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ericsbrother

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ericsbrother last won the day on March 15

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  1. They know their roboclaim is rubbish and you still have a couple more bites at the cherry. Chamces are they will drop it later on, often when they have to convince their client to pay more money for the hearig fee. They like you to pay up without questionif that wasnt so they would have to do some work to earn their money
  2. my younger daughter got stopped for doing 58 in a 30 limit and she accepted the charge and got 3 points and a small fine. Now as that was a face to face encounter the administration of justice was no dounbt slightly easier so I would be tempted to let the team that deals with traffic matter know that it was you, you realise you have been stupid and would like to have the matter disposed of as quickly as possible so would it be possible to do this without the matter going to a court hearing? You may be lucky and get offered a speed awareness course ( depends how full they are and the local police's attitude to their use for the speed you were going). It is likely that a quick response will result in a lower penalty though.
  3. there are stil unanswered questions about the land and the rights of way over it. By having a TRO the council may well have adopted the land so agood look at your deeds and the map that goes with them will be necessary. The road may not belong to an individual and as you describe it the curtillage that is your property may have by way of continuous use a right of way over it but that is not the same as the council ever having rights to create a TRO as it wont be a public highway. TRO's can apply to a public right of way though even if the land doesnt belong to the council. Some councils do apply the Dawood decision quite ruthlessly and ticket people in private car parks so getting a ticket for parking on your own land where there is no delineation is a very likey scenario. You may have to fight this all the way to the high court but you need to really go through the deeds and other such sources of info before you do anything. Get your neighbours involed as well so that way if all 32 houses have a beef with the council then they will take more notice tha just one
  4. getting a third party to do the work is legal as long as the head lease says it is OK. What would be worrying is if the second cmpany has any relationship to the supposed proper management co such as the same directors or getting paid for consultancy rather than actually doing the work. Taking a large co as an example. Kier or Interserve have many sub companies that do all sorts of stuff on behalf of the main co that are primarily a building co and Food delivery respectively. You need to look at your lease very carefully anad ask for sets of accounts an query everything that isnt obviously for actual work done. So if co B appoint a byuilding co to do some work are they charging a fee for professional services? If so then that should be challengeda nd you as a group either seek to ahve the management co removed as they arent up to the job or you shallenge the money spent on their fees as unauthoried ependiture dependingon what the leases say.
  5. I would be writing to the DVLA and ask who has accessed your keeper details, when and why. This may be telling. there is a particular address yo need as the DVLA has a dozen postcodes for different departments so you will need to do a trawl to find the right one. You could phone and ask for the correct address but they wont give you any details about the enquiry over the phone
  6. now several things to point out. The first big sign you encounter says 4 hours free aprking see other signs for conditions. This is an invitation to treat and is not a contract that binds you to the other termsdso you can park for 4 hours and not have to consider what any of the other signs say. the commonest example of an invitation to treat is a sign in a shop windoe saying " sale, 50% off most items" when you go in and pick up an item and are told that it isnt in the sale you cant force the shopkeeper to sell it at a reduction and converseley he cant force you to buy an item just because you picked it up to ask about it. You can wander round the shop and leave without purchasing anything, whether yiou saw the sale notice or not. The shopkeeper cnat demand you buy somehting or charge you for the heat and light. So as the invitation is for 4 hours then that is that, you dotn even need to read the other signs. Also the signs say if you do this then you have a contract with UKPC but if you do that you have a contract with Highview. No, should you accept the terms of the signage then that cannot be with 2 parties so the signs needs to amke clear who is offering you the contract and what the terms are. If UKPC have a contract with tesco then it should be their signs and they cant offer agency, even if the agreement with Tescos say they can that is not what is being offered to you. Yiou can argeu that as UKPC are offering you a contract then any breach like parking on a yellow line isnt in that contract so isnt a breach Highview cant offer you a separate set of temrs beacuse they are not the principals. all they can do is act as agents to UKPC at most and this means that you are not answrable to both. Now in your case UKPC have demanded money for something that is applicable if a ticket is slapped on the vehicle and although we know they did this we havent seen the original ticket to see if it actually matches any of the terms offered in the signs that dont necessarily mean anything.
