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Raykay

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Everything posted by Raykay

  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?
  16. Un-adopted as a highway, but it is who owns the land it that is relevant, does the landowner (still the council?) have a contract with the parking company to control parking. the IPC, the IAS and Gladstone Solicitors are all the same people, so don't expect any result except 'appeal denied, pay up'.
  17. As in post 61, the road may now be un-adopted as a highway, but is that part still council property, if so, have they authorised the control of parking on their land.
  18. Did the council confirm that they had un-adopted all of Market Street, or just the part near the old hospital?
  19. There will only be signs within a controlled parking zone if the restriction at that location (bays etc.) is different to the zone restriction.
  20. That is why I said 'would be'. The OP hasn't got one, but others might have, and an EU licence is currently valid in the UK, it is not limited to just a year.
  21. A Latvian licence would be valid in the UK - perhaps not after next March, when the UK leaves the EU.
  22. It may have depended on when you sent the documents and how long after the DVLA closed the transfer period that they accepted late applications. For late applications they required the original local authority vehicle log book with a letter from an accepted car club that the details of the vehicle shown on the log book matched those of the actual vehicle.
  23. The DVLA registrations started with the 'M' suffix - August 1973 and transfer from local authority records DVLA records ran for a period after that. I wondered how far back the OP meant as 4BYO and 33ALC do not appear on the DVLA vehicle record system so they could have been lost by not being transferred from the local authority system to the DVLA.
  24. When the DVLA took over vehicle registration matters from local authorities there was a fixed period for the transfer to the DVLA, either automatically as a vehicle was re-licensed, or application of transfer by the keeper. The DVLA stated that at the end of the period, any vehicle details that had not been transferred to the DVLA system would no longer be recognised. There were pleas from some of the motor clubs and the DVLA agreed that they may consider later applications for vehicles verified by the clubs.
  25. It is the photo that expires in 10 years - the date in 4b on the front of the licence (and is carried forward on any replacement licence within the 10 years), failure to update it is the same offence as failing to update name and address. It does not affect the validity of the licence - which is the date under column 11 on the back of the licence. a
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