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supermancss

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About supermancss

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  1. What are the warning signs that a court application will be made? The Advantis credit will just send letters etc which will be ignored as I have never confirmed with them I have received any of their letters. I've written to DVLA who refused my request to lower the £80 to £40 but they refused, I haven't really got the money to pay it so have to hold off paying it as long as possible but even more cant afford for the debt to grow.
  2. Not spoke to anyone at sainsburys, i'll send off the appeal today anyway and wait for the POPLA information
  3. Anyone else have any ideas or tips with this one? I'd quite happily ignore it if I knew the fine wouldn't go back to DVLA and me end up with a court hearing..
  4. I think I will try an appeal, theres been lots of different parts quoted to mention. Anyone any tips on how to write it? Or is it a case of it will be refused then ensure I ask for POPLA number if they do?? How does the POPLA appeal work, will they take my original appeal letter as first bit of evidence or need to resubmit my information?
  5. Good point, would this not make the additional charges invalid but the original £70 remain? As it seems fairly clear to me that the £70 has been placed sufficiently to say it applies if you overstay. I've got a copy of the letter but forgot to photograph the back, this is where payment details etc are. I don't believe on the back from memory it said anything about additional charges figures...
  6. also reading the BPA code of practice 2012 - When issuing a parking charge notice you may use photographs as evidence that a vehicle was parked in an unauthorised way. The photographs must refer to and confirm the incident which you claim was unauthorised. A date and time stamp should be included on the photograph. All photographs used for evidence should be clear and legible and must not be retouched or digitally altered. The images on the letter show my number plate with written beside the date and time of in and out times. Not sure this is ok or not..
  7. Had a look at some details as below possible faults to pick at : The Notice to Keeper Schedule 4 paragraphs 8 and 9 of the PoFA stipulates the mandatory information that must be included in the Notice to Keeper. If all of this information is not present then the Notice to Keeper is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver. Specify the outstanding amount of the parking charge and of the maximum additional costs they may seek to recover, and of the dispute resolution arrangements Above paragraph typed word for word doesnt state a specific amount or a maximum amount in additional charges. Identify the “creditor” who is legally entitled to recover the parking charge Nowhere was it identified who is the 'creditor' legally allowed to recover the parking charge, should this say sainsburys as the landowner?? If a Notice to Keeper has been issued and the PPC knows who the driver is then the PPC may have improperly obtained the registered keeper details from the DVLA. It was Address to MR *mysurname* but no first name, im assuming they are allowed the surname or should it be to "registered keeper" ?? Posting up a redacted copy of the letter when I get home.
  8. Attached a photo, the sign's are dotted about the car park and round 7 foot in the air. As you can see from the photo it appears small print T&C's are at the bottom of the sign, they are unreadable when you stand in front of the sign due to being very high up. I couldnt read with my eyes and would need a good camera to photograph then zoom in on the text to read it...! http://postimg.org/image/pm6ptbpo9/
  9. Had very low battery on phone so couldnt take a photo when I passed earlier, it says ANPR used to record length of stay, breach of the terms and conditions will result in a £70 fine (or similar words to that description). There was a large block of text at the bottom, which from about 6 foot away I couldnt even tell it was writing, i assume it was.. And it was about 7 foot in the air.. I'll get one tomorrow when I'm in the car park! Might be tempted to do some investigations into how well the ANPR camera works..
  10. Driving school should have copies of your licence, banks, phone contracts, loans, job applications etc usually want copies of your licence. It would be good starting from there. This isnt the first i've heard of it, several years ago I know people were auto entitled to A1 licence from A2 after possessing it for 2 years but instead of the uprated entitlement to ride anything over 33bhp it was removed completely!
