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    • 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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    • deed?  you mean consent order you and her signed? concluding the case as long as you nor she break it's conditions signed upto? dx  
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Primark & RLP genuine mistake.


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Hi All

 

I have been accused of shoplifting even tho I made a genuine mistake.

 

I was playing around in primark in may and totally didn't acknowledge putting a pair of eyelashes into a bag I had when I was trying on a dress in front of the mirrors (on the shop floor not changing rooms)

 

I proceed to pay for around £40 worth of clothing and left the shop.

upon leaving a security guard came up behind me a demanded me to follow him with no explanation.

 

When we was walking to the investigation room I couldn't gather what I had done wrong,

until we got back to the room and I looked in my Zara bag to see the eyelashes ( still boxed not tampered )

 

I apologised to the guard and explained what must have happened,

he did not even acknowledge that I was speaking to him and demanded my driving license and to complete a form.

 

I was left sitting in the room for around 15 mins until the guard returned with my license and handed me a bit of paper and said I will receive a fine in the post ….

 

I asked how much and why when it was a mistake and he said I don't know and don't care.

2 months went by and I heard nothing until

 

the other day I received a letter from RLP saying I owe them £95 for losses.

 

Can anyone please give me some advice?

Thank you!

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Ignore them entirely!

 

 

If you're the type to be taken in by these sorts of letters, then I'd advise NOT opening them and throwing them straight in the bin.

 

 

There is ZERO they can do, they will NOT take you to court, they will NOT take your first born, they will NOT sell your granny and they most certainly will NOT con you into paying them a single penny!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hi and welcome to CAG. I have moved your posts to a tread of its own so that people can assist better. Carry on posting as normal.

 

 

Primark and RLP never consider a genuine mistake as if they did, they would be out of pocket. Simple as that. If the police got involved, they would see that you had spent money there so why steal and would likely come to the conclusion that no offence happened.

 

Theft must include intent to make it a crime. From what you say, I don't see that so the advice to ignore is correct. RLP will send a few letters then a few more from their pet debt collection agency (if they can find one) and then it all goes quiet.

 

You will get threats of court action but this will not happen. In the past, shoplifters who were caught were just ejected from the shops and told not to come back. Then came civil recovery who promised the stores that they would get some pocket money from the thief. For those that are prolific offenders, this means nothing as they will continue doing it anyway.

 

 

For first time offenders or those that make errors, the shock of being caught is enough to stop them. Chasing them for a fixed sum is just adding insult to injury as there is still no basis in civil law for this to happen.

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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it is not a FINE and I hope he DIDNT use that word ever.

 

totally ignore them

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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If the police got involved, they would see that you had spent money there so why steal and would likely come to the conclusion that no offence happened.

 

 

The police must have experienced lots of occasions where a shoplifter steals some goods but pays for others. If that was the consensus for police enquiries, shoplifters would buy some items but steal the rest.

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The police must have experienced lots of occasions where a shoplifter steals some goods but pays for others. If that was the consensus for police enquiries, shoplifters would buy some items but steal the rest.

 

 

I'm sure they have, however they have the use of discretion whereas most sy staff wouldn't know how to spell it least of all use it.

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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