Oddfellow
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Everything posted by Oddfellow
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Then they were just lazy (there's a surprise!) in not issuing your wife with a Notice to Driver (i.e. a ticket), along with a photo or two, followed (a month or two later) by an NTK.
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Make sure that their website doesn't trick you into identifying who the driver was. Also, are they required by law to SEND photographic evidence of the alleged breach of contract, not simply give you the opportunity to view them somewhere? What equipment was used to take the photos (e.g. ANPR or handheld camera)? It may not be of an approved type, as is required by law.
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Advice needed, car hit by a vehicle being pursued by the police
Oddfellow replied to Bav3333's topic in Motor Insurance
Sadly, even if you do make a "no fault" claim on your insurance, and they accept it wasn't your fault, it is still an accident, and it will still put your premiums up! I don't get the reasoning, but it makes you more at risk of needing to claim in future. Insurance companies have a licence to print money. -
That is very unfortunate, but one of those things. Good luck
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If the Club, as former keeper of the vehicle, has folded, it presumably has no assets to finance the removal of the clamp from its vehicle. Sounds like it's down to you, unfortunately! How it came to be clamped in the first place (presumably due to the precarious nature of the club's funds) is largely immaterial to the situation you now find yourself in.
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Callum, I think people are confused as to why you were previously paying car tax for a vehicle that was owned by the club, and at what stage ownership was transferred to you. CAG is a bit like Dragon's Den in that people get p'd off if you don't give them the whole story from the beginning!
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EXCEL PCN 2015 Peel Centre now BW claimform
Oddfellow replied to hollieollo's topic in Private Land Parking Enforcement
Incidentally, Chris, there is a difference between the claim being "stayed", as HMCTS have told you to do, and being "struck out", as EB has suggested. The latter is chancing your arm a little, and the court would need to take a view of whether you have "a reasonable prospect of success" if the case was to be heard. I would guess that, whereas an application for the case to be stayed on the grounds of timing-out should be granted automatically, a request to be struck out might need to include a repetition of the main points of your defence (including any failure to provide a response to a CPR request) in order to convince the court of your "reasonable prospect of success". Fingers crossed! -
Does that not identify you Graye as the driver, negating the protection from cock-ups by PE under PoFA?
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Loading Bay PCN
Oddfellow replied to Malikqwert's topic in Local Authority Parking and Traffic Offences
Well done on persisting with this, but nice to see a bit of leniency on the council's part. Incidentally (this being my first reading of this thread), I would have said that you weren't technically "Stopped where prohibited on a red route clearway". You could have been done for being parked contrary to the restrictions of a loading bay. -
Yes, I know. That is precisely why I was trying to make the point that while it doesn't apply in this case, the OP may in future want advice on a matter in one of the other forums (e.g. parking on private land), so displaying what I assume is his actual name is not good practice.
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Obviously, PoFA doesn't apply in this case, but the OP may have need to rely on the fact that he can only be identified as the keeper. This is clearly undermined by using his full name (one assumes) as his username on a forum that could be read by anyone. Maybe the OP should consider amending.
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On the issue of signage, it is often stated here that there needs to be a sign at the entrance to the private land indicating it is such, but often these signs say something along the lines of "Private Land - terms and conditions apply, see other signs for details" (my employer's signs certainly do). From my reading of various threads, it would appear that these signs are an Invitation to Treat, not an offer of contract. My question is, assuming that the other signs are compliant, do the first signs being Invitations to Treat (if that is what they are) mean that a contract can never be formed to be broken? Just trying to expand my knowledge of this murky area! Feel free to PM me if you'd like to keep it out of a strict advice thread.
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You gotta be kidding me, right? It's like comparing salt-water and fresh-water crocs!!!
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Not if it is not relevant land (i.e. covered by separate byelaws) as described by EB in post #7. Moreover, (as I understand it from reading this forum regularly) the instruction that stopping is prohibited does not constitute establishment of a contract, so they can't pursue you for breaching a contract.
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The requirement under PoFA when they are using ANPR data (rather than ticketing the windscreen) is that they SEND the NTK to you within 14 days from the day after the alleged contravention. They may well have applied to DVLA for the keeper information within the required timeframe. I'm not trying to defend PWE, simply stating what their duties are under PoFA
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NIP letter missed /not received - Help?
Oddfellow replied to fran1phil's topic in Speeding and Motoring Offences
Just a side issue, but I would advise against signing your posts off with your full name (and would suggest you go back and edit to remove this info). Maybe not relevant to your current issue, but if it was in relation to a parking infringement on private land, you need to disconnect the driver from the registered keeper, and a private parking company may be able to identify you by reading the forum as a guest. -
Attending a training day at her usual place of work does not constitute business use. If she drove to a training course elsewhere, it possibly will, depending on context.
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I would have thought it is counter-productive to get hung up on the timing of the NTK: they don't need to use PoFA to identify the keeper, as they know who the driver was. The burden of proof is on THEM to prove you didn't pay. As has been said already, the ANPR and pay machine data will prove you did. If you are complaining to charities, you need to be directing your correspondence to each member of the Board of Trustees for that charity (contact addresses are usually available somewhere). And maybe the Charities Commissioner too.
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1, 2 & 3: The District Judge sitting at a County Court may take a different view, and it's their opinion that counts! All is not lost.
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VCS Windscreen PCN Scotland - now BW Letter
Oddfellow replied to AmyCL's topic in Private Land Parking Enforcement
Others more talented than I will be along directly, but have you received a "Notice to Keeper" at any stage? If you have, you will have them by the proverbials, as they are NOT permitted to ask DVLA for information about the Registered Keeper for offences in Scotland. The Protection of Freedoms Act 2012 does not apply outside England and Wales. DVLA are also breaking the law by providing it to them. Please hold the line, caller!!! -
Euro car parks and Blue Badge
Oddfellow replied to obiter dictum's topic in Private Land Parking Enforcement
Meanwhile, as it looks like no-one has mentioned it thus far, DO NOT be tempted to contact them, either to appeal the charge or whatever other reason, as this may inadvertently provide them with information as to who the driver was, and will negate any defence you may have under PoFA. -
What DX means is that proof of posting (via a free receipt from the Post Office) is regarded as proof of delivery. Sending an email is not necessarily treated the same way.
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As well as the excellent advice you'll get from CAGgers for how to approach things by correspondence, face-to-face intervention can sometimes be helpful. You could consider visiting your local Citizens Advice, who might be able to mediate in a debt management process, which will work out what your son can afford. But as previous posts have said, if it has been to court, they will consider affordability very seriously. It sounds like someone is trying to scare you into coughing up. Good luck.
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Interesting wording "Contractual Breach Charge". Seems to be trying to make it clear they know what they are claiming for, rather than a parking charge or (heaven forbid) a penalty charge. Is this commonplace?
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Sounds like you need to make a request to Brent Council for them to provide you with a copy of the TRO which applies to the instigation of this bus lane, to establish whether this clause is included. Don't pay up, whatever you do!
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