  7. take time to read up on how this curcus rolls on, you know by now that the dca has no locus or agency so they cant do anything other then write the letters they are paid to send out. The bill of £160 is ficticious as well, but all of the IPC members add this to the amount they demand because 85% of people pay it and out ofthose who dont the majority just bury their heads in the sand rather than doing as you have done and take advice on what is what so the cowboys make money by acting unlawfully. Let us know when you get the next missive and file these away with all of your other stuff as you can use it to bite them back. The disappearing ticket/first letter will be produced but by showing every bit of correspondence you can convince a judge that you didnt receive it and thsi company has previous form for behaving like this
  8. If you own the land without easments or rights over it andif there is room to pass without actually encroaching on that part of your land you could just put a fence round it. obviously that will make parking for you awkward. However, the council will claim that their permit scheme is an easment in itself. No it isnt, you agreed to it. Bit like me borrowing your lawnmower. I cant then lend it out myself or tell you how and when you can use it or refuse to return it to you upon such a request. If you agreed to let me manage your lawnmower the I can lend it out but it is still yours and I have to retun it subject to the conditiosn of the original management contract. You will therefore need to look at what was agreed at the timeand whether there was a time limit agreed. It aint for the council to decide that time limit as they are just borrowing your lawnmower so to speak
  9. you havent read the full sentence FOR ANY ADDITIONAL clauses..... that are on the signage and then jumped to the wrong conclusion. You will see this on many signs, they say that if you dotn apy up within a certain time then recovery costs will be added. they can only do that if they sue the DRIVER as the keeper was never party to the agreement their liability to the parking co is strict- limited by the POFA. Also, not every charge issued is faulty, some companies do get it right and have all the correct permissions. that is why we ask for a long list of information and tell you to ask the council about planning, demand sight of contracts etc. however, even when the parking co does all of that if their signs arent obvious and their machinery for registering vehicles-ie like the equipment Highview use at Tesco stores is so complicated then they still wont necessarily win a claim. parking co's make about £300 million a year on issuing pcn's and roughly 5% of those are actually correctly issued. the above comment is so anyone who actually gets a properly issued pcn and it ends up in court they still have a way of keeping the actual amount down to the true level. Not a single member of the IPC will be in that 5% and they will all add spurious fees to the bill. Could it be they receive advice that isnt true but as most peopel dont fight tooth and nail they find it is worth their while telling fibs and risking a earbashing in court
  10. still havent had an asnwer as to who has the AUTHORITY to say yes or no to the issue of a permit. You must make tyour friend undersatnd that this is the most important aspect of the temp permit scheme, not who actually issued them, who was away that day or what ther management commitee do in their lunchtime. Was the concierge issued with instructions about who gets on or not and who gave them that order, the management or the parking co?
  11. yep, keep all of your paperwork safe and copy this thread to a memory stick or print it off as well. You can do the same for other useful threads
  12. if you have alrerady submitted you might be able to change the wording without charge if you hurry. other than that snail mail to Gladdys only as your version wont make them wnat to drop it at this point, you will have to slap them hard with your Witness Statement later on
  13. ring the court as you may still have time to challenge the judgement. If they say no then you fill out the N244 to ask for a set aside. You will win the rematch unless you manage to shoot yourself in the foot
  14. If you get as far as engaging a lawyer dont forget to throw in the biased ballot including people who have no interest in the land (doesnt matter thay are near neighbours). Now there may well be an easement for the road to allow all and sundry to pass along it but that wont affect your property as long as that right of way/throughfare is maintained. There was a case some years ago when all of the mews of Sth Kensington were adopted by the council. people had plant pots outside their houses for decades and all of a sudden they were being issued with parking tickets. DYL's were painted round people's doormats etc so what seemed like a good idea by the council to prevent clogging the narrow streets by interlopers didn nothing but aggravate the people who lived there. I woudl speak to all of your neighbours who actually have a curtillage on this road and see what they want before you spend money. Also look at the background of Dawood v Camden as that decision effectively allows councils to clobber people on their own land where the boundary is not clearly defined (and that statement is generous to what was actuallly said). Also dont forget, the council has unlimited funds (your money!) to fight yo and no liability for any individual regardless of how unreasonable or unlawful their behaviour
  15. no such thing. Some poor tree died just so they can write this twaddle. Can I send them a letter saying that I hold them responsible for killing the dinosaurs? File it with your other paperwork and let them waste more of their money employing some other twonk to write to you as well. IF they get as far as a PAP lba then you can let them know what you think
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