  11. I moved address in March and changed my licence over straight away, got this back no issues. I however forgot to send off my v5 for change of address. October came and my TAX expired but hadn’t realised as I was on the digital system then and got no reminder as they went to my old address! I first noticed I hadn’t done it when I had a letter from Advantis Credit saying DVLA wanted to speak to me regarding a matter and they had helped by tracing me. I have not contacted Advantis and contacted DVLA directly and spoke to someone who advised I had a £80 fine and £15 to catch up with the month I missed of tax in October. I actually only taxed the car from January onwards from doing it online as I still had my unchanged v5. I then sent off the v5 and have this back in my name. The advisor on the phone said I could write in to appeal if I wanted. I wrote in and explained I hadn’t received the original penalty notice and asked if they would consider giving the lower £40 option so I would pay a total of £55. I was prepared to pay this amount and just get it over with, they wrote back and refused. They said there was no good reason (I didn’t explain I hadn’t changed my v5, only that I didn’t get the reminder or penalty letter. They have stated in the letter that Advantis Credit are now dealing with the matter and to contact and pay them. I’ve read on the forums a few comments about NOT talking to DCA at all, what I don’t want is to ignore the £80 + £15 fine and then it end up in court. Is there any circumstance in just simply ignoring the DCA and hoping it all goes away and they write it off as abad debt? I’m assuming the DVLA will give all details to them, if they write off as unrecoverable it comes back to DVLA and they then consider court applications etc. IF this did happen, would they actually use my current and newly updated address do you think?? Few slight differences to other posts and I have read some others that are similar. I would appreciate some ideas on the points I raised; 1) Should I ignore and wait until DVLA threaten court? 2) Pay the amount requested of £95 total 3) Something else? Many thanks
  12. "not compliant with the PoFA for keeper liability" What part do you feel isnt compliant? As in how it was addressed and there was no indication who the fine was for? I'll get a sign picture up to look in more detail for everyone to check, no doubt the standard stuff but I'll check. In terms of dates, I'm assuming its the same date as its "automatic" but surely the issue date of the fine is the date of the letter? Which was over a week apart! if the letter had been written on the 24th, same day as the alleged parking offence it would make a bit more sense I think!
  13. Interesting, the back of the letter has the same information about payment methods etc. The parking Signs arent well positioned and where I park often I dont see a signs terms and conditions unless to turn back on myself.. I dont think thats a point I can argue as there are several signs, of course small ones. I'll try get a picture and post it up. It doesn't state that ANPR is used to find overstayers and fine them mind! Just the same as what was on the letter of: "we are using cameras to capture images of vehicles entering and leaving the car park and to calculate their length of stay. " Then the other part of the letter said the 180 minutes has t&c's on the signs, i'll have to see what they say.
  14. Date of alleged parking 'offence': 24/2/16 Date of issue: 24/2/16 Letter date: 1/3/16 "on the 24/02/2016 you were the registered keeper of the vehicle: XXXXXX Or you have been named by the registered keeper was the driver at the time of a breach of terms and conditions of parking. 2 pictures of my number plate saying entry times and exit with pic of number plate on each, "we are using cameras to capture images of vehicles entering and leaving the car park and to calculate their length of stay. Further to this we have signs that clearly show the 180 minute parking period together with the parking terms and conditions. This parking charge notice XXXX has been issued because your vehicle exceeded the maximum parking time permitted at XXXX by 57minutes. If after 28days beginning with the day after that on which this notice is given, the parking charge notice has not been paid in full, and we have not been made aware of the name and a current address for service of the driver, under schedule 4 of the protection of freedoms act 2012 ('the act') we do have the right, subject to the requirements of the act, to recover from the registered keeper of the vehicle at the time it was parked so much that amount remains unpaid. Failure to pay the outstanding balance or provide a serviceable address for the driver may result in you incurring additional charges from civil action being taken against you. If you are a vehicle-hire firm and the vehicle was hired out at the time the parking took place, please let us know and provide is with a copy of the hire agreement and a copy of a statement of liability signed by the hirer under that hire please not that we may have the right to recover unpaid parking charges from you.
  15. The only change is that the ParkingEye vs Beavis has appeared in November 2015 on which I believe alot of cases can't argue that point anymore; being a free car park, no loss was there because it was free in the first place. Seems that people are expected to be fined and then pay it to pay for the car park monitoring on behalf of everyone! Generally in the past I have had some tickets placed on the car and ignored them as they had no details of the owner etc, seems different with ANPR and getting details from DVLA - this is the first time ive come across a parking invoice for ANPR and by post! Interesting to note on the court cases mind! I don't suspect they will suddenly increase court cases based on the Beavis case law.. too much money and work if they can continue as they were!
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