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    • S13 (2)The creditor may not exercise the right under paragraph 4 to recover from the keeper any unpaid parking charges specified in the notice to keeper if, within the period of 28 days beginning with the day after that on which that notice was given, the creditor is given— (a)a statement signed by or on behalf of the vehicle-hire firm to the effect that at the material time the vehicle was hired to a named person under a hire agreement; (b)a copy of the hire agreement; and (c)a copy of a statement of liability signed by the hirer under that hire agreement. As  Arval has complied with the above they cannot be pursued by EC----- ------------------------------------------------------------------------------------------------------------------------------------------------------------------- S14 [1]   the creditor may recover those charges (so far as they remain unpaid) from the hirer. (2)The conditions are that— (a)the creditor has within the relevant period given the hirer a notice in accordance with sub-paragraph (5) (a “notice to hirer”), together with a copy of the documents mentioned in paragraph 13(2) and the notice to keeper; (b)a period of 21 days beginning with the day on which the notice to hirer was given has elapsed;  As ECP did not send copies of the documents to your company and they have given 28 days instead of 21 days they have failed to comply with  the Act so you and your Company are absolved from paying. That is not to say that they won't continue asking to be paid as they do not have the faintest idea how PoFA works. 
    • Euro have got a lot wrong and have failed to comply with the Protection of Freedoms Act 2012 Schedule 4.  According to Section 13 after ECP have written to Arval they should then send a NTH to the Hirer  which they have done.This eliminates Arval from any further pursuit by ECP. When they wrote to your company they should have sent copies of everything that they asked Arval for. This is to prove that your company agree what happened on the day of the breach. If ECP then comply with the Act they are allowed to pursue the hirer. If they fail, to comply they cannot make the hirer pay. They can pursue until they are blue in the face but the Hirer is not lawfully required to pay them and if it went to Court ECP would lose. Your company could say who was driving but the only person that can be pursued is the Hirer, there does not appear to be an extension for a driver to be pursued. Even if there was, because ECP have failed miserably to comply with the Act  they still have no chance of winning in Court. Here are the relevant Hire sections from the Act below.
    • Thank-you FTMDave for your feedback. May I take this opportunity to say that after reading numerous threads to which you are a contributor, I have great admiration for you. You really do go above and beyond in your efforts to help other people. The time you put in to help, in particular with witness statements is incredible. I am also impressed by the way in which you will defer to others with more experience should there be a particular point that you are not 100% clear on and return with answers or advice that you have sought. I wish I had the ability to help others as you do. There is another forum expert that I must also thank for his time and patience answering my questions and allowing me to come to a “penny drops” moment on one particular issue. I believe he has helped me immensely to understand and to strengthen my own case. I shall not mention who it is here at the moment just in case he would rather I didn't but I greatly appreciate the time he took working through that issue with me. I spent 20+ years of working in an industry that rules and regulations had to be strictly adhered to, indeed, exams had to be taken in order that one had to become qualified in those rules and regulations in order to carry out the duties of the post. In a way, such things as PoFA 2012 are rules and regulations that are not completely alien to me. It has been very enjoyable for me to learn these regulations and the law surrounding them. I wish I had found this forum years ago. I admit that perhaps I had been too keen to express my opinions given that I am still in the learning process. After a suitable period in this industry I became Qualified to teach the rules and regulations and I always said to those I taught that there is no such thing as a stupid question. If opinions, theories and observations are put forward, discussion can take place and as long as the result is that the student is able to clearly see where they went wrong and got to that moment where the penny drops then that is a valuable learning experience. No matter how experienced one is, there is always something to learn and if I did not know the answer to a question, I would say, I don't know the answer to that question but I will go and find out what the answer is. In any posts I have made, I have stated, “unless I am wrong” or “as far as I can see” awaiting a response telling me what I got wrong, if it was wrong. If I am wrong I am only too happy to admit it and take it as a valuable learning experience. I take the point that perhaps I should not post on other peoples threads and I shall refrain from doing so going forward. 🤐 As alluded to, circumstances can change, FTMDave made the following point that it had been boasted that no Caggers, over two years, who had sent a PPC the wrong registration snotty letter, had even been taken to court, let alone lost a court hearing .... but now they have. I too used the word "seemed" because it is true, we haven't had all the details. After perusing this forum I believe certain advice changed here after the Beavis case, I could be wrong but that is what I seem to remember reading. Could it be that after winning the above case in question, a claimant could refer back to this case and claim that a defendant had not made use of the appeal process, therefore allowing the claimant to win? Again, in this instance only, I do not know what is to be gained by not making an appeal or concealing the identity of the driver, especially if it is later admitted that the defendant was the driver and was the one to input the incorrect VRN in error. So far no one has educated me as to the reason why. But, of course, when making an appeal, it should be worded carefully so that an error in the appeal process cannot be referred back to. I thought long and hard about whether or not to post here but I wanted to bring up this point for discussion. Yes, I admit I have limited knowledge, but does that mean I should have kept silent? After I posted that I moved away from this forum slightly to find other avenues to increase my knowledge. I bought a law book and am now following certain lawyers on Youtube in the hope of arming myself with enough ammunition to use in my own case. In one video titled “7 Reasons You Will LOSE Your Court Case (and how to avoid them)” by Black Belt Barrister I believe he makes my point by saying the following, and I quote: “If you ignore the complaint in the first instance and it does eventually end up in court then it's going to look bad that you didn't co-operate in the first place. The court is not going to look kindly on you simply ignoring the company and not, let's say, availing yourself of any kind of appeal opportunities, particularly if we are talking about parking charge notices and things like that.” This point makes me think that, it is not such a bizarre judgement in the end. Only in the case of having proof of payment and inputting an incorrect VRN .... could it be worthwhile making a carefully worded appeal in the first instance? .... If the appeal fails, depending on the reason, surely this could only help if it went to court? As always, any feedback gratefully received.
    • To which official body does one make a formal complaint about a LPA fixed charge receiver? Does one make a complaint first to the company employing the appointed individuals?    Or can one complain immediately to an official body, such as nara?    I've tried researching but there doesn't seem a very clear route on how to legally hold them to account for wrongful behaviour.  It seems frustratingly complicated because they are considered to be officers of the court and held in high esteem - and the borrower is deemed liable for their actions.  Yet what does the borrower do when disclosure shows clear evidence of wrong-doing? Does anyone have any pointers please?
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OPS/Gladstones ANPR PCN Claimform - Broadwater Street West in Worthing, West Sussex


