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    • That is a superb WS. However, I have a few tweaks to suggest. In (2) "indicating" not "indication". I think to be consistent with your numbering, in (6) the Beavis case should be EXHIBIT 2. Do you really need to include over 100 pages of Beavis?  I think that would be likely to annoy the judge.  Just try and find the bit where they decide it was not a penalty due to having an interest in limiting the time that vehicles can stay. I'll have a look myself for this bit later as it's highly likely to be in WSs from PPCs who think that that paragraph means all their charges are valid always on every occasion. After your current (7) add this.  It's always useful to refer to a judgment when making a legal point - 8.  In the case PCM vs Bull, Claim No. B4GF26K6, where the Defendant was issued parking tickets for parking on private roads with signage stating “No parking at any time”, District Judge Glen in his final statement mentioned that: “the notice was prohibitive and didn’t communicate any offer of parking and that landowners may have claim in trespass, but that was not under consideration”.   In (14) if my maths are right the CPR request should be "EXHIBIT 3".  it is missing from your list of exhibits. In (16) the two figures should be £100 and £170.  They are entitled to increase fro,m £60 to £100, they are not entitled to increase to £170.  To make it clear for the judge I would write - 16. The Claimant has artificially inflated their claim for a £100 invoice to £170. This is simply a poor attempt to circumvent the legal costs cap at small claims. 17. The Claimant has also invented a second fictitious charge, for legal representative's costs, when they have no legal representative. You also need ot number your exhibits. The rest is excellent - well done.
    • Did you ever think of walking away? Become bankrupt and in 12 months it'll all be behind you. My feeling is that you may well get nothing from the sale of the property anyway. Going by the date this thread started it looks like eight years of arrears, lender's costs and receiver’s fees on top.
    • Just to clarify - I make use of evening legal clinics. It is not always possible to see a lawyer (they have limited time and days/week).  This means questions one has may never get answered or there's weeks between follow-ups.   To be really clear - I am representing myself; I am playing at being lawyer/ barrister - which means I take help wherever I can get it (and then research it thoroughly). Ae - a judge in a recent hearing pointed out the receiver is not part of my current proceedings - and suggested I have a separate claim v the receiver. Disclosure has presented damning evidence v the receiver  The receiver against whom I have a complaint is not part of the receiver governing body.   The receivership is in 2 names - a joint one.  My complaint is directed at whom I was told is the lead receiver.  The other named receiver IS a member of the governing body.  But he has now left the company.  And the lead receiver has retired - but is still a working consultant on my case.   All the evidence shows it was the 'lead' receiver who was doing all the  work/ the misbehaviour.   But if the appointment was 'joint' would I make a complaint against them both?    I am sure that wouldn't go down well with the other receiver who is at the beginning of his career. The law is very much against borrowers.   But the evidence against this receivership is crystal clear.   I just don't know how and to whom to complain.   The places I've tried so far don't offer much transparency       
    • Ok, noted, thanks again. I'll share details of every communication received just to make sure.
    • Yes. I sent back the PAP form stating they hadnt supplied the correct paperwork and that pdf is what they sent back
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NCP ANPR PCN - NCP Lincoln Central **CANCELLED**


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HI

I drove into the NCP in Lincoln several times over the last few weeks to collect keys from an office behind.

I park in the private car park at the back.

You have to drive through the NCP to get to it.

 

I have received a PCN for £100 as they clocked me going in and then leaving 19 mins later. I didnt park in their car park!!!

I will get several more of these over the next few days so am livid.

 

Surely they cannot charge you to drive through their car park, it is the only entrance to the private one at the back that they dont own.

 

Also, now they photograph you arriving and leaving does that mean i cant wait in there anymore for my disabled partner?

They are getting bad.

Any advice appreciated

Thanks

Edited by dx100uk
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Hi,

Before we advise, can you fill this out please

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket&p=4883055&viewfull=1#post4883055

 

Please ensure you say exactly which car park this is.

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Are you saying that driving through their car park is the only available access to the private land?

 

Who is the owner of the NCP car park?

 

Who is the owner of the carpark you are getting to?

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Who owns the office that you go to? Do they have the right to use the private car park and are they entitled to grant permission to people like yourselves who visit the office?

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For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement: 15/03/2018

2 Date on the NTK: 03/04/18

3 Date received: 06/04/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

 

5 Is there any photographic evidence of the event? Yes, front of car entering and back of car leaving. No photos of car stationery

 

6 Have you appealed? Not yet

Have you had a response?

 

7 Who is the parking company? NCP

 

8. Where is the car park? NCP Lincoln Central – free school lane lincoln

 

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. If you are unsure, please check here

 

BPA

Edited by dx100uk
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According to the dates you have given, the Notice to Keeper is Out of Time. This must be received by the keeper within 14 days as it is a camera controlled car park (ANPR)

 

Looking on Google, it seems there is only one entrance/exit to the site therefore (and if it can be proved) the private car park is a separate entity to the NCP car park and should be treated as separate land.

 

NCP are usually good with appeals and rarely take court action. Can you revisit the site and take pictures of all the signs and especially where you parked. Any signs that are different to the NCP ones should be photographed.

 

As for an appeal. Personally, I would go for it but without mentioning they are out of time. Keep that under your hat for later

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Good old No Clue Parking.

 

If you can answer the questions at post #5 that'll help.

 

 

If the only access to the private car park is via the NCP, the people that own/lease the car park that you're going to must have some kind of agreement with NCP. I'd be asking them first if they can help.

