Gick
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Everything posted by Gick
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PCN issued - no photographs uploaded at all.
Gick replied to eviju's topic in Local Authority Parking and Traffic Offences
I for one am critical of YOU for suggesting that the OP lie! This is completely against the ethos of CAG. We offer advice to combat the lies of others and to support the innocent or confused when dealing with (in this case) officialdom. On the other threads we help to combat lying money grabbers. -
Oh yes they are!
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OP was given incident number by Police!
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For accuracy only a court can fine you. The council can issue a Penalty Charge Notice and the Police a Fixed Penalty Charge.
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Unfortunately you have only answered part of the question from Ericsbrother. I appreciate that you posted dates of some of the PCN earlier, but you make it difficult for those seeking to advise you. This is a self help site covering many threads, so please answer all questions fully otherwise people have to go back through the thread to confirm information. As much of your problem is a matter of timing, can you please check your new V5c for the date of CHANGE rather than when you sent the old one off. Also it would be prudent to write to DVLA and ask for the dates and by whom an enquiry/ies were made for your keeper details. It is a requirement that for every PNC that an enquiry is made. The PPC are not entitled to use a previous enquiry to issue subsequent NTK's. EB has noted the reason that the POFA 2012 has this specific requirement in another current thread, which as you have read others (haven't you?) to further your knowledge, you will be familiar with.
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But DX has said they have already PM'd them to urge that they return to the forum to update it, without success. Sometimes the dead horse just needs burying.
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If your neighbour had taken it to Tribunal, in all probability it would have been cancelled.
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So if no response to that, how do you expect a response on the open forum?
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A one word post hardly asks that question. Surely as a member of the site team you could PM and urge the OP to up date us? I realize that you are incredibly busy, but being cryptic does not really help. If the OP is no longer interested in the site, this post is unlikely to reactivate them!
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Did you mean to post on a 2 year old post?
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One of the reasons for not signing any documents going to these lowlife bandits is that they are not above scanning and manipulating it onto other documents. Yes they are that bad.
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Please do not think of it as a FINE. It is not. Only a court can fine you! DRP are lowlife debt collectors and work simply on bully boy tactics to weasel money out of you to which they are not entitled. It is a pity that you did not come to the forum before paying the £100 as it is unlikely that you would have needed to pay it. However, you are where you are so take the advice of the experts like ericsbrother who has had years of experience in batting away these demands. Fill out the stickie that Honeybee has posted above, so that the best advice can be given. Read some of the other threads, including the SUCCESSES in the forum stickies in the pale blue section above to give you an idea of how things work.
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Tony, thank you for your explanation in post #5 for the appeal. It is a pity that your company were not aware that these matters are purely contract law and as the supposed contract was with an individual (the driver) a corporate body (your company) has no liability, even though they are the registered keeper. They could have told the PPC to Foxtrot Oscar. The use of the word fine tends to give a legitimacy to the demand that does not exist (hence DX's bete noire) Follow ericsbrother's advice to put them to bed. Sometimes he will advise what seem like offensive comments in letters, but this is from long experience what is needed. Do not be tempted to try a more reasonable tone as you will dilute the effect. These are not reasonable people that you are dealing with, they are the old clamping thugs in suits!
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Bankfodder, I think you have misread the OP. My reading is that the salvage company is being instructed to collect the vehicle from the scene of the accident or storage post accident, not from the posters address. This is his/her point whether they should insist that it be moved TO their address. I take bankfodders point, but unless they have the opportunity to view/photograph/have assessed, they should not pass ownership to Hastings nor the Salvage company, until satisfied as to valuation.
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Welcome to the site. The experts will no doubt be looking in after the weekend, but in the meantime if you were to fill out the link provided by HoneyBee it will provide them with the basics to advise on. Some regulars may point out that it is not a FINE, only a court has the power to issue these, even the police an only issue Fixed Penalty Notices and likewise Councils Penalty Charge Notices. These letters from a Private Parking Company are known as Speculative Invoices. Others will point out that by appealing as the driver you have lost the protection from the Protection of Freedom Act 2012 that you would otherwise have, particularly as the Notice to Keeper (NTK) was out of time for keeper liability. However, not all is lost, these bandits will ALWAYS get other paperwork and signage wrong. There are persuasive cases at County Court where a term prohibiting leaving the parking site has been shown as unfair and unenforceable. To assist the experts such as ericsbrother, if you could scan the NTK after redacting all personal details, reference numbers, bar codes but leaving times shown, then upload using the means shown in this hyperlink. Also scan the other letters and similarly redact before uploading as one multipage PDF.
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There yer go! Get them to contact HPI for a correction or addition of explanatory note.
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I repeat my post at #2 Now we know that it is a Golf, Go to ANY VAG dealer/service centre who will be able to interrogate the vehicle.
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I suspect that an entry mistake was made when the vehicle went to the 'manufacturer' in January 2016. Does it look as if it could have travelled 50,000 miles in the 5 months since its Mot in August? You need to take it to the manufacturer's franchise dealer to have its history checked as it could be that this visit and that in May, were for a recall. They may well have servicing history as well to show that this January figure is an anomaly.
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Major engine failure***Resolved***
Gick replied to harni's topic in Vehicle retailers and manufacturers
Congratulations on sticking to your guns. -
As a point of clarification, Mercedes Portsmouth is part of the Marshall Motor Group, part of Marshall Motor Holdings plc. Originally Marshalls of Cambridge. Registered Office - Airport House, The Airport, Cambridge, CB5 8RY. The CEO is Daksh Gupta
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I am not sure why you are asking about suing Mercedes. It is nothing to do with them other than giving their name to the supposed Aproved used car scheme. Your beef is with the dealership in Portsmouth as the retailer. Do not be fobbed off by 'central complaints', they are only interested in complaints about the actual vehicle, not the contract that you had when buying the vehicle.
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Please do not communicate with the PPC at this stage as it is easy for the uninitiated to mention something that they can use against you. They are not honest people so do not think that being reasonable, sharing the crime reference with them etc, will stop them trying to grab your hard earned. Later you may need to send a robust response, but only by mail as telephoning or use of email will merely offer a free means of harrassing you. If you can line up proof of where you were at the relevant times ready for hitting them later, so much the better. The discrepancies that you have seen could be useful later on if they were silly enough to take it further. After the weekend the experts such as ericbrother will no doubt look in and advise you further. Until then you may like to look at other threads on the subject to get a flavour of how these cowboys work.
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Whether you were the driver at the time of the incident is totally irrelevant. It is the registered keeper who is being sued, not you. The threads that you refer to above are different because the defendant prevaricated as he WAS the driver as well as keeper. You are over thinking this, the hearing will be in the nature of a 'business meeting' around a table. You are only assisting the keeper/defendant, you are not Perry Mason.
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Our posts crossed. If your insurance company closed the case without reference to you, the only hassle that they will have is from the Insurance Ombudsman if you are minded to pursue it. As you will have increased premiums for some years because of this claim it would be worth your while threatening to report them unless they reopen the claim!
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If he did not provide the policy details and the company name is in question, you could report this to the police as failing to provide details after an accident. Although it is twelve months ago, they may follow it up as it is possible that he was NOT insured and also provide a reference number for your insurance company to support your claim against the third party. You need to push your insurance company.
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