Jump to content

_Ray_

Registered Users

Change your profile picture
  • Content Count

    79
  • Joined

  • Last visited

Everything posted by _Ray_

  1. I think you misunderstand me... What I said wasn't meant to infer I was considering using "the duff ticket machine" argument, I was just replying to your point in a previous post about having evidence that the Keeper was somewhere else at the time of the event. My intention is/was to send out the letter I outlined on August 10th denying liability - that letter has now been sent. I appreciate any and all the advice I've received so far and don't see any reason someone would ask for advice on here then not follow it - that would be crazy. Thanks again
  2. No we don't have that evidence because the registered keeper was the driver at the time. They paid the parking fee at the time, then something went wrong (i.e. wrong reg number or computer error) to make this charge appear. I'm going to send the letter now and hopefully they will realise they can't enforce this and they'll go away. I'll update the thread if/when I hear back from them...
  3. Thanks dx & ericsbrother... I haven't sent them anything as yet in reply to their 3 letters. Can I just clarify at which stage I should be sending them something, as it doesn't look like they're going to just give up at any stage? What will the letter say/threaten that I should reply to - any ideas? Thanks again
  4. 2nd update as promised... I've received a 3rd letter from PE but I'm not sure if this one counts as the 'threatening' letter or not. The only reason for my uncertainty is they mention the possibility of sending a solicitors letter after 14 days so maybe I shouldn't send my letter until I receive the next letter from them. Any thoughts? Thanks PE Final Notice .pdf
  5. OK that makes sense, I'll leave it until they start to threaten action before we send them anything - may as well let them rack up their costs as much as possible....
  6. Update as promised... PE have now sent a second, identical, copy of their invoice - so I'm guessing I need to send them a reply now that they are obviously not going to let this go. Am I right in thinking I need to deal with this before they involve a collection agency? I've never written one of these letters before so, using ericsbrother's advice, how does this look? Dear PE, Ref Number: xxxxxxxx Please cancel the above parking charge on the basis of the following: 1. Your Notice To Keeper was issued too late to create a keeper liability. Alleged 'event' occurred on 01/07/17 - 'parking charge' issued 21/07/17 (outside the 14 day limit). 2. It does not state what the event that caused the money to be claimed is. 3. It does not say whether it is a contractual demand or a demand for monies due as a result of a breach of contract. 4. It does not say who the creditor is. As all of these are required to be included in a notice under the Protection of Freedoms Act, Parking Eye should now cease corresponding with the me or risk action for breach of the Data Protection Act for not adhering to the terms of their Keeper of a Vehicle at the Date of an Event contract. Regards As I said I've never written one of these before so if there's anything I need to add/remove before I send it, please feel free to chime in. Thanks again for all the advice.
  7. Thanks for your help ericsbrother - that's great information to know. I'll update the thread if they hear anything else from PE and also if it goes any further. I'm guessing if they do send a reminder it'll be around the end of August...
  8. Not ignoring it was my understanding from the other posts I'd been reading...
  9. Thanks for the response... I'm happy to take your advice and tell them to ignore the notice, but you also said 'unless they issue a claimform' - if that happens, won't it make things more difficult in that they won't have responded to the initial notice or used the POPLA process? I'm sure I've seen it said in other posts that a court would take a dim view of this. Forgive me if I'm overthinking this, it's not a subject I know much about (aside from what I've read here), and I'd hate it if they ended up owning these bandits money. Thanks again Sorry, forgot to address your point about the wrong reg number... That might have been the case, could they use that as a grounds for an appeal if it gets that far?
  10. Hi, First the details of the alleged 'offence'... 1 Date of the infringement - 01/07/2017 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 21/07/2017 (20 days after the 'event') 3 Date received - 23/07/2017 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] - Yes 5 Is there any photographic evidence of the event? - Yes, images of the vehicle entering and leaving the car park 6 Have you appealed? {y/n?] post up you appeal] Have you had a response? [Y/N?] post it up - No, thought I'd ask for advice here before doing anything. 7 Who is the parking company? - Parking Eye 8. Where exactly [carpark name and town] - Premier Inn, Deansgate Locks, Manchester For either option, does it say which appeals body they operate under. - The notice only mentions POPLA in respect to appeals but it says they are a member of BPA. My son and daughter-in-law used this car park and my son paid for a ticket for considerably longer than the time they actually parked for. He can't remember the exact period he paid for (and they've lost the ticket), but as they were going to an event they didn't expect to finish until after 10pm, he knows it was for considerably longer than the time they spent there. Having said that, the Parking Charge Notice/Invoice makes no mention of why the charge has been issued, we're just assuming it's for staying too long. Is it normal that the 'offence' isn't mentioned on these charge notices? If it is, how is someone meant to appeal or defend themselves against an unspecified transgression? I've read in other CAG posts that these notices must be received within 14 days of the alleged 'offence' (it's termed an 'event' on Parking Eye's invoice) - does that apply in this case as well because it turned up 22 days later and was issued 20 days after the event? I've attached a copy of the PCN as a file - can't seem to figure out how to add it as an image like others on here are doing, hope that's not a problem. Can anyone suggest the best course of action to take? Many thanks Parking-Lie.pdf