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Hello all. First of all thank you very much for supporting this website. It has given me some hope in what to me appears to be a very dishonest situation.

 

Summary

 

PCN received after stopping for 12 mins at the entrance to a P&D car park in which ALL 4 Spaces were blocked by a wooden pallet each with a notice saying the road was too narrow for parking and emergency access.

 

Details

 

Broadwater Street West in Worthing, West Sussex is a short, narrow L-shaped side street running along the side of Starbucks and to the left behind it and other buildings, giving access to lock-up garages and waste bins. It has 4 parking spaces nose to tail running from the entrance of the road.

 

My passenger had a painful case of cystitis and needed to use the loo. Thankfully we saw a Starbucks and from the main road it looked like there were parking spaces free in the side street next to it. After turning into the street and letting my passenger out, I saw that each of the parking bays had a wooden pallet in them preventing their use. In addition there was a sheet of paper on the wall to the side of each space saying that access was required at all times in case of emergency, bin collection and deliveries and that the road is too narrow for parking cars and through traffic. This is certainly the case.

 

Having entered this narrow street the only way out was too drive to the end of the L where there is just enough space to turn around and then drive back to the entrance. Unable to park I waited just short of the main road for my passenger to return. Although I had fully intended to pay, with it not being physically possible to park let alone legal, the whole place gave the appearance that parking was at least suspended if not cancelled. Hence it never crossed my mind that I would be penalised for stopping there. There is of course no one supervising to tell you.

 

My passenger could have just run in to Starbucks, used the toilet and run out but being polite she chose to buy some tea. We had just left the vet after having spent an hour talking to one of their very kind nurses about the loss of our dog which has been heartbreaking. It was a very emotional time and with the cystitis as well I couldn't drive off and leave them; stopped by the entrance I could at least clear the road if for example an emergency vehicle required access.

 

They returned after approx 10 mins and we left.

