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    • The incident was 03rd March 2024 - and that was the only letter that I have received from MET 15th April 2024 The charge I paid was at the Stansted Airport exit gate (No real relevance now - I thought this charge was for that!!).   Here is the content of email to them (Yes I know I said I was the driver !!!!) as said above -  I thought this charge was for that!! "Stansted Airport" Dear “To whom it may concern” My name is ??  PCN:  ?? Veh Reg: Date of Incident: 03rd March 2024 I have just received a parking charge final reminder letter, dated 10th April 2024 - for an overstay.  This is the first to my knowledge of any overstay. I am aware that I am out of the 28 days, I don’t mean to be rude, this feels like it is a scam My movements on this day in question are, I pulled into what looked like a service station on my way to pick my daughter and family up from Stansted airport. The reason for me pulling into this area was to use a toilet, so I found Starbucks, and when into there, after the above, I then purchased a coffee. After which I then continued with my journey to pick my daughter up. (however after I sent this email I remember that Starbucks was closed so I then I walked over to Macdonalds) There was no signs about parking or any tickets machines to explains about the parking rules. Once at Stansted, I entered and then paid on exit.  So Im not show where I overstayed my welcome.. With gratitude    
    • Just to enlarge on Dave's great rundown of your case under Penalty. In the oft quoted case often seen on PCNs,  viz PE v Beavis while to Judges said there was a case for claiming that £100 was a penalty, this was overruled in this case because PE had a legitimate interest in keeping the car park free for other motorists which outweighed the penalty. Here there is no legitimate interest since the premises were closed. Therefore the charge is a penalty and the case should be thrown out for that reason alone.   The Appeals dept need informing about what and what isn't a valid PCN. Dummies. You should also mention that you were unable to pay by Iphone as there was no internet connection and there was a long  queue to pay on a very busy day . There was no facility for us to pay from the time of our arrival only the time from when we paid at the machine so we felt that was a bit of a scam since we were not parked until we paid. On top of that we had two children to load and unload in the car which should be taken into account since Consideration periods and Grace periods are minimum time. If you weren't the driver and PoFA isn't compliant you are off scot free since only the driver is liable and they are saying it was you. 
    • Thank you dx. I consider myself well and truly told :) x Thank you dx. I consider myself well and truly told :) x
    • Doubt the uneconomic write off would be registered, unless you agreed to accept write off settlement of the claim. It is just cosmetic damage. All that has happened, is that the car has been looked at and they realised the repair costs are going to exceed the value of the car. If the car is perfectly driveable with no upcoming normal work required to pass next MOT, your current Insurers will continue Insurance and you can accept an amount from third party Insurers to go towards you repairing the scratched bodywork.    
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Untaxed vehicle


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I got a letter from the dvla that says they have photographic evidence of my car on the road (6/9/2017) and if I did not pay an out of court settlement of £361 by 29/9/2017 they would send it to court to get it.

 

I haven’t taxed it since March and I have taken a few months off work to do some home projects, but I got busted the other day going into town, as above.

 

They say that even if I tax it then the penalty of £361 still stands and I have to pay it to them.

 

Can they do this?

 

Also I just went online to get it taxed and it says that I have not paid since Nov 2016,

I am sure I taxed it in Spetember 2016 and it ran out in Feb/beginning March 2017…

 

Thanks

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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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The Late Licensing Penalty is treated as a civil matter.

 

Using or keeping an unlicensed vehicle on a public road is a criminal offence, if the out of court settlement offer is not paid, it is a matter for a court case in magistrates' court.

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  • 5 months later...

Yes.

PUBLIC being the operative word. Law is funny around this point but the SORN doesnt allow it to be just left in a car park.

is this something they can do to me even though my license is revoked? being in a public car park not on the road
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Yes.

PUBLIC being the operative word. Law is funny around this point but the SORN doesnt allow it to be just left in a car park.

 

A SORN is valid as long as the vehicle is not used or kept on a 'public road' - a road repairable at public expense. A car park is not a road - Clarke v Kato and others, House of Lords 1989

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A SORN is valid as long as the vehicle is not used or kept on a 'public road' - a road repairable at public expense. A car park is not a road - Clarke v Kato and others, House of Lords 1989

 

Yes and no. The marked spaces in a car park are not subject to the RTA. The roadways are. So a vehicle in the roadway even within a car park must have everything that it needs (VEL, insurance, MOT etc).

 

But assuming that the vehicle was parked in a space, as it normally would be when parked in a car park, then the 'public car park' is a bit of a red herring.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Yes and no. The marked spaces in a car park are not subject to the RTA. The roadways are. So a vehicle in the roadway even within a car park must have everything that it needs (VEL, insurance, MOT etc).

 

But assuming that the vehicle was parked in a space, as it normally would be when parked in a car park, then the 'public car park' is a bit of a red herring.

 

A public car park would be a 'public place' for the purposes of the Road Traffic Act 1988, and so that act would apply.

For vehicle licensing and SORN purposes, it would need to be considered to be a 'public road' within the meaning of the Vehicles Excise & Registration Act 1994.

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A public car park would be a 'public place' for the purposes of the Road Traffic Act 1988, and so that act would apply.

For vehicle licensing and SORN purposes, it would need to be considered to be a 'public road' within the meaning of the Vehicles Excise & Registration Act 1994.

 

Ahh yes, you are correct. My mistake. Although it's probably not helped by the fact that legislation plays 'mix & match' with what it defines as a road. :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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There was a case of a chap who got lost following his satnav and drove up a farm track and got stuck. When he called for help he got doen for driving without due care ad attention. This begs the question as to why the law applies on private land and also WHAT other road users?

 

If the law is misapplied the yu can bet your bottom dollar it will be misapplied in the circumstances outlined here. The original case law regarding display of tax discs was in Cheam Library car park and the judge said that it didnt matter how the vehicle got there it was only how it was when the CEO ticketed it that was important so there is some protection from the law but the OP will soon have his car removed and also get a further series of bills for the priviledge

Edited by honeybee13
Paras
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If the farm track was considered to be 'a road or other public place' within the meaning of the Road Traffic Act 1988, then a charge of careless driving is possible - s.3 of that act.

 

If Cheam library car park was not considered to be a 'public road' within the meaning of the Vehicles Excise Act 1994, the judge was correct that there was no a requirement to display a vehicle licence.

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OP has not been here since sept 2017

 

thread now closed due to newbie bumping since then

 

start a new thread

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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Share on other sites

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That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

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