  11. Thank you for this, it's exactly the kind of news I was hoping to hear I've found a free Statutory Declaration form online that I'm hoping will do the trick, maybe someone would be kind enough to take a look at it and let me know if it would do? Do I do this now, before they take any further action, or wait until after they seize any goods and then get the declaration notified? If it's afterwards, do I just send it to Marston's or would I still need to send it to the court? I've just read somewhere that it wouldn't stop any further action unless I get it accepted by the court beforehand, but as this isn't my case, I was wondering if that would even be possible? I've just realised I don't know which court is dealing with the case - if I'm going to submit this statement I assume it's the original court who handed out the original fines (I can find out from my son though). Would it be a good idea to call the guy from Marston's and ask him which court it is and tell him why? That way it would alert him to what I'm doing and maybe it would put him off even bothering with the forced entry - just a thought, I won't do this until someone who knows tells me it's either a good or bad idea... Anyway, you've really put my mind at ease so thank you again.
  12. Thanks for your reply Bazooka Boo... I did keep him outside today despite his original assertion that he had the right to force entry and would use a locksmith to facilitate entry. I appreciate what you're saying about it being my property, but one of my questions was how do I prove something is mine if the enforcement officer says he suspects I don't own it? I don't have receipts for stuff I bought several years ago, hell I don't have receipts for stuff I bought several months ago - do most people? I'd suspect not! With regards to my son providing the court with an income/expenditure form, he did this when he first went to court but they still insisted he pay the minimum amount they were allowed to set it at - despite him having no income. I'm not trying to make excuses for him, I firmly believe he should pay what he owes, but the situation seems to have gone passed that now and the guy today made veiled threats about how difficult it would be for the rest of us when we had to prove that goods in the house don't belong to my son. That's why I'm trying to clarify the following points I asked in my original post: 1. He 'warned' me to get together receipts for any item that he might suspect belong to my son or he will take them away. Like most people I don't have receipts for everything so how do I prove any goods are mine? 2. I have the log books for any vehicles but I don't believe they accept them as proof of ownership - is a receipt from a garage acceptable? 3. Also, my son's girlfriend parks her car in our driveway sometimes, can they seize her car until we prove it is hers? 4. One final thing - we have a motorbike that my son uses sometimes. It belongs to me but the V5 document is in his name because we were told it needed to in his name for him to insure it. I have an invoice for the bike from Honda (in my name), would this bike be in any danger of seizure? Thanks again for your input...
  13. Many thanks for your reply, I'll answer the questions as best I can.... How old is your son? - He's 25 You say that he has no income. I assume that he is claiming benefits or some sort. Is this correct? - No he is not on benefits - he has just started his own business but isn't making enough money to take a wage yet. Did he receive the summons for these court fines? Did he respond to the summons? - Not sure if I understand what summons you mean (apologies I'm not up with all the ins and outs of the court system). He did attending court for both these motoring offences and explained his situation to the magistrate but they told him they had to set a minimum weekly or monthly payment arrangement even though he has no income. Has he made any payments to the court? - Not sure, but I don't think so Before getting to the late stage of a personal visit, your son should have received a Notice of Enforcement from Marston's. Did he contact the company on receipt of this notice to make a payment proposal? - Don't know if he received the Notice of Enforcement, but I do know he didn't offer any payment proposal to Marston's. Personally I believe if you do the crime you do the time so I don't condone non-payments like this. However, I've been put in the situation where Marston's are threatening my possessions which is why I asked my questions above. It might sound a bit harsh, but right now I'm trying to find out more about how this effects me. I know that might sound a little selfish (it isn't meant to be), but he is old enough and ugly enough to deal with the fallout from the mess he has created. My priority is to find out more about the potential problems (and any ways to mitigate them) this could cause the rest of my family through no fault of our own....
  14. I had a visit today from an Enforcement Officer from Marston's about my son's unpaid court fines/debt (£820 inc costs for 2 motoring offences). I told him my son has no income or any assets - but I know he's not going to take my word for that - and at first he said it would be easier just to let him into the house as he only needed to look in my son's bedroom to confirm that, otherwise he would have to come back with a locksmith and force entry. For the record, I didn't believe he would be satisfied with ONLY going into that 1 bedroom. He showed me a court document (well it looked more like a hand-filled form) that he claimed gave him his authority - I didn't take note of what the form was, ooops! I told him I was going to video him on my phone and then asked him if the document he had gave him the legal right to enter as he had previously inferred. At that stage he changed his tune and and apologised if that's how I'd understood things, he then told me he'd have to go back to court to get that authority - amazing what being recorded does to their attitude as well! Anyway, later in the day I got my son