q.q.qlp
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Everything posted by q.q.qlp
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Thanks, that's great news and very reassuring. Thanks again for your help with this.
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Hi, I am updating this thread as the situation develops so others can see all the stages as the letters all seem very official and scary. This is the letter I received from Debt Recovery Plus LTD. As advised I am just going to ignore it. I'll post any next steps they take here unless they are just repeats of the same or similar letters.
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But you can say you forgot / were victim of a payment app error (I received a phone call as app payment was processing and payment didn't go through and I didn't realise) once in hundreds of regular payments same time, same place spanning years. Irony is if the machine accepted £5 notes I wouldn't need the app and wouldn't have missed the payment! I pay 30p extra to use the app since their crappy machines rejected half of the £1 coins I had to use so I had to carry around about £10 in change all the time to be sure I could pay the £5. All in all very frustrating.
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Id say that it's more analogous to having a subscription service that you pay for regularly and then miss one payment due to exceptional circumstances and then continue to pay regularly than your examples which are serious crimes rather than oversights (except perhaps shoplifting if you are a prominent British morning TV presenter )
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Comparing me to a murderer Tony?! That's a bit harsh! (and I don't think really analogous to this situation) Hmmm yes jamberson you may be right. Unless I get a better idea I may just do that and whinge at them a bit (and forever be bitterly resentful). Is it worth telling my local MP? I just can't beleive their totally bad attitude. Not a way to engender a feeling of community
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Good idea... Unfortunately checked their guidance and their minimum observation time is 5 mins so no joy there. I was hoping that if they take me to court over it I would win since it was obviously a one off mistake and I can demonstrate both a long record of regular payment and a willingness to pay the normal fee immediately when I realised my mistake (only mistake in 5 or so years!). Does anyone know about this?
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Hi, Hope you can help, this is my first Penalty Charge Notice. I park on the same road for 6hrs 3 x week for work and have done for years. I have always paid and for at least 1yr have been using the pay by phone app so it is easy for me to prove that I always pay, regular as clockwork on these 3 days at the same time every week. On this day I was frazzled and tired and rushing to work and received an important phone call at exactly the time I was paying by phone. After the call I forgot to pay. I told the council all of this and I immediately offered to pay the usual parking fee owed as I always do and they still want me to pay a fine! I think this is really unfair and it sticks in my craw as it was an honest mistake so I really don't want to pay the fine. Do I have any chance/way of winning an appeal or is there no way around it and should I just (very begrudgingly) pay? They say they only observed my car from 14:07 til 14:12- only 5mins, is this a way to win an appeal? Many thanks for any help.
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Ah thanks that is very reassuring. So easy to be frightened into being extorted.
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Hi, I was hoping this would just go away after my letter telling them to bog off but following on from the above thread this "final reminder before debt recovery" letter has arrived and threatens action from "debt recovery specialists" if I don't pay £60 within 28days which sounds a bit scary (ie two big blokes booting my door in and taking my TV type scary). What is my next action?
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Ok thanks. Done and posted! I'll report on what happens here. Just out of curiosity what can they do with my signature? Sounds scary!
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Ok thanks. Thought I'd better check in case there was some sort of admitting liability issue or something with signing it.
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Ah, do I actually sign the letter? I put my name on it but I thought I remembered reading somewhere not to sign or am I mistaken? I just don't want to "trip up on a technicality" at this stage. Thanks again.
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Ok, thanks again for your help. It's very much appreciated.
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Is this ok? Dear Sir, The Parking Charge Notice ref: XXXXX you sent to this address is not compliant with the Protection of Freedoms Act 2012 and therefore no keeper liability has been formed so stop bothering me.
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Ok will do. I'll get to writing a letter asap. Is it ok if i put up a draft of my letter just to check is OK before i send it?