 

What Happened

 

PCN received for "Failing to Park Within a Marked Bay". Given the situation described above where I was physically unable to park in a marked bay, let alone do so without blocking emergency access I thought it was a [problem] and a quite ludicrous one at that. And for this reason I have not contacted One Parking Solutions.

 

I have since received a letter from ZZPS Limited saying my unpaid PCN has been passed to them to resolve. The balance owed has now increased to £170. They have quoted Parking Eye v Beavis as a recent Supreme Court Ruling. I have spoken to them and they said I was parked for 12 mins. If I do nothing the matter will be passed to their solicitors.

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Can you please copy and fill this out with your own answers?

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

All of the emotional stuff is largely irrelevant so just stick to the facts - you went to park, the parking spaces were occupied by pallets, therefore you were unable to park in a marked bay and was not actually 'parked' as such?

Have they provided photographs of you in the area? Would they support your assertion that the pallets were occupying spaces? Did you not notice anybody taking phoitos - did they issue a ticket on site or only via the post?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Hi Sidewinder

 

They have a camera installed that took a photo of the car "parked" at the entrance to the road. That photo only shows my car parked at the entrance to the street, so no pallets in that photo.

 

They've also said that they have others available to view n their website, maybe they will show the pallets? I do have recent photos showing the pallets and the notice about access.

 

The first I knew about it was a letter in the post.

 

Just to confirm, it's a Parking Charge Notice delivered by post.

Will fill in the form.

 

Thank you!!!

 

Here is the form you requested

 

[

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Thanks - for ease of reading:-

 

1. Date of Infringement - 4th May 2018

2. Date on the NTK - 11th May 2018

3. Date Received - Unknown as not signed for.

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, via onsite camera. Photos available

online via their website (in addition to the one in the PCN)

6. Have you appealed? No

7. Who is the parking company? One Parking Solutions Ltd

8. Where exactly? Broadwater Street West P&D, Worthing BN14 9DE

The letter informs how to appealing to themselves and “if OPS deem your appeal

unsuccessful, you will be informed on how to appeal POPLA”.

They have BPA and BPA Operator Approved logos at the bottom of the PCN.

 

OK - one of the parking experts will no doubt be along shortly, but even I can see holes in this, not least that they cannot identify who the driver was (so make sure that you do not do so!) so their NTK would not seem to be PoFA compliant

 

Can you post up a PDF of the letter, with all identifying marks, codes etc redacted?

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

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Long thread title shortened

Numerous consecutive posts merged

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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yes read upload

pop everything in one multipage PDF

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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Oh man that ZZPS letter is a gem! It might just as well have been written in crayon by a four year old. They refer to the Beavis case with no context or reason why it is relevant - just that 'we say so' and that 'somebody' has added a clearly unlawful £70 'administration fee' to the PCN amount

 

The letter from the PPC also tells you that they can pass liability to the driver but with no mention of the relevant authority

 

Might be an idea to grab some photos of signage if you are local

 

Parking isn't my forte - but I have no doubt that somebody will soon advise your next steps. Fortunately it does not look as though this organisation 'does' court, but you may need to put them on notice that should they be silly enough then they will end up out of pocket, but don't do anything unless and until a wiser one than I tells you what to do!

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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we really need to see the original letter they sent as it must cntain certain information and include certain key phrases otherwise it doesnt count for anything.

 

 

I would alos say that what they have as so called evidence isnt validas the sigange must be clear on what is offered and a piece of paper saying thta you cant park because of the bin lorries isnt a contract to park!

also we need more detail on exactly where the event was because Broadwater St West is the A24 not a narrow private road. However, I think I have found it on Google spyonyourneighbour so please confirm.

 

 

From what I can see there is NO signage at the entrance to the land, the marked bays are the best part of 100yds from the entrance so any signs there may as well be on the moon as far as a collateral contract goes.

Ignore ZZPS, they have no interest in anything, thye get paid to write silly scary letters

 

 

So, show us the original NTK and we will pick holes in that. In the meanwhile dont speak or contact anyone about this, you can probably bury them by their own outpourings. At ther moment it is all going your way and I cant see it changing but that doesnt mean they will drop the matter just because they are wrong, the only way most parking co's make money is by lying

Edited by honeybee13
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Hi Ericsbrother. The original NTK is the first pdf of the 3 in the merged post above. That has been their only communication with me; the NTK does say that other photos are available on their website - is it ok to look at them? They can only be from the same position as there is only one camera there.