to call him (on speakerphone) and after he told him the same thing regarding lack of assets and income, my son said to him "what do you want to do then" unfortunately he heard this as "do what you want then" which must have upset him a bit because he became extremely aggressive and very loud on the phone, saying he was going to "come into your house when you're not there and take your stuff". The problem is my son genuinely doesn't have anything for him to take except for clothing. We do though, we have a whole houseful of stuff that he could 'claim' and a number of vehicles as well. Because it's an unpaid court fine I understand that he can get authorisation to force an entry (if a judge agrees with him), and because he got so upset with what he thought my so had said to him, I get the feeling he will try his hardest to make it happen. I also get the feeling he will try to make things as difficult as he can for me - I say me because it is me that will have to deal with him as my son is rarely here (also I wouldn't want my son here because he doesn't stay as calm as I do in heated situations - and I don't want him getting in anymore trouble). This guy was seriously annoyed! So I need some guidance if possible.... If he does get access to our home, can he 'target' the whole house to look for things to seize or does he have to stay within my son's bedroom? I suspect the former.. He 'warned' me to get together receipts for any item that he might suspect belong to my son or he will take them away. Like most people I don't have receipts for everything so how do I prove any goods are mine? I have the log books for any vehicles but I don't believe they accept them as proof of ownership - is a receipt from a garage acceptable? Also, my son's girlfriend parks her car in our driveway sometimes, can they seize her car until we prove it is hers? One final thing - we have a motorbike that my son uses sometimes. It belongs to me but the V5 document is in his name because we were told it needed to be for him to insure it. I have an invoice for the bike from Honda (in my name), would this bike be in any danger of seizure? Thank you in advance for any help/guidance you can provide.
  15. I will and thanks again for all the help so far...
  16. Looks like there's a second sign at the opposite end of the street from where I was parked. Don't know whether that's good or bad for me....
  17. Great idea I never thought of that It's Higher Ormond Street, Manchester - I was parked exactly where the red car is, the one in front of the illegally parked blue Corsa!
  18. Yeah I'm not denying I know the restrictions in these bays, but I was under the impression that if the signage doesn't meet the regulations then the parking restrictions are suspended until they do. Am I wrong on that one, assuming there isn't any other signs that is (I don't know if they is yet)?
  19. Not sure if there's another sign or not, I didn't check. I've left uni now until September but I'll get someone to check for me and take some photo's...
  20. I hope you are right about this, although I'd also like to get them to realise their CEO's note taking needs some improvement as well...
  21. Thanks for all your help it is really useful to hear from the 'experts' There a 5 images of the alleged offense, but only 1 image of any signage (the one I posted a link to in the 3rd post) - are you suggesting they might have more? as I said the sign is of less importance to me than the fact that they are wrong in my case - my only interest in the sign is as a back-up in case they stand their ground and won't entertain the fact that the car had been moved. I'm not sure whether it is up to me to prove my innocence or them to prove my guilt - but if it's the former, it might prove pretty difficult to do. I'm going to email them and ask them for more evidence about where the first observation was made, and request any further images they may have. Thanks for all the help so far, I really appreciate it. I will update when I hear back from them...
  22. Well first can I say that this is not my first line of defense, I was asking in case I needed a back-up to my primary defense.... The offense was 'Parked for longer than permitted' but that isn't true! I had moved the car, to the bay where the PCN was issued, from the adjoining street (the 2 bays are less than 50 meters apart) so it appears to me that the enforcement officer has got his/her facts wrong or has deliberately falsified the evidence (does that kind of thing happen?) but how do I prove either? I can see how it might sound as though I am just trying to wriggle out of this penalty, but I do this every day I am at university, well within the 2 hour time limit, and have never had any problems before. I have appealed the ticket by email, but the city council rejected it saying their officer had noted "on their first observation the civil enforcement officer noted the positions of the valves on your vehicle's tyres in their pocket book at 10 and 4. This is standard procedure. On their return, the valves were in the same positions. This is the reason why the civil enforcement officer believed your vehicle had not left the free bay and returned to the same parking place later". In my appeal I never said I'd returned to the same bay, I gave them precise details of where I had been parked and the times I'd been parked in each. Any suggestions what my next step should be? In the Council's letter there is no mention of further appeals, just 3 options that all involving paying the fine - something I don't want to do given that I didn't overstay. Thanks...
  23. Thanks for that, here's the image of the sign
  24. Can anyone tell me if a sticker obscuring part of a parking sign would invalidate the parking restrictions? The image of the sign is part of Manchester City Councils photographic evidence to support a PCN against me, and part of it is clearly covered by a sticker. I would post the image here but I don't have sufficient posts to do that, but there is a sticker over the time period when a driver can return - the bit that says "No Return Within 2 Hours" - although someone has covered over the "2 Hours" with a sticker. Thanks for any help...
×
×
  • Create New...