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karbot

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  1. here is an interesting addition: I am buying a new car and there was a search done by the finance company , no problem, however the credit reference agency sends an automated email saying I have a change on the file which is normal. however on checking the file guess what?. I have just seen that BW Legal completed a search on myself in Feb 2018? Now that is a surprise as at that time I had no correspondence at all and had not given permission to complete search - not sure at what level or how legal it is to do this without permission? any legal guys out there who know the privacy rules pre-GPDR would be good to hear from?
  2. thanks that now all makes more sense - I had no idea that thread was still there -? I could have looked it up but forgot all about that - thanks for helping !. ill ignore .
  3. no not moved - will possibly have kept something 6 yrs ago - ill check?, 6 yrs form offence date?
  4. I have received 2 letters from the above company out of the blue and over last 2 months,. I have never dealt or heard anything from them before?... but they mention Vehicle Control services but have not supplied vehicle reg?, date of alleged offence?, or location? they have just included a VCS case number which I have no idea what it relates / which vehicles etc ? maybe its a deliberate omittance to seduce me in to contacting them? eg. "have you made a mistake?" etc Knowing how these companies work I am not for enquiring either for the information to clarify. The only long standing PCN I can remember was back in jan 2013 at Liverpool airport where a van photographed, me pulled over on the entry road to the airport as my father who is elderly was suffering sudden chest pains and we pulled over for a couple of minutes. at this time there were lots of people fighting John Lennon airport on these pCN's. I think I replied after getting advice here something to the fact of " no keeper liability and not relevant land ?" & heard nothing ever since!... that was 5 - 6 years ago so not even sure if this is the case its referring to.? 1. 17th July - "notice of debt recovery" - no reference to offence , dates, vehicle reg etc - just a VCS case number asking for £160. also mentions in small print at the bottom of the page that "this case is not subject to high cost or Bailiff action" 2. 6th Aug - "Legal recovery Action" threat to take to court as not replied. - what is the legal stance on PCN's over 5 years old and what should I do ? never heard of this company before? thanks
  5. Q. if we appeal to POPLA using the common sense and the obvious unobstructed parking reasoning . If POPLA turn down the appeal does that weaken our position if we eventually continue via a County court hearing? Otherwise I will follow Ericsbrother's advice and we will sit tight for a bit of fun ahead.
  6. just to add some clarity and factual information - he now tells me that he only has had a PCN on the windscreen 20/12/17 , He appealed as per the PCN instructions 30/12/17 He has Never had a NTK sent to him. (I presume this would be because he appealed and admitted being the driver.) received a reply 7/02/18 denying the appeal.
  7. sorry slip of the pen yes " parking charge notice" fo clarity he got a ticket on the window, waited 28 days and got the NTK within the 28 days - it was only then did he mention it to me. He then appealed by letter which was rejected and sent a popla code.
  8. Careparking where: Whitefield Metrolink Free carpark , Bury new rd , Whitefield, Manchester. (behind the station) Hi I hope you can all help me with this query on behalf of my father who is 80 years old. Attached are two photographs of my father's car parked clearly in a disabled bay but slightly too far to the right hand side. He had to park this way because on arrival the original car in the left-hand bay was parked at an angle and was impeding into the disabled bay, forcing him to part to the right hand side. He correctly displayed his disabled badge. My mother needs to have a full door opening access as a passenger and she is also 83 years old and is not very mobile. She was the passenger so he had to have space for her to get out. On returning to the car sometime later the original car had been replaced with the one in the photograph and he had a parking ticket for failing to park within the designated bay. He appealed to the parking company on the grounds that he had not impeded any other vehicles or prevented another vehicle parking in another bay and also mentioned that the car adjacent to the left HS has caused him to have to move over and that the car had been replaced since his return. As you can quite clearly see from the photographs there is plenty of room to the right hand side and the parking bay disabled chevrons can clearly be seen. I presume this is to allow access for a door to be opened fully for example, wheelchair access. As typically expected the parking company denied the appeal, ignored his explanation totally and sent him a popla code to start the next process to appeal to Popla. I have used this site previously with great success and really appreciate the knowledge that some of you on here have. However whilst he's not denying parking over the bay line, they're are circumstances that forced him to use this bay as others were available either. I am unsure of the correct argument to use with popla as clearly he is not impeding any other drivers which is the reason I would expect for parking wholly inside a bay. Before we write to appeal again I would appreciate any advice you may have. Thank you 5.pdf 4.pdf
  9. you know what! - I do remember a cover letter saying they had contacted my lease company to get details of me as hirer, but never saw the significance and threw that bit away and kept the NTK!...
