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About parkingbill2018

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  1. Staying off subject about Windows. I got tricked into upgrading to 10 when it was being offered free. I kept declining, but one day they caught me out. I still hate it and prefer Windows 7! It will be sad day when it goes. Back on subject. You would think they would have already pulled the plug, especially after having a case dismissed for the same road a couple of months ago, but I think they are either stupid, very determined to get me or both. There is always a chance of these cases being lost if you get a bad judge, so I suppose they might think it is worth the odds of this happening for the relatively cheap legal costs. They also probably know the odds better than me having used this court several times in the last 12 months.
  2. I was just commenting on Gick's post regarding trade association definitions and is not going to be part of my defense. No I am not trying to write a book. Your recommended one liner is of course important if that is the main point of law which will make everything else irrelevant and I will of course use this in the opening to my defense. However it is important to note that the reason I parked here was because honestly and genuinely the Tesco Car Park was full and I was not aware that this road was Private/un-adopted as it looks like a normal highways controlled road (no yellow lines or no parking signs) and no signs at the entrance and other cars were parked here, including one used by the parking company. The parking company are members of the IPC and state the signs and site has been audited and approved by them and they abide by the Code of Practice, which they only do when it suits them! I am confused by your comment questioning if I am the driver as well as the defendant and coming on here and planning to go to court pretending to be someone else! I have no intention of being so stupid and don't you have to present proof of ID when you attend court? So don't worry about me falling into any bear bit! Finally you say wise to say nothing more at this stage, but I am sure there are spies following this thread so I think they will be aware of what we are both suggesting to use in the defense, so they are probably already trying to come up with counter arguments! A disadvantage of open forums
  3. Gick I agree with you, except POFA was 2012. According to the DVLA the IPC and BPA are the regulators and it is a waste of time complaining to them about a Private Parking Company not adhering to Code of Practices. They do have the wool pulled over their eyes, but do they care when they receive a nice income from it? The IPC don't have bars to serve drinks, but they do have nice annual dinners, with their main sponsor being Gladstone Solicitors, but that could never be seen as another example of a conflict of interest could it?
  4. Thanks ericsbrother for your advice. How come so many Private Parking use this wording on their signs and then claim for the impossible (payment for unauthorised parking)? Surely the regulators (BPA & IPC) and their Solicitors should know the law? Unfortunately the driver was named as we were ignorant at the time that the PCN was received, but according to IPC Code of Conduct Part C 2. Notice to Driver (Non-ANPR cases) Schedule 4 to the Protection of Freedoms Act 2012 prescribes the steps you must follow to pursue the registered keeper of a vehicle for an unpaid parking charge. You should fully ap­praise yourself and those within your organisation with the Act and the processes therein to make sure that you are compliant with the legislation. Below is a short summary of the requirements. However, it is you that has the responsibility for ensuring compliance with the Act. 2.1 The Notice to the Driver must; (a) Be in writing. (b) Either be affixed to the vehicle or given to a person who appears to the Operator to have control of that vehicle. It was not affixed to the vehicle or given to me, it was sent in the post! They also want an extra £60 for referring this to a debt collector, plus interest on the full £160 from the date of the alleged offence. In May 2018 I wrote to the MD of NPM instructing him to not bother passing this onto a Debt Recovery company as the debt would be denied and that if his company were going to continue their claim against me they should do so via the Small Claims Court and not waste time and incur additional costs, the latter which I would not accept. So can this fact be used to reduce their claim in the unlikely event of them being successful? I will be also include in my defence no Private/Un-adopted road signs at the entrance of the road, with T & C's (Parking Eye v Beavis) and most signs in the road are perpendicular to drivers line of sight (Parking Eye lost a case in Swindon court because of this) , non compliance of IPC Code of Conduct (Signage at entrance, not clear, alluring tactics, signs not lit up outside of daylight hours, no grace period etc. ) and not following the Pre Action Protocol. What do you think?
  5. Yes on my phone my post is 164 and yours is 165, but in your post 163 you said tead post 165 carefully, but it didn't exist on my PC or phone!
  6. There isn't a post 165. Your post is 163 and mine will now be 164 CPR31.14 done and will post tomorrow. Registered with Money Claim and instructions followed to completion. Thanks for your help. Now the defence needs to be worked on. Note just doing an edit because I notice my post has not appeared as no. 164 as expected, but #151. What is going on?
  7. Thanks. The https://www.consumeractiongroup.co.uk/topic/409718 link does not work. Do I still do a CPR 21:14 request when I have already requested further information in my response to the Claimants LBC and they have so far not responded to this? There is no Solicitor involved so this was to the Private Parking company themselves. I will confirm the MCOL. Any advice on defense points to include other than what I already personally wish to make?
  8. The post numbers have been changing. I presume you mean the link in 149. I did this in post 155 by copyng and pasting the questions in link 149 as it instructs. I also uploaded the Claim with my details hidden. All the details have been posted in the thread and as attachments. Please tell me what is missing. Since you upgraded your website I have noticed a few bugs like post numbers changing & no longer being able to upload documents due to limited space available. The latter admin stated this was a problem your end. There is no link in post 153, so I presume you mean 149.
  9. I have read may threads on many websites/groups but never heard of that one before. What is the max size that PP not required and isn't it the size of the fonts that is key? I was not aware that POFA 2012 had a condition about size of the signs. I will read further. Thanks.
  10. In order for us to help you we require the following information:- Name of the Claimant National Parking Management claimants Solicitors: None Date of issue 11 April 2019 What is the claim for – 1.???? parked her vehicle on private land at St Edmunds Road, Northampton. Northamptonshire. NN1 5DY and was issued with 1 parking charge notice (PCN) for Unauthorised Parking. 2.Photographic evidence of contravention was taken which is dated and time stamped. 3.The matter has tried to be resolved out of court, unfortunately this has been unsuccessful. 4.The PCN was passed to our dept recovery team and additional charges were applied. 5.We would like to claim a total of 1 PCN at £160. We would like to claim for court cost. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 28/01/2019 to 10/04/2019 on £160 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.08. What a cheek wanting interest on the full £160 from the date of the alleged offence!!!!! What is the value of the claim? £160 plus £25 court fee = Total £185. No legal representative cost being claimed. Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Claim issued by the private Parking Company. Were you aware the account had been assigned – did you receive a Notice of Assignment? Not applicable as not assigned.
  11. Thanks for explaining, although I am not sure where Planning Permission comes into the equation. PP for what?
  12. Parking Charge Notice (PCN) for unauthorised parking on private land. PCN passed to debt recovery team and additional charges applied. Claim is for a total of £160, plus court cost and interest up to judgement date or earlier payment at a daily rate of £0.08. I will set up the Money Claim online to acknowledge the claim as you have suggested. I will also look at the link in post 153. What is lack of PP and rip into their POC (link for POC does not work)?
  13. Today I received a Claim form from the court and have 13 days to reply . NPM have gone ahead and issued this without following the Pre-Action Protocol. I had no response to my reply to their LBC which requested certain information (SAR request). They are still claiming against me despite having a case dismissed for a claim they made recently for another unpaid PCN for the same location. NB. I am still limited to what files I can upload. Admin stated this was an issue your end after the website was given a face lift. I did suggest a solution was to delete some old files, but was told this was not required and to to be patient. a small jpg of the Claim form was just about small enough. Any advice for my defense would be appreciated.
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