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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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Harsh NCP Ticket...


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Evening all,

 

I was considering just paying the ticket i received recently but the more i thought about it the more i thought it was unfair / very harsh. So i thought i would have a dig around on the net and came across this place.

 

briefly, the circumstances of how i ended up with a ticket are:

 

I arrived at brentwood station car park run by, and google tells me, owned by NCP.

 

It was fairly busy in one section of the car park, i am very picky about parking my car next / close to other cars so i bombed down to an area without many cars in it at all and picked a spot on the end of a row of bays. I did pass a signed about permits but thought that it was only for the bays directly by the sign. It would seem the permit area was from that sign and beyond to the end of the car park! Anyway, i bought my ticket for the day (over paid as i didn't have the correct change) and went about my day. came back and bang, i have a ticket for 75 notes on my wind screen!!! Anyone that has been to brentwood station car park (the massive one that's actually across the road from the station itself) will know that it is huge!! Accepted i parked where i should park, but to say that i caused them losses by paying for a space, parking in a permit spot is beyond belief. Notwithstanding that, there is acres, and i mean acres of car parking spaces that do not get used by the permit holders on a daily basis.

 

I have done some reading on this forum, and have come across the wording below. Firstly, do people here think i should have a go and defend the ticket? Secondly, what is the best reason / avenue to go down? i think proof of loss as i paid up and to my mind they lost absolutely nothing by me parking in that spot for the day!! A guy i know gave me a letter which was more about legal fiction, and no contract blah blah, but i wasn't convinced by this as i didn't full understand it (and i don't feel confident defending something with a letter i don't really understand should i need to them back it up further) he also said that signing an appeal letter means you have entered into a contract with the??

 

anyway, below is the wording i found on here, just to show that i have done some reading! :smile:

 

"Please read through the forum and get to understand what the arguments are.

Your defence will basically be

that you deny that you are indebted.

You deny that there was any contract.

That even if there was a contract, any term which they are attempting to rely upon is an unenforceable penalty because the money they claim is in excess of any administrative losses which may have been caused by you.

That the term they are trying to rely upon is also unfair under the Unfair Terms in Consumer Contracts regs. for the same reason - and therefore invalid.

 

And that in any event, they are not the owners of the carpark and furthermore they have no interesticon in the land which entitles them to enter into any contract or to name themselves as a claimant in the proceedings -

and furthermore, they do not have any authority from the landowners to bring any proceedings.

 

However, before we settle this.

Please lay out the exact facts - including who what where nature of signage etc.

 

In the meantime, write a letter to them - recorded and tell them that you want

details breakdown of any losses which they say were sustained by them and which they say were caused by you.

details of any losses which have been sustained by the landowner and which they say were caused by you

Evidence that they have the locus standii to sue you - and also written evidence that they are authorised by the landowner to do so.

 

Tell them that you will be defending their claim and that you will be informing the court that you have made these requests and that if they refuse or fail to provide you with the information, that you will inform the court of that refusal or failure."

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its a speculative invoice .

 

also NCP rarely if at all do court.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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did they send the popla thingy?

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Evening all,

 

I was considering just paying the ticket i received recently...... Anyway, i bought my ticket for the day (over paid as i didn't have the correct change) and went about my day. came back and bang, i have a ticket for 75 notes on my wind screen!!!."

 

 

 

What is the exact date of recently? Has any contact been made yet with NCP?

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I would make NCP work for their money by first of all appealing to them pointing out that you have paid the prescribed fee for the day and therefore you have caused no loss to them by parking as you did. Secondly, point out that the signage for the permit parking is inadequate and as such you have not breached the contract because you were ignorant of any contractual obligation due to the deficient signage.

They may well reject your appeal but are obliged to give you a POPLA reference number. You can them appeal to POPLA and the reason for your appeal will be that NCP failed to show how a loss was made by you paying the prescribed fee and that no claim for damages breach of contract can occur where contract conditions were not made clear at the time.(Olley v Marlborough Court Ltd 1949 and others). The only damages would be the price of the parking permit so they havent lost a bean.

Finally, if that isnt accepted by POPLA you can feel free to ignore NCP anyway as they will be hammered in court if they tried claiming what they havent lost.

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nope

 

Well you wait and see if you get a NTK in the post between 28- 56 days from 27th Nov.

In the meantime you can read up on the private parking industry....

Edited by armadillo71
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  • 1 month later...

hi, thanks for your replies. I Now have a notice from NCP.

 

I was thinking of writing and refusing to pay on the basis that i paid for a ticket, teher was acres of spaces and they have suffered no loss as a consequence....

 

or should i just ignore it?

 

Thanks

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No. They referred to popla on the ticket. i haven't appealed to anyone. i was waiting to see if i got a ntk, which i got a few days ago.

 

If the 1st correspondence through the post from NCP (NTK), is more than 56 days after the windscreen ticket(NTD), then they can't use POFA for keeper liability.... They can only go after the driver, and they don't know who that is!

Appeal as reg keeper saying you are not liable and under no obligation to name driver.

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Think about this before you "fire all your bullets" ( Other CAGGERS will advise first )

Reply to NCP re. ericsbrother #9. This WILL get rejected...(that's the SUCKER punch).. because they then HAVE to issue a POPLA no. Cost to them £29.50.

Then you appeal to POPLA with "It's timed out"

You only write as the RK.

RESULT

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ps: i received the notice on the 27th January, more than 56 days later.....

27/11--- 27/01... I make it 61 days...timed out

 

 

 

 

What is the issue date on the NTK though?

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  • 4 weeks later...

Date of the windscreen ticket, or "contravention" is the 27th November 2013.

 

The post date of the NTK was the 24th/01/14 (Friday) with the "date this notice is given" being the 28th January 2014. I actually received it on the 27th, which was the Monday.

 

I've just sat down to write a letter and I thought I would check this thread again before i actually go for it.....

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Hi all, today is the 27th day so i am looking to get something in teh post today..... Is the general consensus that I should appeal first as suggested, get a popla and then state that the notice to keeper wasn't issued in time? Or do i simply write stating that the NTK was not issued in accordance with the POFA and assume there is nothing to answer?

 

Cheers

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You cannot appeal because they havent given you a POPLA code. They havent issued one because you havent appealed to them. You havent appealed to them because they are timed out on issuing the NTK and therefore cant claim against you as the keeper of the vehicle. DONT DO ANYTHING unless you get another letter and then you tell the parking co that they were out of time for claiming against the keeper of the vehicle under the PoFA and can go whistle and any other correspondence will be considered as harassment and you will consider civil remedy for that..

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