  10. Got a APNR notification from parking eye - will fight this as genuinely I did not see any signs,. I have taken video and photo evidence of the sight and there is no visible signs stating parking restrictions on entry. This is a huge retail carpark where there are signs dotted around on walls and high level posts (10ft). When I entered the car park there was an immediate space to my Right hand side which I parked In. At this point there was no signage around and I Went and did some shopping. I met a friend After Buying goods in Tesco (With a ProvenReceipt, Time 11:37A.m.) We had lunch and I then went to the petrol station Which is on-site but i had Forgotten To buy some something And went back and bought Again in Tesco (Timed receipt 14:16 p.m.) The ticket says I left the car park at 14:24 PM. On returning to the car I saw the parking signs as i walked through the actual carpark for the first time, got some petrol and left the premises. I then had an after thought and feeling very cheated , decided to turn the car around, went back and parked again and took photos to show exactly where I was parked. (I believe this can be a cause of 'double dipping"- I will mention it in my appeal as i do not believe i was parked for all that time. Any tips would be helpful my thoughts are that the signage was solely on clear even though there are plenty of signage in other areasI was not looking for car park signs after I had parked.And also disputed in the time I was actually parked compare twoOn site.I have completed the details belowPlease let me know you your thoughts. I About to send a templated Bog standard appeal Letter to Parking eye online As we speak. i must mention that the car is a leased car and parking eye said they had to write to my lease company to get my details as registered keeper as I am the not owner. I think they have 28 days to inform me under this circumstance , and not the stipulated 14 days.? 1 Date of the infringement 14/06/2017 2 Date on the 04/07/17 3 Date received 07/07/17 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? yes 5 Is there any photographic evidence of the event - ambiguous - 2 photos of front of car not parked but assumed entry and leaving 6 Have you appealed? yes. Have you had a response? not yet . 7 Who is the parking company? parking eye 8. Where exactly Woodfields Retail car park , Bury lancashire (retail shops Tesco, next, Sports direct etc) For either option, does it say which appeals body they operate under. There are two official bodies, the BPA and the IAS. If you are unsure, BPA i think? please check HERE If you have received any other correspondence, please mention it here
  11. Ok I was/am a total novice here but i will try and outline the defence i used. apparently the transcript is something that you can apply for at a cost from the court and I dont need any extra costs but it may be worth you asking Bury County court for a copy and split the costs? court day: Firstly the BWL team never turn up they employed a local Solicitor who had several cases on the day one of which was mine and hadn't really bothered to much getting her preparation in order. Probably the same for you. I turned up with a full ringbinder folder under my arm.. I think this made an impression on the magistrate, as the solicitor kept referring to her mobile phone for copies of my defence statement. Looked shabby. make sure you supply photos and ill copy you in with some i used. I also received copies of emails from the planning department confirming that there was no planning consent applied for and therefore I stated that they had ignored the planning rules. The council are reluctant to say whether they needed them and would not take retrospective action as the signage had been removed anyway. Get yourself a copy of the advertising and town planning online for free. There signs are too big do not conform to planning with a "deemed consent section 2". Although the magistrate said that this argument on its own may not have been enough if I have not pointed out the confusing signage around the car park. I got a ticket at 7:30 pm in the evening when it was dark and wet. The shops were shut , and there was no reason for me to believe that this was a pay-and-display car park. I admitted i did not buy a ticket as i had no belief that i had a need to? I said there was a van parked in front of the tickets Machine as it was in a dark corner, and the signs around the wall were not clear and not prominent. And I parked in a staff only parking bay at the rear of the TSB bank. You need to send a CPR. 31.14 request for parking management with the landlord. And asked them to also show you proof of planning permission as you believe that they does not conform to Town planning regulations. See my thread above as Ericsbro has added some great advice around this. They will refuse so keep their email reply to show to the magistrate. The magistrate asked the stand-in solicitor directly under what authority did XL parking have to enforce a parking charge on a car park to the stuff on the day? AS NEITHER THE LANDLORD NOR THE CLAIMANT BOTHERED TO ATTEND THE SOLICITOR CANNOT GUESS OR SUGGEST ANYTHING AND HAS TO STICK TO FACTS IN THE CLAIMANTS STATEMENT. He said the contract would stipulate what rights they had? BUT as BWL LEGAL had refused to copy me in with a copy of the contract the solicitor could not answer the question? . The magistrate just shook his head. They also sent copies of photographs of car park signage that they had clearly on an achieve file which are post dating the offence. Il received these two weeks before the court case from BW legal as part of their defence statement!!. This shot themselves in the foot, as the magistrate said that the signage could have been erected after the offence and they had no evidence to suggest otherwise? He was staggered at the incompetence of these parking companies that erect signs and then do not take photos of them date stamped (hopefully they will send these to you by mistake!) as my offence was March 2015 and there photos were date stamped Aug 2015.!! - not proved!.
