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    • Hi I received a Parking Charge letter to keeper on Monday 15/04/24, the 17th day after the alleged incident. My understanding is that this is outside the window for notifying. The issue date was 08/04/2024 which should have been in good time for it to have arrived within the notice period but in fact it actually arrived at lunchtime on the 15th. Do I have to prove when it arrived  (and if so how can I do that?) or is the onus on them to prove it was delivered in time? All I can find is that delivery is assumed to be on the second working day after issue which would have been Weds 10//04/24 but it was actually delivered 5 days later than that (thank you Royal Mail!). My husband was present when it arrived - is a family member witness considered sufficient proof? 1 Date of the infringement  arr 28/03/24 21:00, dep 29/03/24 01.27 2 Date on the NTK  08/04/2024 (Date of Issue) 3 Date received Monday 15/04/24 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012?  Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No    Have you had a response?  n/a 7 Who is the parking company? GroupNexus 8. Where exactly [carpark name and town] Petrol Station Roadchef Tibshelf South DE55 5T 'operating in accordance with the BPA's Code of Practice'  
    • lookinforinfo - many thanks for your reply. It would be very interesting to get the letter of discontinuance. The court receptionist said that the county court was in Gloucester 'today' so that makes me think that some days it is in Gloucester and some days its in Cheltenham, it was maybe changed by the courts and i was never informed, who knows if DCBL were or not. My costs were a gallon of petrol and £3.40 for parking. I certainly don't want to end up in court again that's for sure but never say never lol. Its utterly disgusting the way these crooks can legally treat motorists but that's the uk for you. I'm originally from Scotland so it's good that they are not enforceable there but they certainly still try to get money out of you. I have to admit i have lost count of the pcn's i have received in the last 2 yr and 4 months since coming to England for work, most of them stop bothering you on their own eventually, it was just this one that they took it all the way. Like i mentioned in my WS the the likes of Aldi and other companies can get them cancelled but Mcdonalds refused to help me despite me being a very good customer.   brassednecked - many thanks   honeybee - many thanks   nicky boy - many thanks    
    • Huh? This is nothing about paying just for what I use - I currently prefer the averaged monthly payment - else i wouldn't be in credit month after month - which I am comfortable with - else I wold simply request a part refund - which I  would have done if they hadn't reduced my monthly dd after the complaint I raised (handled slowly and rather badly) highlighted the errors in their systems (one of which they do seem to have fixed) Are you not aware DD is always potentially variable? ah well, look it up - but my deal is a supposed to average the payments over a year, and i dont expect them to change payments (up or down) without my informed agreement ESPECIALLY when I'm in credit over winter.   You are happy with your smart meter - jolly for you I dont want one, dont have to have one  - so wont   I have a box that tells me my electricity usage - was free donkeys years ago and shows me everything I need to know just like a smart meter but doesnt need a smart meter,  and i can manually set my charges - so as a side effect - would show me if the charges from the supplier were mismatched. Doesn't tell me if the meters actually calibrated correctly - but neither does your smart meter. That all relies on a label and the competence of the testers - and the competence of any remote fiddling with the settings. You seem happy with that - thats fine. I'm not.    
    • Evening all,   So today, I was sent an updated offer that includes the £12.60 I spent on letters, but they have declined to add the interest at £7.40. They have stating 'We acknowledge your request to claim interest to date, however, this would be at the discretion of a trial judge if the claim did proceed to a trial hearing.' I think I am content with this outcome, and pushing this to a trial for a total interest of £15.30 throughout the claim does not make sense to me.   What are people's thoughts? I am sure our courts have better things to concentrate on?
    • FFRSG3424ListofEvidencepdf-V1 2-merged.pdfFFRSG3424ListofEvidencepdf-V1 2-merged.pdf 2pages T&C,s UCM
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The truth about the number of parking cases lodged by BPA members in the Small Claims court in 2011


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Compliments of Nev - a tireless worker for the rights of motorists in the UK

 

 

I have an idea that the BPA at some point claimed that there about 36,000 cases per year? Maybe someone can correct me

Dear All,

 

Please find the attached breakdown of those now infamous 845 private parking cases that were lodged by BPA AOS members in the small claims court for 2011 (England and Wales).