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So to try to make this clearer we entered as per the first photo and parked on the left - roughly where the fourth car along is (the blue one sticking out). We then walked to the doors straight ahead in the second photo (to a cafe in that building) across the grass where the man is - four of us saw no signage. Which is because there is no adequate signage. The only signs are on the right (which is a separate enclosed area), way over about 100m in the distance to the very right of the main building and on the fence on the left in the first photo - but it would be behind you over the passengers left shoulder as you entered! (I'm sorry but the file manager says I can't add any more photos)
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Oh yes you're right. I didn't even see that when i returned a second time to take more photos! I'd really rather not have to drive back again. We approached to park on the left anyway . These signs seem to only refer to the enclosed car park to the right hand side . All in all the signage is a joke. No one could be expected to see it . Is there enough here to tell them to bog off or do I really need to return? (I had taken a video but i can't seem to find it annoyingly).
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Well the NTK has arrive (33days later). Here are photos of it and some showing crap signage. It was levied at Shoreham Airport by Ethical PArking
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Hi, Hope everyone had a good bank holiday. I (and three others!) missed crap signage and got a Contractual Breach Charge from Ethical Parking on my windscreen over the weekend. Just double checking that it is currently still best to do nothing until a notice to keeper arrives (between 28 and 56 days) before I take any action on one of these? Then if it (NTK) arrives on time post photos of it and signage on here for assistance? Just don't want to get it wrong! Thanks!
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PCN from "Civil Enforcement - ** CANCELLED **
q.q.qlp replied to q.q.qlp's topic in Private Land Parking Enforcement
Success! I sent the letter as you advised and just got their cancellation today. Brilliant! Many, many thanks, it feels good to have told them where to stick it and have justice prevail. -
PCN from "Civil Enforcement - ** CANCELLED **
q.q.qlp replied to q.q.qlp's topic in Private Land Parking Enforcement
Ok will do thanks. I think I'll just put "no further correspondence will be entered into" rather then your second sentence though! -
PCN from "Civil Enforcement - ** CANCELLED **
q.q.qlp replied to q.q.qlp's topic in Private Land Parking Enforcement
Thanks very much for explaining things. So it won't weaken my case any if I don't go to POPLA? If I send the letter with my address on it but no name or signature will that weaken my case any? If not how about this letter I've drafted as per your suggestions? Shall I just send it as is with no "Yours sincerely" or whatever? Not signing it off seems weird.... Dear Sir, The Parking Charge Notice ref: XXXX you sent to this address is not compliant with the Protection of Freedoms Act 2012 and therefore no keeper liability has been formed. The billable hours and expenses spent researching and dealing with this issue have already been logged and will continue to be so if harassment with this spurious penalty continues for a future invoice of costs incurred. -
PCN from "Civil Enforcement - ** CANCELLED **
q.q.qlp replied to q.q.qlp's topic in Private Land Parking Enforcement
Is it non compliant? Ericsbrother stated it was and so I'd like to be sure why so I know I'd have a case if they pursue me. I just don't want to lose and have to pay. I don't want to have to defend myself in court either (although I will if I have to), I can imagine it'd be time consuming and stressful. I just want this to go away asap without paying the swine and need advice on the best way to do this. Is there a better template of what to write to achieve this? I'm not as confident as you both seem to be and the risk is that I'll accrue more fines and penalties if I try to fight it so I want to get this right. Many thanks again for your help. -
PCN from "Civil Enforcement - ** CANCELLED **
q.q.qlp replied to q.q.qlp's topic in Private Land Parking Enforcement
Thanks for the quick reply! In what way exactly is their notice non-compliant? Shall I outline why it is not compliant in my letter to them? I thought the longer letter may put them off so they pursue easier targets? -
Hi, I have just received a PCN from "Civil Enforcement" and I wondered if this template was a good one to send as an initial appeal to hope to put this to bed quickly. It seems pretty comprehensive and I thought I'd include it in it's entirety in case it can help others as a useful template/guide to the possible appeals. Is it good or are there any flaws? Thanks!: [removed lengthy templates dx] PCN.pdf Here is my PCN notice. It is unclear whether it is a notice to driver or a notice to keeper. Is this a grounds for appeal? I see that POFA 2012 requires notices to keeper to: - Advise that the driver is liable for the parking charge and the amount and that it has not been paid in full - State whether a notice to the driver was given either to the driver or placed on the vehicle and if so to repeat the information in that notice about paying the parking charge and when - 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 - Invite the registered keeper to pay the outstanding parking charge or, if he was not the driver, to provide the name and address of the driver and to pass a copy of the notice on to that driver so now I'm unsure of my first move....
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