 

There isn't any signage at the entrance to the land and it certainly isn't obvious that it's private land. I have returned to the site and will attach the photos in a (merged) document below and include the exact location including the positions of the parking bays on a map.

 

Thank you!!

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your images have been hidden, presumably because you left in information that will identify you such as a bar code or reference number. When it first went up I only saw the ZZPS header.

 

Would I bother looking at their images?

Not really, they can only show then if you use the reference number to get to it and as they are incapable of being able to identify the truth I wouldn't believe any assurance you got from their privacy blurb about accessing data.

 

You could annoy them and ask for copies of any data they hold on you as they have now indicated that they do and that you will be seeking a correction of any erroneous data they hold.

 

Do this after you get a little more certainty of the strength of your position and then you can give them the run around at their expense. Same goes with ZZPS if you wish but leave that for a while as they wont have much yet.

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Here are the combined original documents (at least, I think this was all of them)

OPS-ZZPS Binder1.pdf

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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Hi all. I'm really sorry but I've been trying to create a single merged file and ended up creating a monster...

 

It's 113Mb and was too large for the upload section so I deleted the files I already had in there.

 

On top of that I've had dreadfully slow internet all day so couldn't upload the monster.

I will try again now in the post below.

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the NTK is not complaint with the POFA and so no-one owes them money for anything

That is without arguing over the non-existent signage and whether they have any authority to do anything.

 

The signage doesn't say anything about paying these bandits £100 for breaching any non-existent terms so they dont have a hope in hell of collecting a penny via legal action if this is pointed out in a defence.

 

Likewise the sigange lacks everything that the law requires as far as information about who you are making a deal with and so forth, really the worst parking sign we hae seen for a while.

 

As you have only got as par as meaningless threatograms I would ignore them but when you get the next stage threatogram, most likely from the worlds most brilliant (at losing ther clients money) solicitors, Gladstones ( owned by the same people who own the IPC)

 

so when you get to there we will suggest a few words to send them regarding the poor advice the IPC give to their mambers o how to write a sign so it fulfils the requirements of simple contract law, somehting even a simple solicitor should be able to do. Even GCSE law is more rigourous than their efforts.

Edited by dx100uk
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  • 3 weeks later...

So, one company that has no rights over the (alleged) debt has passed it to another company that has no right to the debt who are about to pass it to a third company that will have no rights over it either.

 

Jolly good :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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as DF says,

it isnt theirs to pass on so they cant add anything.

 

they are hoping that you will think that by the time it has been twice around the block the total will be hundreds and hundreds and you are scared into paying up before this happens.

 

Well, father christmas doesnt exist- now that means you dont have to be good anymore as nothing worse can happen.

 

QDR wont be in a hurry to do anything other than send you another scary letter as they have no client who has any cause to do more than that and they dont want to get into trouble with people who know the difference.

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  • 2 weeks later...

Removed name and reduced document size.

 

 

QDR obviously don't have a clue. They haven't even used any red ink. Amateurs! :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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From the above letter, I did not realize that if a CCJ is obtained, that the subject would no longer be able to LEND monies!!!

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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you could try writing something like this

 

Dear QDR,

I am in receipt of your threatogram relating to a "debt" of £182.

 

Please note that this amount began as a highly debatable speculative invoice which has been tampered with by an unregulated debt collector to reach a grossly inflated figure which would be laughed out of Court.

 

As you should be aware, this spurious claim by One Parking Solutions has so many things wrong with it that I am surprised that any reputable solicitor would touch it with a bargepole.

 

If in doubt I suggest you take legal opinion before taking any further action and might I suggest you bring yourselves up to speed with POFA to give you just one clue as to where this PCN has no hope of success.

 

I am aware that the SRA handbook demands that solicitors act with integrity ,

do not get involved with parties committing perjury

nor misleading or attempting to mislead the Court and suing people where the Courts have already thrown similar and identical cases out of Court.

 

I have retained your original letter and any further letters from you will be filed with a view to a complaint to the SRA should you think fit to take this mischievous case to Court.

 

It has no chance of a successful outcome for your client and doubts would surely be cast upon your integrity should you advise your client to continue.

Edited by dx100uk
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