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    • Today has been hectic so  have been unable to complete the whole thing. If you now understand it and want to go ahead with a complaint to the IPC, fine. If not then I won't need to finish it. But below is my response to your request  on post 64. No you don't seem stupid, the Protection of Freedoms Act isn't easy to get one 's head around at first. The part of the above Act referring to private parking is contained within Schedule 4 which you can find online under the Protection of Freedoms Act 2012. Section 9 of SCH.4 relates to how the parking scrotes have to perform so that they can transfer their right to pursue the keeper from the driver when the PCN is still unpaid after a certain amount of time. In your case the PCN was posted to you the keeper and arrived within 14 days from when they claimed a breach occurred. That means they complied with first part of the Act. The driver at that time was still responsible to pay the charge demanded on the PCN and PCM now have to wait for 28 days to elapse before they can write and advise the keeper that as the charge has not been paid, that they now have the right to pursue the keeper. They claim they sent the first PCN on the 13th March, five days after the alleged breach and it arrived on Friday 15th March. So to comply with the Act they have to observe Section 8 subsection 2f   (f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given— (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and (ii)the creditor does not know both the name of the driver and a current address for service for the driver, the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid. ---------------------------------------------------------------------------------------------------------------------------------------------So the first PCN was deemed to arrive on the 15th March and for 28 days to have elapsed is when the time is right for them to write and say you are now liable as keeper. So they sent the next PCN on the 12th April which is too early as you could still have paid until midnight of the 12th. So the earliest their second PCN should have gone to you was  Saturday 13th April so more likely on Monday 15th April. The IPC Code of Conduct states "Operators must be aware of their legal obligations and implement the relevant legislation and guidance when operating their businesses." So by issuing your demand a day early, they have broken the Act, the IPC Code of Conduct, the DVLA agreement  to abide by the law and the Code of Conduct not to mention a possible breach of your GDPR .   I asked the IPC  in the letter on an earlier to confirm that  CPMs Notice misrepresenting the law was a standard practice for all of PCMs Notices or just certain ones. Their distribution  may depend on when they were issued and whether they were issued in certain localities or for certain breaches. Whichever method used is a serious breach of the Law and could lead to PCM being black listed by the DVLA . One would expect that after that even if the IPC did not cancel your ticket, PCM could not risk going to Court with you nor even pursuing you any further.
    • thanks jk2054 - do you know any law i can quote (regarding timeframe) when sending the email as if i cant they'll probably just say no like the normal staff have done? thanks.
    • I lived there with her up until I gave notice. She took over the tenancy in her name. I had a letter from the council and a refund of the council tax for 1 month.    She took on the bills and tenancy and only paid the rent. No utility bills or council tax were paid once she took it over. She will continue to not pay bills in her new house which I'm now having to pay or will have to. I have looked online I believe the police and solicitors are going by the partner law to make me liable.   I have always paid my bills and ensured her half was paid then see how much free money is over.   She spends all her money on payday loans and rubbish then panics about the rent. I usually end up paying it or having to get her a loan.   Stupidly in my name but at the time it was because she was my partner. I even paid to move her and clean and decorate her old house so she got the deposit back. It cost me £3000 due to the mess she always leaves behind.
    • Paula Venomous refused to resign for 16 months and eventually did only because a doctor threatened to resign. Interesting snippets and insights in the article. Paula Vennells clung on to ‘plum’ NHS role after Horizon scandal ARCHIVE.PH archived 19 May 2024 21:49:07 UTC  
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    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Corresponding with PPCs


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I always send any important post either special or recorded delivery - you get proof that way of receipt.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Would you send replies to PPCs recorded? The proson, I am looking into the for is literally watching their pennies. My only concern is, knowing the lying [problem] we up against, PPC will just deny ever receiving it. Cheers in advance!

waste of time stamp money they will just ignore it

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No, it's not a waste because if you ever need to prove anything in court, you would have the receipt.

 

It is always important to have a paper trail and to be able to show documents were received, whether they are ignored or not.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thank you. Now, just noticed the sneaky b****rds only gave a PO Box address on their invoice - registered or recorded will not be accepted by Post Offic if it's a PO Box address. Need to find where this PPC is actually based and send it to their actual office.

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They can - although they need to be collected with a set time.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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In any subsequent Court action the Judge would only look to confirm that the Plaintiff had made reasonable attempts to contact the Defendant and given notice before any Court action. The Defendant is not obliged to reply to unsolicited demands for payment before any Court Hearing.

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as i said no point wasting your money you cannot be forced to pay an unenforceable invioce fact.the only thing you owe them is for there loss.which if its a free car park its zero if its a 1.00 a hour and you overstay a hour or do not pay for the hour you are there you owe them a 1.00.anything else is a penalty. NOT ALLOWED IN CONTRACT LAW checkout legal petes sticker its all there

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It is a free shopping centre car park. The person's car wheel was over parking box line. It is a total [problem], I checked their signage and in my opinion it is designed NOT to be visible, but that's a longer argument then the one I am pusuing. I want help that person to get out of it as they take it a bit more serious rather then for what it is - Dutch lottery, so popular in the 90's.

