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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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Dvla fine no tax


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Hi there...

 

I have received a letter from ADVANTIS.

 

It says I owe monet for a LATE LICENSE PENALTY to the lovely sum of £80...

 

Am I right in believing that they ahve no power here and I need to call DVLA to either pay or sort out?

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yep..you totally ignore the powerless DCA

 

speak to the DVLA directly

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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  • 5 weeks later...

Hi, received a letter from DVLA - Or so I think..

 

It'd for an untaxed vehicle. My vehicle was definitely untaxed and was meaning to sort earlier, it was taxed before I got the letter too..

 

Asking for over £150 to be paid by full today (I was just about to call to sort but thought I would come on here first).

 

Do DVLA send letters out like this?

 

The fine seems a little too much?!

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It can depend on what the DVLA are claiming - the Late Licensing Penalty, or an 'out of court settlement offer'.

 

 

Hi it says Out of Court Settlement.

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  • 1 month later...

My van was clamped outside my home early may.

 

 

 

I went to the post office, set up a direct debit, then called the clampers and paid the £100 or so clamp fine, clamp was released later that day/eve.

 

 

 

I thought that was it.

 

 

 

Just received a letter from DVLA conmen asking me to pay fine just short of £200.

 

 

I was under the impression that if you taxed it and paid the clampers that was it..

 

 

I am goinf to appeal it but just wonderd if you had any advice on what I should be saying, will they be softened up if I say I was hoping they would see light if I taxed it etc.

 

 

 

Thanks.

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You've paid the release fee and now paid the current vehicle exise duty.

There is also a fine for the period you were driving the vehicle without it.

Post all paperwork you were given

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You've paid the release fee and now paid the current vehicle exise duty.

There is also a fine for the period you were driving the vehicle without it.

Post all paperwork you were given

 

 

Post where? On here?

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I just think the fine is massively excessive, that's 4 days work for some people.

 

I was selling my van, and it was likley to sell at any moment. Will they back down on this at all?

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  • 4 weeks later...

Hi, I have appealed against a penalty fine for no tax,

there was a good valid reason why it was untaxed but of course they NEVER accept appeals,

it's just a buffer to make it look like they will listen,

absolute dogs they are..

 

 

My question is - is that it?

Do I have the right to appeal again to take it higfher up?

And how fast do I have to pay it,

can hardly afford the nearly £200 fine right now in one blow...

Can I suggest part payments?

 

Thanks.

Edited by dx100uk
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What was your reason on appeal?

Vehicles can only be in 4 states

Taxed and insured

SORN

Exported

Scrapped

 

Not having the finances to tax is not a valid appeal.

 

If you cant afford the fine you can ask for an arrangement but it will be steep repayments, if they allow it.

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Hi all..

 

I was selling the vehicle

- right after I bought it I decided to sell, so never sorn it or taxed it..

 

As I thought it would sell in a week,

it took 4 weeks,

they came and saw it was untaxed and not sorn,

I said it was because a sale fell through..

 

They sent a letter from an 'un-named officer' and unsigned (obviously just an automated print out) saying they have decided to decline the offer of appeal... Obviously.

Edited by dx100uk
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