  12. Todays result in court Excel Parking Services Ltd 0 Versus Booth 1:lol: I won !... Thanks for all the help on here especially Ericsbro and Dx who have been quick to reply and patient with my questions . The claim was not attended by the claimant just a local solicitor / advocate she wasn't that well prepared and had lots of use files for the day. When the Judge asked her to refer to photo I had provided of poor signage - she used her phone! she hadn't even printed off my defence? I admitted that I never bought a ticket - but on the basis that i never saw any signage in the first place that asked me to buy a ticket so no contract was entered into. The claimant only claimed a breach of contract. - They provided pictures of the signage, date stamped for August 2015 (offence was March 2015?), Provided at last minute a witness statement from the landowner stating he gave authority (also date stamped - September 15) The PCN they sent in their Witness statement - was a photocopy and completely blurred and illegible I provided 3 main points in the end and when i get a transcript ill post it up. 1. Poor signage - there were "staff only " parking signs on the building wall next to where i parked - i questioned the claimants right to sue someone parked against these bays? 2. I asked under a CPR 31.14 back in september for a copy of their contract and authority to act on behalf of the landlord and a copy of parking planning consent (ericsbro idea)- which they had refused to supply. - This went against them as they couldn't provide proof if they could act on behalf of the leaseholder in bringing a claim "staff only" ? ...Judge :"did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? " - Solicitor couldn't confirm - no contract!... shame.. 3. planning consent (read up on the advertisers guide to planning rules), also had an email from the town planning officer stating that in his opinion the signage would require planning consent. Also that there was no planning application on file? - The judge said - If i had only brought this point up he may have found differently. I don't think he needed it, he clearly had doubts about the signs where any reasonable person would think the same and "staff only" would not lead them to think there was a requirement to buy a ticket? Took a recess for 10 mins then made a judgement: Claim refused - parking signs cause confusion , no contract proof, he went on to state that he was staggered that serial claims companies like these do not take a photo of the signs they then use to prosecute with at the time of erection? Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date. The only thing I am sorry about is that I forgot to mention costs of my own - he never asked me if there were any?.... and I was too excited and trying my best not to grin former to ear that i forgot to ask! .... no bother! One last thing- I want to change the title if i can of the thread as I originally (total novice) put the wrong address (town) in the thread title - It is Prestwich Manchester , not RADCLIFFE. I Was trying to avoid being caught out seeking help by BWL!!!..who i thought could track my questions. silly but it may help others who have similar problems on the same car park.
  13. "No-one else is allowed to park and that is not a contractual matter, it is a prohibition. You cant agree to trespass so they cant demand money from you. " can you elaborate? i assume you mean if i agree to their terms - by parking in a space then I am entering a contract with them, but if i park in a prohibited space i am trespassing, - so are you saying i can't therefore agree to park and trespass ? i'm a little confused on the interpretation. just read up on rights of audience and the claimants witness statement says the representative is a litigation paralegal employed by BW Legal - so probably within the rules, as "employed".
  14. Thanks for the information thats helpful I have just had an email from the planning officer who has eventually confirmed that in his "own opinion" not that of the councils' that planning permission should have been acquired, although the signs are no longer there so he cannot enforce any action. extract : " In the circumstances you have described I would say yes advertisement consent was required for the signs. This is however my own opinion and not that of the Council. I suggest you take some professional legal advice from a firm that specialises in planning law to assist your case. Yours sincerely," also I have not sat and done nothing for the last 7 months - I have been following the advice in threads and sent replies to BWL , and then waited for a reply as per the advice , but they have taken it to court which is a surprise but lets see what happens - as i see it i have to pay them £238 now or go to court , lose and still pay £238 in court (maybe less), so I may as well have my day in court!-
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