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deks36

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Everything posted by deks36

  1. And that is exactly as I see it. Fortunately Ive never had one and unlikely to now Ive retired from the trade so unlikely to get one.
  2. In some ways yes I suppose it is and on reading the bye law which applies to my situation of being a private hire driver the argument would be in favour of Heathrow airport that is "3.29 Loading of private hire vehicles No person shall cause or permit a Private Hire Vehicle to load passengers at the Airport other than in an official car park." however does this make it legal for the police to issue a ticket anyone picking up outside of an official car park?
  3. Heathrow airport drop off though this could apply to any airport I expect.. Heathrow airport is private land and I have a response from the Met police stating that and that they are paid to police the land by Heathrow airport.. Now I accept a need to police it for security reasons and because in motoring terms a lot of traffic uses the area daily. However on occasions the Met police decide they will clamp down on people picking up from the drop off areas which by the signs posted is an offence some signs state its an urban clearway no stopping allowed except for dropping off so its fine to stop and unload but if you stop and load up thats an offence. I had a friend (taxi driver) dropping off and loading up at the same time 1 in and 1 out and he was threatened with a ticket as according to the officer its an offence to pick up.. Its clear this is all about money for for the car park.. Would the police issuing you a ticket in this case be classed in the same way as private company ticket or would it be classed as a criminal offence given that its on private land and would the matter differ if the ticket was issued by an airport employed operative such as the parking wardens they employ. I havent had a ticket but in some ways Id like to test the case in court as in my eyes its a private land parking matter and one the Police should not be involved in.
  4. Just want to update to advise that parking eye do not wish to contest my appeal no reason given back popla Would like to thank the people on this forum for their help and advice To any one searching for the first time my advice is don’t ignore a letter but read the forum on how best to respond
  5. thank you.. it looks as if I have messed up my appeal due to my impatience so it looks like I'll end up in court over it. Where I expect I will need to be much better prepared
  6. thank you. Yes i recognise there are plenty of people who just pay up.. I had a previous issue courtesy of my daughter on that occasion I chose to brave it out and ignore the letter(s) though I did get advised this wasn't a good course of action so took that on board this time and responded to it. They were different companies and I was lucky with the other one who didn't pursue it though it does look as PE will take them as far as they can and hope to win the day
  7. thanks for the reply, sadly too late for me as I already submitted the appeal. I dont fully understand how to argue points in a legal manner. However my time is precious as I am currently in the middle of selling my business and and in the middle of starting a new one elsewhere along with moving.. If push comes to shove I'll name the idiot driver who chose to stop in a car park he had no reason to be in and even worse take on face value the person their telling him its ok as the machine was broken.. What I dont understand is how its OK for them to lie about evidence but not OK for me to highlight this. t If I am reading comments correctly around the internet are they even allowed o get data from DVLA for such a car park? its all very confusing to me
  8. ok so Ive copied and pasted a few bits from the links posted. I expect I ve got it all wrong but this is what Ive written(not yet sent) The land is not 'relevant land' for the purposes of the Protection of Freedoms Act 2012 ("POFA") T, by virtue of paragraph 3(1)© of Schedule 4 of POFA, the Operator has no right to recover under POFA. There are previous cases where Popla have decided on this and agreed there is no right to recover from the registered keeper.Therefore there is no keeper liability. the signs as unclear/ not enough of them/acres of small text/ mounted so high you can't read without a telescope - fail to meet the requirements of the BPA Code of Practice Para 18.3Require that they produce photos of the signs as visible under the lighting conditions at the time Signs do not state that ANPR is used to calculate the period of parking and that it includes the time before finding a parking space and leaving afterward. Even if a contract existed, this is a unilateral and retrospective variation of its terms. I require proof that their contract grants them the authority to pursue charges to court in accordance with the BPA Code of Practice Para 7.2 A witness statement must be signed by the landowner in accordance with the BPA Code of Practice 22.16b. There is no evidence to show the vehicle was parked for the time claimed to be in the car park. The date of event is recorded as 28/5/18 the date the letter to me as the registered keeper was issued 7/7/18 and in it Parking eye claim to have originally written to the registered keeper who informed them I was liable.. FACT I am the registered keeper of this vehicle and have been since 27/6/16 though I was not the driver on the date in question. so their statement is a Lie and they have made no attempt to address the registered keeper before 7/7/18. So apart from the POFA 2012 RULING and the recent case where a judge upheld that
