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patdavies

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Everything posted by patdavies

  1. By whom were the tickets issued?
  2. Get the car to a reputable garage (or failing that a main dealer!). Get the car inspected and a written estimate for any repairs necessary. Go from there to the County Court and issue a small claim summons for the repairs and the clamping fee and your out of pocket expenses. You have maintained your side of the contract and kept them informed about changes to the vehicle and registration number. Their internal proceduresa and failures have caused the clamp to be erroneously applied and also caused your vehicle to be damaged. Personally, I would have removed the clamp with an angle grinder.
  3. Absolutely true. Enforcement is nothing whatsoever to do with the Council. They do not have to register with the Council. They cannot issue tickets in a private car park There is no right to issue a ticket, much less enforce it. See the other threads about parking on private land. You do not have to follow their procedures in order to "appeal". You simply assert that no contract exists between you and that you will not pay. These people will continue to send bluff and bluster letters to try an bully you into paying; they may pass your case onto a DCA - it is simply all harassment. Either report them to the Police for harassment or demand that they take you to the County Court for judgement. Don't worry that the charges increase - none of it is payable anyway.
  4. Fine, I'm glad you got that off your chest. However, the question was whether the 'ticket' is legally enforceable; it wasn't about the morality of the issue.
  5. Which Court were you intending to go to? Under DPE. You can make an informal appeal to the Council. If they reject this, you get a notice to owner which will explain how you formally appeal to PATAS or NPAS (depending on location). Only once this appeak is rejected and you fail to pay will the Council apply to the bulk processing cemtre at Northampton County Court for a CCJ. Without a CCJ, there can be no baliff involvement. CAN you confirm that this is a PCN issued by a council; under the Road Traffic Act 1991? Which Council?
  6. Maybe. The duty lies with the owner of the car park. This may not be the store. Most shopping centres with more than one shop are rented premises. In such cases, the store is liable for disabled access, and for compliance within the store. They have no duty in the communal car park as they have no duty of care in the car park; the store does not provide the parking - the landlord does
  7. Certainly, the Fire Service can take whatever action is necessary to move a obstructing vehicle in an emergency - including shunting it out of the way - without liability for damage.
  8. Whether the road is adopted or not is irrelevant. You may not place a vehicle under SORN on the Public Highway. Who actually owns the highway is immaterial. You can check with the Highway Authority (County Council or Unitary Authority) to see if you unadopted road is actually public hughway. If they confirm that it is not, then you may park the vehicle there under SORN rules
  9. I sympathise, but I doubt it. I think that these fees are transaction charges levied on your bank through the international sorting system and they are merely passing them on to you.
  10. Your letter is unfortunately a waste of time:( If the referenced law is the 1984 Act then the matter of two dates is irrelevant - that only applies to decriminalised parking under the RTA1991. The 1984 Act was a dog's breakfast and allows councils to set charges individually. All of these and the restrictions and application of restrictions must be contained in a TRO (Traffic Regulation Order) and it is to this that you must refer if you wish to challenge the legality. This is obtainable from the Highway Authority - usually the County Council unless this is a Unitary Authority (when it is the local authority) or a Trunk Road/Motorway (then it is the Highways Agency)
  11. If the referenced law is the 1984 Act then the matter of two dates is irrelevant - that only applies to decriminalised parking under the RTA1991. The 1984 Act was a dog's breakfast and allows councils to set charges individually. All of these and the restrictions and application of restrictions must be contained in a TRO (Traffic Regulation Order) and it is to this that you must refer if you wish to challenge the legality. This is obtainable from the Highway Authority - usually the County Council unless this is a Unitary Authority (when it is the local authority) or a Trunk Road/Motorway (then it is the Highways Agency) One point, if issued under the 1984 ACT, then than can only issued an ECN (Excess Charge Notice) regardless of the 'offence': if they have called it a Penalty Charge Notice then it is invalid and unenforceable
  12. Markings, etc. are irrelevant. This is a private ticket and unenforcable in law. The basis of their charge is that the driver agreed to an 'implied contract' by parking there. The matter is bound by contract law and is a civil matter. However, contracts may not imposes 'penalties' in such cases, only losses and they would have to prove to a County Court judge the following: You were the driver (and the RK has no obligation whatsoever to name the driver) That the signage relating to the use of the car park is clear and unambigous That the vehicle was parked at the date/time alleged That the y have suffered losses to the extent claimed If you ignore it, then they will eventually write to the registered keeper. You merely assert that you were not the driver and are are no obligation to name the driver, and any further pursuit by them against you will be regarded as harassment and reported to the relevant authorities
