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    • One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area. Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR, I shall be doing so.
    • Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can. I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter? Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP: 13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place. I think that is Deception .... They giveth with one hand and taketh away with the other!
    • Six months of conflict have also taken a heavy economic toll.View the full article
    • 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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Use of Police by Bailiffs/HCEO Companies


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I believe that use of the police by enforcement agents should be closely regulated. The Police are being used as a tool to intimidate debtors into paying rather than to prevent a "Breach of the Peace". I think they are being called routinely even when there hasn't been a prior heated "discussion" and the debtor has no previous history. The Police are being used to generate profits for these corrupt companies.

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I believe that use of the police by enforcement agents should be closely regulated. The Police are being used as a tool to intimidate debtors into paying rather than to prevent a "Breach of the Peace". I think they are being called routinely even when there hasn't been a prior heated "discussion" and the debtor has no previous history. The Police are being used to generate profits for these corrupt companies.

 

The problem that needs to be addressed is that the police are unaware, or inadequately trained of the law in this area, and are under the mistaken impression that they are mainly on the same side as the bailiff, so side with him, even in the face of the bailiffs often blatant misuse of his powers, for which HE should actually be the one arrested.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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The problem is that police officers receive little or no training in how to deal with bailiffs, even though national guidelines are in existence. Another problem is that ACPO regard bailiff matter as "civil matters". Whether this has got something to do with their relationship with the trade associations bailiff and HCEO companies belong to needs to be investigated. The News International scandal has highlighted the dangers of inappropriate relationships between the police and commercial interests.

 

Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate. Any claims by bailiffs that police officers are required to help them gain entry to a debtor's home should be dealt with as a potential attempt to incite disaffection and be dealt with as such. Where a bailiff has made threats, either by letter, or by telephone or in person, these should be dealt with under relevant legislation, i.e. Malicious Communications Act 1988, Public Order Act 1986, Communications Act 2003. Although, under normal circumstances, arrest is the very last resort, in cases such as these, it should be a case of one and only warning before arrest. Where a debtor is classed as vulnerable, this should be regarded as aggravating factors in deciding whether or not to arrest a bailiff after giving them a warning or arresting them without a warning.

 

The police have been mislead by the civil enforcement iindustry and there will be a payback or, more accurately, a backlash and when it comes, bailiff and HCEO companies will not be prepared for it. I can see police officers coming down hard on bailiffs and HCEOs who cross the line.

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The problem is that police officers receive little or no training in how to deal with bailiffs, even though national guidelines are in existence. Another problem is that ACPO regard bailiff matter as "civil matters". Whether this has got something to do with their relationship with the trade associations bailiff and HCEO companies belong to needs to be investigated. The News International scandal has highlighted the dangers of inappropriate relationships between the police and commercial interests.

 

Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate. Any claims by bailiffs that police officers are required to help them gain entry to a debtor's home should be dealt with as a potential attempt to incite disaffection and be dealt with as such. Where a bailiff has made threats, either by letter, or by telephone or in person, these should be dealt with under relevant legislation, i.e. Malicious Communications Act 1988, Public Order Act 1986, Communications Act 2003. Although, under normal circumstances, arrest is the very last resort, in cases such as these, it should be a case of one and only warning before arrest. Where a debtor is classed as vulnerable, this should be regarded as aggravating factors in deciding whether or not to arrest a bailiff after giving them a warning or arresting them without a warning.

 

The police have been mislead by the civil enforcement iindustry and there will be a payback or, more accurately, a backlash and when it comes, bailiff and HCEO companies will not be prepared for it. I can see police officers coming down hard on bailiffs and HCEOs who cross the line.

 

ACPO should itself be investigated, as it is a for profit company, as most police forces now are as they are all registered as corporations on Dunn & Bradstreet, Far from being a union for Chief police officers as it is portrayed, it has a malign and corrosive influence to the detriment of police impartiality. and helps to politicise the police to the detriment of the public.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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.........Any training police are given in dealing with bailiffs should include insisting on seeing the court warrant and the bailiff or HCEO's certificate.........

 

+1

 

As I've said before, HCEO's are sending allsorts to enforce, the registered HCEO should be present in person. It's very wrong that HCEO companies are sending "security" industry people to enforce, There are a fair number with criminal connections and the debtor may find himself being extorted or burgled shortly after being visited.

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ACPO should itself be investigated, as it is a for profit company, as most police forces now are as they are all registered as corporations on Dunn & Bradstreet, Far from being a union for Chief police officers as it is portrayed, it has a malign and corrosive influence to the detriment of police impartiality. and helps to politicise the police to the detriment of the public.

 

I totally agree with you. In the light of the News International scandal, I can see ACPO's relationships with the trade associations in the civil enforcement and private security industries putting put under the microscope. You are absolutely right about the corrosive influence on police impartiality - ACPO are the ones promoting the "It's a civil matter" line with regard to bailiff misconduct. You are also right about the politicisation of the police -that's why officers are leaving in droves. Morale is at rock-bottom.

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I totally agree with you. In the light of the News International scandal, I can see ACPO's relationships with the trade associations in the civil enforcement and private security industries putting put under the microscope. You are absolutely right about the corrosive influence on police impartiality - ACPO are the ones promoting the "It's a civil matter" line with regard to bailiff misconduct. You are also right about the politicisation of the police -that's why officers are leaving in droves. Morale is at rock-bottom.

That is a great pity, as a lot of the common sense , and inherent fairness that was typical of the police of old, where a quiet word, and a ticking off did more good than a prosecution, has been lost to a new cadre of apparatchiks who chase targets to the detriment of the public they purport to serve.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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There is a provision in the Courts Act 2003 directing the Police to assist HCEO's, well I didn't know that.

 

http://www.legislation.gov.uk/ukpga/2003/39/schedule/7/paragraph/5#schedule-7-paragraph-4-4

 

This reinforces my comments about the High Court being the Queen's Court and The Police being sworn to the Crown.

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Only for fairly specific purposes according to paragraph 3, by the looks of it.

"Modern 'currency' is known as 'fiat money': it is artificially created, has no value in itself and the basis for use in exchange is typically a government edict." Paul Morran, Information Rights Unit of Her Majesty's Treasury.

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Zaniwhoop - I am looking into what assistance the police are actually allowed to provide to HCEOs. Once I have established exactly what assistance the police are required to provide, I will post it up.

 

Deadwood - I will look into what you have posted about the situation of HCEOs using what appears to be crims and post up my findings.

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