  9. HOW DO i FIND names of cases? the link just says mr X.. what is a precis please?
  10. in my appeal I stated there would be no admission to who was driving on the date in question. I said the NTK was to late to meet pofa requirements
  11. UPdate from parking eye as probably expected my appeal to them was unsuccessful so I know have my code for popla I wonder if I might ask how I should word the appeal I am the vehicles registered keeper I was not the driver and nor have I named the driver. the event was on the 28th May it was a payment required car park but driver didn't make payment as machine was broken (I am unable to say if other machines exist on site) notification received 7/7/18 on the reverse of the notification is a lie that says they contacted the registered keeper from records held by DVLA and the registered keeper said I was responsible for vehicle(I am the registered keeper) the way I have read the comments above is I need to make the point of the elapsed timescale, the lie on the reverse, the ticket machine not working according to driver, and possible address the comment above about PE being told to not bring any more cases due to byelaws on the port property though not sure if thats relevant to appeal to popla
  12. thanks guys.. really appreciate the advice. Now to work on my appeal to PE and then no doubt ultimately POPLA I doubt this is relevant but ill mention it on the 18/6/18 I removed the cherished plate from this vehicle to which this letter applies and replaced it with its original registration so from that I can deduce wrongly or rightly that PE must have got the details prior to this date I dont know if this has any relevance or not but worth a mention if it makes my task easier
  13. yes the letter is address to me a the registered keeper and not as the driver as I wasn't thanks for your input
  14. oh does the time lapse from event to letter sent not count? I am the registered keeper and they claim to have already contacted me to be advised I was responsible for the vehicle at the time which is amusing in itself. its taken 40 days for a letter to be sent to me ...
  15. I believe so. PCN gives no actual address but on the basis Mayflower is the terminal in the port and the drivers comments I would say it is in the port
  16. Hi Guys Ive made the mistake before of ignoring a PCN so this time I intend to respond properly. I received a notice in the post today received by one of my taxi drivers who failed to mention to me that he went into the car park or that the ticket machine wasn't working on questioning today when i received the PCN he said the person he spoke to had no clue as to what he should do.. the car is 140 miles away from my location and its unlikely I will be going that way anytime soon.. 1 Date of the infringement 28/5/18 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 07/07/18 3 Date received 11/07/18 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? {y/n?] post up your appeal] No Have you had a response? [Y/N?] 7 Who is the parking company?parkingeye 8. Where exactly [carpark name and town] Mayflower terminal short stay southampton the reverse of the PCN states" " We originally wrote to the registered keeper of the vehicle whose details were held by the DVLA at the time of the event and they informed us that you were responsible at the time of the parking event" I am now and have been since June 2016 the registered keeper and owner of the vehicle. I have not made any representation to them or anyone else about the this event or any other event as to who was the owner or driver of the vehicle at any time
  17. not asking for sympathy at all. and if I end up with a court summons only myself to blame. I posted the the latest letter so people could see what was sent next from the debt recovery people There ate two reasons I didn't write the first and important one is I am not too good with the written word and felt i wouldn't word it write and secondly I have been extremely busy with work and this wasn't a priority to me. I am however grateful for your past advise and appreciate the efforts you go to to advise all posters on the forum
  18. thank you ericsbrother. my own thread exists on this matter you have been very helpful with your advise even though I didn't actually heed it and write as advised to do
  19. I had one of these today and thought the very same, that if they don't here from me they assume I accept I am liable and the link about the supreme court case I am ignoring this letter though in my case I was probably wrong to ignore the first 2
  20. we've been idle and lazy and haven't written to CEO Sainsbury's and been guilty of ignoring the letters send today we received a debt recover letter. This to me in itself seems to be incorrectly worded and interesting to note that the fee is now £130 nowhere can I find reference to increase in the rate on any communications save for the discount offered for early payment of £40 instead of the normal £70 haven't communicated with horizon or DRP for that matter and yes I know I should have communicated to CEO as i was advised Scan 6 Oct 2017, 15_48.pdf
  21. thank you so much for your great help and advise, I will get to this later today could I just ask what the cause for claim is thats missing from the NTK as I can't see whats missing thanks in advance
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