 

Failing that, as silverfox has said, according to the dates that you've given, this is going absolutely nowhere anyway. They're out of time to create keeper liability, so as long as they don't find out who the driver was they've got no chance!

 

You'll get all the usual threat-o-grams of course, but this isn't going anywhere near a court.

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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Who owns the office that you go to? Do they have the right to use the private car park and are they entitled to grant permission to people like yourselves who visit the office?

 

Good old No Clue Parking.

 

If you can answer the questions at post #5 that'll help.

 

 

I'm not sure that we have received these answers yet

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no contract between you and them and anyways,

they are breaching the DPA by even recording your number plate and then processing that data!

 

they will owe you money if you wish to pursue this but what I would do is ask the company whose land you visited what they do about false claims.

 

PE have to run a whitelist in a couple of locations where there is a right of access over land their cameras stare at and they will be fined a massive sum if they get it wrong so no reason to suppose that the same is not a possibility here.

 

Once you have this info them a short letter telling them that they are wrong and will be in trouble if they continue to harass you should the end

 

the matter. If it doesnt they are still wrong but you have more options depending on how far you want to take it

Edited by honeybee13
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It would help us if we knew where you were actually visiting and the place you parked. You can do a screenshot of the car park from google earth and then put a cross where you parked and of course any signs that differ from the NCP ones.

 

Your basic appeal is one of that you didn't park on any relevant land as the parking area visited was not part of the NCP car park.

 

Also, read the NTK again. DVLA do not give out details of the driver, only the keeper so any appeal MUST NOT include the drivers name. Just say, 'The Driver' If you ever did give them your name as the driver, this would negate any action you take and make things easier for NCP to chase the driver.

 

PE have to run a whitelist in a couple of locations where there is a right of access over land their cameras stare at and they will be fined a massive sum if they get it wrong so no reason to suppose that the same is not a possibility here.

Erm! was this just an example or are you thinking this thread is a PE one?

If you are asked to deal with any matter via private message, PLEASE report it.

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It seems we have another person who seeks advice but then won't engage with this thread.

 

It makes it very difficult for all the highly motivated people who want to provide support

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The office I go to has 1 space in this porivate car park, the others beking to other offices, i always use it if empty as it is private

 

Thanks, im off down tomorrow and will take photos etc so will know more then. In the m eantime do i reply to NCP

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Who owns the office that you go to? Do they have the right to use the private car park and are they entitled to grant permission to people like yourselves who visit the office?

 

The office I go to has 1 space in this porivate car park, the others beking to other offices, i always use it if empty as it is private

 

Thanks, im off down tomorrow and will take photos etc so will know more then. In the m eantime do i reply to NCP

 

we are trying desperately to work out if you should reply to NCP and what you should say. However, you are making it extremely difficult because you won't actually address the questions which are being put.

 

It's a bit like pulling teeth.

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To answer silverfox's question, yes I was using it as an example because these clowns should be doing the same so that way you and others dont get harassed and they dont drag people to court and lose when there is a very simple alternative.

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Latest - NCP DO NOT Own the land that the Serco car park is on. The only way to access the Serco car park is by entering the NCP car park/

. Serco have had a lot of trouble from NCP n the last few weeks andf cancelled a few tickets

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Latest - NCP DO NOT Own the land that the Serco car park is on. The only way to access the Serco car park is by entering the NCP car park/

. Serco have had a lot of trouble from NCP n the last few weeks andf cancelled a few tickets

In that case has SERCO got an unrestricted right of way accross that NCP carpark for vehicles accessing it? Wonder if DPD, DHL and Yodel keep getting ticketed for delivering to SERCO?

We could do with some help from you.

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Well, as the land is owned by a company with no financial link to NCP then this charge should be cancelled. There is no liability for crossing land to get to another site. NCP should have ensured that the vehicle actually parked on the land in question before going to the DVLA and as such, they are in breach of th KADOE contract they have with DVLA and should be reported. There is also potential for a breach of the Data Protection Act by accessing data they had no right to have in the first place.

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Problem for NCP is that their poxy ANPR only tags vehicles in and out, it has no camera probably that logs who is going in and out of SERCO, something it needs to be able to say that the vehicle actually parked in their area. and didn't just drive through to access SERCO.

 

I think if they were silly enough to do court proof that SERCO was the destination along with a right of way to access would blow them out of the water.

We could do with some help from you.

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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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Sorry can you please post up the letter where they use the word FINE?

 

Pop all those pic into ONE multipage PDF so we can zoom them

Read upload

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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Erm, hang on a minute. :|

 

You've got a NtK From NCP? That sign says UKCPS.

 

 

If I'm correct on both counts, even ignoring the Serco private parking area, this is going to be an easy win :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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I agree. At the entry to the site it clearly states NCP yet that sign says UKCPS. there is an NCP sign as well in the picture but further back.

 

It can't be stated more clearly than the road markings showing the SERCO so NCP have no claim on the land in question. A pretty poor show from NCP as they obviously haven't though this out properly.

 

I wouldn't even bother with an appeal, just a simple letter stating that there is no cause of action as 'The Driver' did not park in that car park I would also complain to the DVLA as NCP have obtained your private data with no grounds

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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mke sure that your letter is very firm., no mention of appeals just a plain worded you are wrong (for several reasons but the not parking bit should be the only one you need to mention) and that if they dont cease this nonsense you are minded to take action against them for the unlawful processing of your personal data as per VCS v Phillip Liverpool CC dec 2017.

 

They generally dont take any notice of threats of being sued but mention a specific case where they knwo the outcome is certain they should actually take notice

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