 

For those who are not aware, the BPA have come up with a number of explanations as to why these 845 cases don't appear to match their claimed figures of 36,000 to 90,000

 

1) They first thought that the 845 were only appeals to a circuit judge (no they are not)

 

2) Their members list hundreds of cases on one application (no they don't - that's not how the system works - it's one case one listing)

 

3) They don't include NI and Scotland (true- but they represent only a tiny proportion of the population of the UK)

 

4) It was a best guess and they told the DVLA that, it's the DVLA's fault for using the figures in the Impact Assessment.

 

Regards

 

Nev

 

Data (2).xls

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Name of Parking Company Number of claims initiated

ARMTRAC SECURITY SERVICES 28

BALFOUR BEATTY WORKPLACE LIMITED 8

BALFOUR BEATTY WORKPLACE LTD 2

BUSINESS WATCH GUARDING LTD 2

CAR PARK SOLUTIONS 1

COMBINED SOLUTIONS UK LTD T/AS COMBINED PARKING SOLUTIONS 10

COMBINED SOLUTIONS UK LTD T/AS COMBINED PARKING SOLUTIONS 8

COUNTY PARKING ENF AGY LTD 22

DEVERE PARKING SERVICE 4

DEVERE PARKING SERVICES 92

DEVERE PARKING SERVICES ( A FIRM) 14

DEVERE PARKING SERVICES (A FIRM) 58

DEVERE PARKING SERVICES LTD 52

DISTRICT ENFORCEMENT LIMITED 30

EAST KENT HOPITALS UNIVERSITY NHS FOUNDATION TRUST 1

EAST KENT HOPITALS UNIVERSITY NHS FUNDATION TRUST 1

EAST KENT HOSPITAL NHS TRUST 1

EAST KENT HOSPITALS U.NHS.F.T ROSS HOUSE 25

EAST KENT HOSPITALS UNIVERSITY N H S FOUNDATION TRUST 1

EAST KENT HOSPITALS UNIVERSITY NHS 1

EAST KENT HOSPITALS UNIVERSITY NHS FOUNDATION TRUST 14

EAST KENT HOSPITALS UNIVERSITY NHS TRUST 1

EAST KENT HOSPTALS UNIVERSITY NHS FOUNDATION TRUST 1

EAST KENT UNIVERSITY NHS FOUNDATION TRUST 1

ELITE MANAGEMENT (MIDLANDS) LI 53A LOWER HALL LANE 8

ELITE MANAGEMENT (MIDLANDS) LI BRADFORD HOUSE 7

ELITE MANAGEMENT LTD 53A LOWER HALL LANE 7

ETHICAL GROUP LTD 1

EURO CAR PARKS LIMITED 7

EXCEL PARKING SERVICES 1

EXCEL PARKING SERVICES LIMITED 7

EXCEL PARKING SERVICES LTD 10

LEGAL PARKING ENFORCERS(UK)LTD 23

NAPIER PARKING LIMITED 1

NCP LTD 2

NEW GENERATION PARKING MANAGEMENT LTD 2

NEWLYN PLC 7

NORTHERN RAIL LTD 2

OBSERVICES PARKING CONSULTANCY LTD 167

OBSERVICES PARKING CONSULTANCY LTD 56

OCS GROUP UK LTD T/A CANNON C ONSUMABLES NORTHGATE WHIT 7

PARKINGEYE LIMITED 40 EATON AVENUE 5

PARKSHIELD.COM LTD T/A PCPEA 9

PREMIER PARKING SOLUTIONS 13

RESIDENTIAL MANAGEMENT GROUP LIMITED 1

RESIDENTIAL MANAGEMENT GROUP LTD 1

RISK CONSULTANTS LTD T/A APSECT PARKING SOLUTIONS 1

RISK CONSULTANTS LTD T/A ASPECT PARKING SOLUTIONS 5

RISK CONSULTANTS LTD T/A ASPECT PARKING SOLUTIONS 19

RISK CONSULTANTS LTD T/S ASPECT PARKING SOLUTIONS 1

RISK CONSULTANTS T.AS ASPECT PARKING SOLUTIONS 1

RISK CONSULTANTS T/A ASPECT PARKING SOLUTIONS 1

ROSSENDALES COLLECT LIMITED 1

ROSSENDALES LTD 1

SALISBURY NHS FOUNDATION TRUST 2

SECURE CAR PARKS LTD 26

SECURITAS SECURITY PERSONNEL L TD CREDIT CONTROL REGENT BU 2

SECURITAS SECURITY PERSONNEL LIMTED 1

