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    • 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!
    • 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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Business Rates for defunct company - WPO


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Dear All

 

I have posted elsewhere but got no answer so i am hoping this is the right place!

 

I have a NNDR outstanding on a leased property i used for my business. Now the business has ceased trading for the last 2 months, and whilst i dont dispute i owe money to the council, i pointed out that the company was no longer trading and that i wanted to set up a new account for the new company that i am director of.

 

I even offered to clear the previous debt in installments. The council didnt want to know and sent the bailiff around and he managed to secure a WPO by getting the landlord involved who agreed to open up the property if i didnt.

 

Anyway, i explained to the bailiff that the old company sold it office fixtures and fittings and PC's etc to the new company and that the entire contents of the office belonged to the new company.

 

He wouldnt take my word for it and levied on the contents of the office. Can they levy on goods that dont belong to the debtor? The only thing left in the office in the old companies name is the tennacy agreement as i havent got around to changing its name with the landlord.

 

The new company pays the rent by the way.

 

Now the bill was for 1800 or thereabouts, once the bailiff came over and he levied a 24.50 van fee, a 20 attendance fee and 400 costs (he waited for around 4 hours for me to get there from a meeting) so i paid him 100 with the WPO, and 500 the next day - but this has entirely been eaten up in charges to the baliff.

 

What should i do know? The council are only interested in getting the full amount paid, and the bailiff wont talk to me. The first i knew that the bailiff was coming around was when he rang me and told me he was going to gain access to the office.

 

Also, can he take my desks and office equipment? if he does, then i will have to fold the company as i cant afford to continue trading. This will result in the loss of my job, the part time secretary and the part time worker..............

 

Time is running out - i have about a week to stump up 1800 and i cant do it. advice please?

Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off

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This all depends on if they think you have sold all the assets to this new company to avoid paying what is owed. If they can make a case out for that then they will take the possessions.

 

Under normal circumstances items essential to you work cannot be taken.

 

The normal exemptions are tools, books, vehicles and other equipment needed for your work.

 

Do you have a bill of sale from one company to the other and can you show what happened to the money from this sale, was the money from the sale used to clear part of the debt? if not they may consider the first point valid and take it further.

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does the fact that the rates are business rates affect what they can or can not take?

 

When i challenged the bailiff for putting a levy against the server, PC and plotter for my work, he said he could levy on anything in the business. I said that i thought he could not levy on something essential for the work of the business he said that was only applicable for domestic tax not business rates.

 

Also, when i showed him my registration certificate and informed him that some of the goods were in the name of the new company, he said it didnt matter as the rent had been paid against the old company name therefore as far as he was concerned all goods inside belonged to the old company, irrespective of what i said.

 

I thought he could only levy against goods definatley in the name of the person / company namesd on the liability order. Where any dispute occured it had to be proven one way or the other?

Meekle Vs CAPQuest (littlewoods) No CCA produced WON Total alledged debt written off

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Whatever the rights and wrongs and what he can and can't take meekle, I would remove the server and hide it, especially if it has a customer base and accounts on.

If they should take it and it gets sold, they wont wipe the hard drive first.

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