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Beesnees

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Everything posted by Beesnees

  1. Thanks spaceman. I might just do that after I've drafted my defence - just to make sure I've covered all the bases. Would my defence be of any interest/use to you guys, or the members? I'd be happy to copy it here too if so.
  2. BTW, I should also point out that I came across a seriously dodgy site in my travels. DoNotPay.co.uk should be avoided like the plague: https://uk.trustpilot.com/review/donotpay.com And I strongly suspect that all (or most of) those 5* reviews are fake. You have been warned!
  3. The only thing Iv'e found to date revolves around 'mitigating circumstances', which is not entirely satisfactory. The relevant para. says: Seems to suggest it could go either way, so I was hoping to find something a bit more substantial than that. For example, could the de minimis defence apply in my specific circs? And how realistic is it to expect the driver to remember to check on every occasion that the permit is in place? Again, as I pointed out in my initial (informal) appeal - if the permit fell after or soon after the door was shut [which is equally entirely possible], on what reasonable grounds can that give rise to a punitive fine? Most reasonable ppl would agree that no offence or contravention was knowingly committed. But if there are no specific/formal grounds on which I can appeal, then I will just re-submit my original appeal & hope for the best.
  4. As my appeal period is rapidly diminishing, any danger of a response to my query above anytime soon please?
  5. Any advice on possible grounds for appeal would be much appreciated. Many thanks. NTO_Merged_File.pdf
  6. Not yet. Expecting it to arrive any day now. I will then be making a formal appeal, which seems a complete waste of time, since it's adjudicated again by the council. My appeal will almost certainly be rejected again, but I guess I hafta go thru the motions anyway. I have now foregone my right to a discounted fine, which I think now stands at £110. I intend following up a rejection with an appeal to the independent adjudicator. Will anybody here be able to assist me with grounds for an appeal that stands a chance of success?
  7. @rocky_sharma Fame at last!! Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route. Good luck with yours anyway mate.
  8. Was quite surprised to get this after almost 3 months since my appeal. 1. Is there any chance they are out of time as regards any possible deadlines for rejecting an appeal? 2. Is it worth risking a doubling of the fine to go thru the appeals process? Thanks. Greenwich PCN_Appeal Rejection Letter.pdf
  9. Thanks ericsbrother. Appreciated. I'll give it a go on her behalf.
  10. Correction to the OP. My daughter now informs me that it actually fell on the car floor, so may well have been completely out of view. I doubt that would have made any difference to the issue of the PCN's though. And the combined penalty is £110, not £130.
  11. Except, of course, that it isn't 'free'. My daughter is a named driver on our policy and has occasional use of our 2nd car. The plan is that we transfer ownership over to her sometime next year, but in the meantime I'm the registered keeper. Unfortunately, after parking it on her way to work the other day, she failed to notice that our fairly expensive parking permit had fallen off the windscreen face down onto the dash - we think possibly due to condensation. Cue the first PCN from Greenwich Council. To compound the misfortune, she walked home that night, and managed to collect another PCN on the following day. Does she cough up the fine x2 (£130), or have a fighting chance of a successful appeal? Any advice on her next step would be much appreciated
  12. Noted, and thanks. We can manage quite well without this account, and closing it would appear to save a lot of potential hassle.
  13. Thx for the advice dx. I'm still inclined to close the a/c & be done with it, unless you think that might be a serious mistake. Not possible. The trxn date precedes our departure, and only Booking.com and the B&B had our card details at that time. A more likely explanation is that Booking.com were hacked, but kept quiet about it, or else someone at the B&B (possibly an employee?) used our card details to settle a debt with BWH. Locanda di Mosconi is a family-run business that relies on word of mouth recommendation and jealously guards its reputation for honest, good-value service. The proprietors were mortified when Booking.com were quizzing them about this charge. They denied any knowledge, and seemed genuinely concerned that our stay was spoiled by this 'experience'. I seriously doubt they would jeopardise their standing for such a paltry gain. I can't speak for their employees, but I doubt the B&B had anything to do with this. My money is on Booking.com being the source of this charge, but of course they also deny any knowledge. Needless to say, we won't be using them again.
  14. Long story short. Returned from holiday in Florence in early July booked thru Booking .com to find an unauthorized debit (around £170) on our HSBC statement in favour of Best Western Hotel. Transaction date was prior to our departure from the UK, and we stayed at a B&B, not a hotel. CrCards cancelled & replaced to forestall further unauthorized debits. Immediately queried debit with bank, who magnanimously credited the charge, and will send us a form to complete. Never arrived. Two further enquiries at our local branch, and we were told we'd get it eventually. Nope, never did. Complained to both BWH and Booking.com - twice. No response from BWH, and Booking.com were next to useless. All they did was query the charge with our B&B (Locanda di Mosconi), who had absolutely nothing to do with the unauthorized debit. Now received a letter from HSBC saying that their investigations turned up zip, and the debit will now be re-imposed, along with charges, interest, etc. 'Phoned to complain, and advised to ignore letter, as it was sent prior to completion of their enquiries! Also assured that form will be sent this time. Hmm....... Sorry, but I just don't believe them. Sod's law stipulates that our a/c will be debited in around 2 weeks regardless of what we have been told, then a right royal battle to get it back again. Now seriously considering closing the a/c to forestall re-imposition of the fraudulent charge, which I thought was their baby. If we do that, can they still legitimately pursue us for the fraud? Any advice appreciated, & apologies for the length of the short version.
