that there could be problems in court if a judge decides that a motorist has not followed these guidelines and has not made an appeal at the first appeal stage, therefore attempting to resolve the situation before it reaches court. From BPA Code of Practice: Section 17:  Keying Errors B) Major Keying Errors Examples of a major keying error could include: • Motorist entered their spouse’s car registration • Motorist entered something completely unrelated to their registration • Motorist made multiple keying errors (beyond one character being entered incorrectly) • Motorist has only entered a small part of their VRM, for example the first three digits In these instances we would expect that such errors are dealt with appropriately at the first appeal stage, especially if it can be proven that the motorist has paid for the parking event or that the motorist attempted to enter their VRM or were a legitimate user of the car park (eg a hospital patient or a patron of a restaurant). It is appreciated that in issuing a PCN in these instances, the operator will have incurred charges including but not limited to the DVLA fee and other processing costs therefore we believe that it is reasonable to seek to recover some of these costs by making a modest charge to the motorist of no more than £20 for a 14-day period from when the keying error was identified before reverting to the charge amount at the point of appeal. Now, we know that the "modest charge" is unenforceable in law, however, it would be up to the individual if they wanted to pay and make the problem go away or in fact if they wanted to contest the issue in court. If the motorist DOES appeal to the PPC explaining the error and the PPC rejects the appeal and the appeal fails, the motorist can use that in his favour at court.   Defence: "I entered the wrong VRN by mistake Judge, I explained this and I also submitted proof of payment for the relevant parking period in my appeal but the PPC wouldn't accept that"   If the motorist DOES NOT appeal to the PPC in the first instance the judge may well use that as a reason to dismiss the case in the claimant's favour because they may decide that they had the opportunity to resolve the matter at a much earlier stage in the proceedings. It is my humble opinion that a motorist, having paid and having proof of payment but entering the wrong VRN, should make an appeal at the first appeal stage in order to prevent problems at a later stage. In this instance, I think there is nothing to be gained by concealing the identity of the driver, especially if at a later stage, perhaps in court, it is said: “I (the driver) entered the wrong VRN.” Whether you agree or not, it is up to the individual to decide …. but worth thinking about. Any feedback, especially if you can prove to the contrary, gratefully received.
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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
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Council Tax Arrears over 10 years ago


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Hi I just got al etter in from Renfrewshire Council saying I owe them £1102 from an address that I lived at over 11 years ago.

 

Now between 1996 to 2002 approx I did have some really bad financial problems and I didnt pay my council tax at the time for a few years.(mainly because they never ever sent me a bill even though I was and did register to vote at this address during this time)

 

Now in October 2003 they sent me bills for the years that I had failed to pay and I then decided to get a loan out to pay off all the arrears that I belived I owed to bring my council tax up to date

 

Now they are asking for more money and I thought I had paid off all the arrears in 2003 and my point is how can I check up what I have payed for years 1996-2002 and what I owe so as I know that I deffonatly owe this money.

 

If I owe it I will pay it but I want to be sure I do owe it and really dont have a clue how to check back to well over 12 years of records?

 

Also how far back can they chase a council tax debt as Im sure this debt must be over 11 years old

 

Thanks in advance

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Council tax debts do not become statute barred.

 

I think they only way you would find out what you have paid etc is to send them an S.A.R - (Subject Access Request).

 

Edit to suit

Subject Access Request - Consumer Wiki

 

(take out the word banking)

 

You would need to include £10 and send recorded and they would need to send allinof payment, charges etc that they have for you.

 

 

Ida x

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Council tax debts do not become statute barred.

 

 

Thanks for the reply.

 

Forgive me but I am not sure what is meant by statue barred

 

Also I checked out your link and as you said it is based on writing to a bank and I will therefore add my references to the Council.I presume they are legally obliged to send me this information if I ask for it just like the banks

 

Regards

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basically any debts that you have, cause you live in escosse, become statite barred after 5 years which means if you have not paid anything in 5 years then you have no obligation to pay them

 

BUT

 

there are some things that are exceptions like secured loans and blooming cooncil tax!

 

Re the S.A.R - (Subject Access Request). Yes they still have to send all the info just remove the word bank or banking and edit to suit

 

idax

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its true about council tax not bing timed barred

in my research i believe they can not do enforcement action if over ten years old

but please do not quote me on that, some one who specalise in council tax will be able to confirm

i believe the courts call it an abuse of legal process

but like i said

not sure on that one

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Thanks again.

 

Also whilst you have been answering this I have investigated the procudure with my own Council regarding the S.A.R - (Subject Access Request) and have found that they have there own form for requesting access to this information.

 

I was going to apply for this on Monday with a cheque for £10 but what is putting me off is the fact they want me to send in either my ORIGINAL passport or driving licence rather than just a copy

 

As you can imagine the last thing I want is to send my passport/driving licence by post to my local coucil only for them to hang on to it for 40 days.

 

Do you or anyone else know if there can accept proof any other way than this

 

Regards

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They do not need proof if you provide you name address and any ref numbers

 

They are hapy to ask you for payment with these details so they should be happy for you to ask for details with these

 

You can still send the template SAR you do not need to fill in theirs

 

idax

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Just a quick follow up to all of the above.

 

As I may or may not have said I reiceved this demand for 11 year old council tax money today.Now in the last 2 weeks I have been applying for a re-mortgage and was wondering if the 2 could be linked in anyway or is this just a coincidence.

 

Could this have possibly flagged up during this process or am I just being paronoid?

 

I know there is no record of this debt on my credit file as I have had a recent copy of it posted to myself

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