  13. Not quite. A speed camera penalty is a criminal offence and the Conditional Offer of Fixed Penalty is effectively an offer to admit guilt and pay (+points) without the bother of attending a Magistrates' Court to plead guilty. If you wish to fight this, then you simply don't do anything with the offer and you will be summonsued to the County for trial. An FPN (Fixed Penalty Notice) for parking and the like, is issued by the Police and if ignored will be enforced as if the fine had been imposed had been imposed by a Magidtrates' Court. To fight these in Court, you must actively write t reject the notice. The notice issued above is under the RTA1991 (as amended) and is a de-criminlaised offence. It is dealt with in exatly the same way DPE. If you don't pay or appeal it will eventually go to a Civil Court (Northampton) for a CCJ and baliff action. The first thing is to go to informal appeal and ask for copies of the evidence. If they won't give you a copy of the video, then use S.A.R - (Subject Access Request). The signage needs to be carefully checked to ensure that it is absolutely lawful - if it is not there is case precedent that it is unenforceable. If the signage seems good, then you need to obtain a copy of the Traffic Regulation Order or Traffic Management Order that imposes the restrictions - ensure that this is correct and was properly advertised prior to and on approval. The best advice is available on PePiPoo: Helping the motorist to get justice in the Parking Tickets forum. Peiple there will be able to infrom you of the exact letter of the law and how to provide case precedent for your appeal.
  14. Presumably if someone is seen smoking in uniform. My company doesn't even allow smoking in company cars - wherever they are.
  15. In all cases where mutual companies have floated, the share allocation has gone to the first named account holder.
  16. My understanding is that it is correct. Mobile phone contracts are not covered by the CCA and therefore the arguments that can be used with CCA agreements don't apply. Unless you signed as a guarantor for your son's account, they should not be registereing on your credit record. However, I suspect that , especially if he is living at home, it has been added by address. You need to write a letter of financial disassociation from your son to each of the 3 credit reference companies
  17. Not to dismiss your argument in anyway, but we have 10 Mb and use this even when surfing as there are several computers in the home sharing the link and thus each is absorbing some of the bandwidth.
  18. That can remove her sick pay. They are only obliged to pay her SSP if they have claimed it (this is actually what the doctor's certificate is for) Unless it is in her T&C that she is entitled to be paid as normal for being signed off sick - some employers do continue to pay standard basic salary but they are not obliged to. Mine for instance, like most will only pay a maximum number of weeks. One ray of light is that if her employers claim SSP for the whole period - including the time she is supposed to be on holiday, then they are committing fraud unless they give her the holiday back.
  19. Well, I for one, would go with POCA on this as Analogue_Rogue is erroneous in his post anyway. The RTA does not, in any way, shape or form authorise parking attendants to issued FPNs. They can only issue PCNs (Penalty Charge Notice); only police or traffic wardens can issue FPNs for parking (and parking attendants are not traffic wardens). The RTA does not cover private parking - why else do these private companiies have to use contract law in their vain attempts to get there money.
  20. Which is what lookforinfo was suggesting him (her)self
  21. No, A subject access request needs to be in writing. You're right a SAR is made under section 7 of the Data Protection Act. The maximum fee for a SAR is £10 and many companies do it for nothing - but it is usually £10 well spent (and you can always add it to your claim anyway)
  22. But you should also remember that in such a coming together, the pedestrian will always lose. "He had Right of Way" is no good to you if it's written on your tombstone
  23. Just where did you get this ticket? Does it state that it is a Penalty Charge Notice and does it refer specifically to the Road Traffic Act 1991? Euro Car Parks tend to issue private tickets on private land at that is a whole different ball game. (and the dates issue would be totally irrelevant in such a case)
  24. The school to not have the right to arbitrarily ban foodstuffs from lunchboxes. Then can do this after consultation with parents, or for new starters. In which case, such a ban must be clearly stated within the school rules and/or home-schooll agreement. IOW, by sending your child there, you agree to abide by the rules. 'Confiscated' items should be returned to the child or parent; usually at the end of the school day. If you are permanently deprived of them, then this is theft. Two questions to ask: If a child is deemed to have a lunch that is all 'banned' items, are they left to starve at lunchtime? Are all these 'banned' items also banned from the staffroom?
  25. I agree that if you break the law, you should pay the fine. However, the law cuts both ways. The authorities have to abide by the law in how they create, sign, mark amd enforce parking restrictions. If they cannot work to the letter of the law, then any resulting ticket is void and not payable.
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