  15. Thanks, but I think all the credit has to go to you guys. I just did as I was told........eventually. I really don't mind a slam dunk victory. If they can't be asked, that's their problem. Then again, why incur the associated costs (DVLA + POPLA = £30-odd?), only to fall at the first hurdle? It doesn't make much sense. All academic now anyway, but it had me wondering for a while - what exactly was the point of that little exercise? The only answer I can come up with is that they were not expecting me to submit a POPLA appeal. Therefore a win for them by default - roughly what you suggested. But when they saw my appeal, decided on the spot to cut their losses and do a runner. Busted flush.
  16. Not that it matters now, but the judgment seems to say that they didn't even bother to put up a fight. Was my appeal so strong that they threw in the towel at the first opportunity? Hey guys, take a bit more care when you hand out that dynamite next time, if you don't mind. It could have blown my hand off.
  17. Received today: It may have been a tortuous journey, and I severely tested the patience of some advisers here, but at least it paid off in the end. Thanks fellas. Couldn't have done it without you.
  18. Oops .......again. Afraid the sarcasm went over my head. I wondered what that graphic meant. Now I get it. Well, it's done now, and if I got it wrong again dad (Gaylord style), it's far too late to do anything about it. Still got the 'orrible feeling that I've not provided enough info., eg where the NTK fails compliance with PoFA 2012. What are the chances they'll 'phone me to ask for chapter & verse? Assurances that this is a trivial win ..........well, we'll see. Starting to have doubts, but still not phased.
  19. Does this cover it then: Sirs, Re POPLA APPEAL CODE XXXXXXXXX etc. The claim made by ecp against me as the registered keeper is appealed on the following grounds: 1. As the appellant, I do not believe that ecp has the authority assigned by the landowner to create contracts and to make claims and take legal action in their own name and I put it to strict proof of that authority. 2. According to the on-site signage (image attached), the intent on the part of ecp to form a contractual relationship with users of this car park is explicitly restricted to customers. This immediately creates a legal onus on ecp to prove that the driver was a shopper, otherwise the signage cannot be applicable since the driver would be a trespasser. A witness statement is not acceptable without supporting photographic or video evidence. The PoFA 2012 applies to contractual matters only, not trespass, and my personal details were therefore illegally obtained from the DVLA. 3. Liability is also denied on the grounds that the Notice To Keeper dated XX XX XXXX does not comply with schedule 4 of the POFA 2012. Specifically: a) It fails to explicitly identify the creditor by name. b) The time and name & address of the site of the alleged infraction is either too vague or insufficient to be actionable, and finally c) Fails to establish the claimant's right to enter into contracts on behalf of the landholder, who has also not been identified. 4. As the registered keeper, I deny any keeper liability for the reasons given above. I was not the driver at the time of the alleged infraction, and ecp have failed to establish locus standi in pursuing me for this debt.
  20. A bit harsh ericsbro, but thx for the advice all the same. If I was minded to refuse/reject/challenge the advice you guys give, I wouldn't be here wasting your time. I simply wanted to understand - that's all. If I come across as argumentative, apologies. Not my intention. So if I understand correctly now, you are suggesting that I should lie (even if by omission) about the driver being a customer, right? That is admittedly strange wording on the sign, coz this car park is free for two hrs to all comers, both customers and non-customers. OK, does this mean then that locus standi need not be used at all? Is this ok? Sirs, Re POPLA APPEAL CODE XXXXXXXXX etc. The claim made by ecp against me as the registered keeper is appealed on the following grounds: 1. As the appellant, I do not believe that ecp has the authority assigned by the landowner to create contracts and to make claims and take legal action in their own name and I put it to strict proof of that authority. 2. According to the on-site signage (image attached), the intent on the part of ecp to form a contractual relationship with users of this car park is explicitly restricted to customers. This immediately creates a legal onus on ecp to prove that the driver was a shopper, otherwise the signage cannot be applicable since the driver would be a trespasser. The PoFA applies to contractual matters only, not trespass, and my personal details were therefore illegally obtained from the DVLA. 3. As the registered keeper, I deny any keeper liability for the reasons given above. I was not the driver at the time of the alleged infraction.
  21. I know this must be infuriating to you, and I musta understood at one point, coz I said I think I got it. by jove. Must be a case of anno domini catching up with me - not sure what it is I got exactly, so will hafta review the entire thread to get back in the swing of things. A straight reading still tells me that if I refuse to disclose driver details, they can come after me as the RK. You say not so, coz there's no keeper liability. So yeah, still a bit conscussed. But thx for trying anyway. Just as well I didn't major in law.
  22. Makes an ass of u & me? Yes, that's how I read it. I know you guys say otherwise, but never understood why, & never received an explanation why that isn't so in terms that I can understand.
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