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Raykay

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Raykay last won the day on April 29 2015

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  1. If it is a car park, a SORN declaration would be valid - a car park is not a road (Clarke v Kato 1988).
  2. It is the address on the V5C that needs to be checked, there is no connection between the address on a driving licence and the address on a V5C - which is the address the parking companies get from the DVLA.
  3. The 14 day limit does not apply to offences involving an accident.
  4. You may need to check the terms of the insurance credit agreement, some companies require the full annual payment to be made in the case of a write off. That could be what Helix are dealing with.
  5. If the vehicle complies with s.1, Public Passenger Vehicles Act 1981, (more than 8 passenger seats, fare paying passengers etc.), it may be considered to be a Public Service Vehicle.
  6. Check if there is there also a sign showing the times of operation. If there is, and you were parked during those times, it could weaken your case.
  7. The legislation that enables private parking companies to claim for the recovery of unpaid parking charges is Sch. 4, Protection of Freedoms Act 2012. But it is very very rare for them to correctly comply with the conditions of the act - which is the grey area.
  8. Reading that article, it states that part of the road is adopted and it is requiring, unless agreed otherwise, that a Traffic Regulation Order be obtained for double yellow lines etc. It may also explain the boundary marking of the road in your earlier plans, from the main road just up to the island and the two short 'spurs' - it certainly looks adopted in your earlier pictures.
  9. That is one reason why you need to establish who owns the road. In that plan there appear to be three separate sites - the building including Tesco, the road and site behind Tesco and the old hospital site. They could each have a different owner.
  10. Have you established the landowner of the road, Tesco's landlord? or the developer? - (Land Registry check?) - only the landowner can have a contract with the private parking company.
  11. A private parking company controls parking in car parks etc. where parking is permitted and a list of conditions that drivers are required to comply with when parking is displayed, and claim that any driver who has not complied with those conditions is in breach of contract - and that is what they claim. As you have found out, they make up all sorts of other irrelevant and useless other reasons to try to justify their claims, irrespective of codes of conduct, appeal services etc. A totally difference process to a landowner claiming for trespass where parking is prohibited.
  12. Only if the developer is the actual owner of the road, they can take action for trespass. The private parking company cannot take any action because there is no permitted car parking for them control.
  13. It is not the status of the road that you need to establish, it is the actual owner. On the plan in your last post, the boundary of the road appears to be separate from the old hospital site, so the owner of the development site may or not be the owner of the road, you need to establish who actually owns it. As in earlier posts, the sign is a prohibition, and only the landowner themselves can take action for trespass (not a private parking company). It is a completely different situation to a private parking company controlling a car park etc, where they claim for breach of contract for failing to comply with their conditions.
  14. That plan shows the adopted highway, which shows that where you parked is not adopted, you need to establish who is the owner of that the part of the road, and have they a contract with the parking company. Don't accept anything from the IPC, the IAS, Gladstone solicitors, the parking company etc. unless it is confirmed in writing.
  15. They may have a contract, but does that contract include the part of the road that you were parked on, or has that part of the road just been un-adopted as a highway by the council, but still owned by them?
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