SECURITAS SECURITY SERVICES 1

SECURITAS SECURITY SERVICES LI MITED 203-205 LOWER RICHMOND 1

SECURITAS SECURITY SERVICES LI MITED UNIT 2 REDHALL COURT 1

SUSSEX SECURITY SOLUTONS LTD 34

TOTAL PARKING SOLUTIONS LTD 1

TOTAL PARKING SOLUTIONS LTD SOMERSET HOUSE 4

VEHICLE CONTROL SERVICES 2

VEHICLE CONTROL SERVICES LIMITED 8

VEHICLE CONTROL SERVICES LTD 7

VINCI PARK CAR PARK SERVICES U PORTSOKEN HOUSE 2

WING PARKING LTD 1

Total 845

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I'd already done some more work on this and got hold of the email exchanges between the BPA and the DVLA that give the audit trail for the original figures (the emails are redacted courtesy of the DVLA).

 

What is clear from those emails and must not get confused is this.

 

The BPA did not supply the DVLA with a numeric figure, they gave then a percentage return of between 2-5% of all AOS members PCN's taken to the small claims court each year (this is important because of what I will get to in a minute or so).

 

It was the DVLA who took that 2-5% range and converted it into a numeric range of being between 36,000 and 90,000. The DVLA did this on the basis that they reckoned on 1.8 million BPA AOS PCN's per year.

 

OK park that there for a minute.

 

Lets go back to the email exchanges, when the BPA gave the 2-5% figure, they also claimed that they believed that their members were issuing 4 million PCNs per year

 

This means that the BPA were (in effect) at that time feeding the DVLA a numeric range of between 80,000 to 200,000 cases in the small claims court each year!

 

The email subject boxes are marked as "AOS Operator Survey Results" - this was not therefore a 'best guess' nor anecdotal evidence informally provided to the Dft. This was information that was passed to the DVLA under the email heading of 'AOS Operator Survey Results'

 

Furthermore, this was information repeatedly asked for by the DVLA to (quote) 'satisfy the economists'

 

It is this 'smoking gun' email sent by Steve Clark (Cc'd to Patrick Troy and Kelvin Reynolds) which contained the crucial 2-5% response for the DVLA and the claim of 4 million tickets

 

That means that 'they' (all three of them were party to the email) were trying to convince the DVLA that their members were taking between 80,000 and 200,000 motorists to court each year!!

 

Now I know that the DVLA challenged them over the 4 million figure which was eventually haggled down to 1.8 million but surely to God the alarm bells should have gone off in the DVLA with the huge disparity and the retraction, when pushed, from 4 million to 1.8 million.

Edited by Nev Met
typo
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I can only speculate on that. The true figures would not have supported the argument for RK liability and secondly, if you read the actual Impact Assessment that the DVLA wrote I don't think the BPA could have done a better job themselves at making the arguments.

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