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Up to your friend, of course, but I've found it prudent to always ensure i can back up everything.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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as i said no point wasting your money you cannot be forced to pay an unenforceable invioce fact.the only thing you owe them is for there loss.which if its a free car park its zero if its a 1.00 a hour and you overstay a hour or do not pay for the hour you are there you owe them a 1.00.anything else is a penalty. NOT ALLOWED IN CONTRACT LAW checkout legal petes sticker its all there

 

Untrue, they can also claim enforcement costs and consequential losses.

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Would you send replies to PPCs recorded? The proson, I am looking into the for is literally watching their pennies. My only concern is, knowing the lying [problem] we up against, PPC will just deny ever receiving it. Cheers in advance!

 

Personally I would not entertain PPC's with any corrispondance other that of answering to a bonified court summonds for the following reasons:

 

1) They have written to you as the RK and not the driver - their first failure in their attempt to prove a contract exists.

 

2) None of the corrispondance they send are recorded and therefore they have no proof of delivery to show a court.

 

3) By responding, you only prove that you exist and simply encorages them to persue you more.

 

4) The game they play, is that of intimidation - no corrispondance from them is designed to correct an incorrectly issues invoice - their only agender is to extract as much money as possible form you with the least amount effort - sending threatening letters serves this purpous excellently!

 

5) In entering into a 'dialogue' with these types only adds to a very stressful situation - ignoring is by far an easier and less stressful option in my view.

 

As a last point - if I ever (and I'm quite looking forward to it in a funny way) go to court to face a PPC - I will be delivering by hand to the PPC, in front of the Judge, a letter. It will be along the lines of the following:

 

By reading this letter you agree to enter into a contract with me and agree to pay me immediatly the sum of £10000 in compensation of all the stress and anguish caused by these proceeding. The sum of £10000 will allow me to take a very nice luxury holiday where I can relax and forget about everything your company has put me through over the last 'XX' months in alledging that a contract existed between me as the RK and the landowner and having suffered continued harrasment in your relentless persuit of monies alledgedly owed.

 

This I think sums up well the question of contract law that the PPC's are reliant on in winning any case in court.

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Personally I would not entertain PPC's with any corrispondance other that of answering to a bonified court summonds for the following reasons:

 

1) They have written to you as the RK and not the driver - their first failure in their attempt to prove a contract exists.

 

2) None of the corrispondance they send are recorded and therefore they have no proof of delivery to show a court.

 

3) By responding, you only prove that you exist and simply encorages them to persue you more.

 

4) The game they play, is that of intimidation - no corrispondance from them is designed to correct an incorrectly issues invoice - their only agender is to extract as much money as possible form you with the least amount effort - sending threatening letters serves this purpous excellently!

 

5) In entering into a 'dialogue' with these types only adds to a very stressful situation - ignoring is by far an easier and less stressful option in my view.

 

As a last point - if I ever (and I'm quite looking forward to it in a funny way) go to court to face a PPC - I will be delivering by hand to the PPC, in front of the Judge, a letter. It will be along the lines of the following:

 

By reading this letter you agree to enter into a contract with me and agree to pay me immediatly the sum of £10000 in compensation of all the stress and anguish caused by these proceeding. The sum of £10000 will allow me to take a very nice luxury holiday where I can relax and forget about everything your company has put me through over the last 'XX' months in alledging that a contract existed between me as the RK and the landowner and having suffered continued harrasment in your relentless persuit of monies alledgedly owed.

 

This I think sums up well the question of contract law that the PPC's are reliant on in winning any case in court.

thanyou im glad someone else knows how there [problem] works
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Personally I would not entertain PPC's with any corrispondance other that of answering to a bonified court summonds for the following reasons:

 

1) They have written to you as the RK and not the driver - their first failure in their attempt to prove a contract exists.

 

2) None of the corrispondance they send are recorded and therefore they have no proof of delivery to show a court.

 

3) By responding, you only prove that you exist and simply encorages them to persue you more.

 

4) The game they play, is that of intimidation - no corrispondance from them is designed to correct an incorrectly issues invoice - their only agender is to extract as much money as possible form you with the least amount effort - sending threatening letters serves this purpous excellently!

 

5) In entering into a 'dialogue' with these types only adds to a very stressful situation - ignoring is by far an easier and less stressful option in my view.

 

As a last point - if I ever (and I'm quite looking forward to it in a funny way) go to court to face a PPC - I will be delivering by hand to the PPC, in front of the Judge, a letter. It will be along the lines of the following:

 

By reading this letter you agree to enter into a contract with me and agree to pay me immediatly the sum of £10000 in compensation of all the stress and anguish caused by these proceeding. The sum of £10000 will allow me to take a very nice luxury holiday where I can relax and forget about everything your company has put me through over the last 'XX' months in alledging that a contract existed between me as the RK and the landowner and having suffered continued harrasment in your relentless persuit of monies alledgedly owed.

 

This I think sums up well the question of contract law that the PPC's are reliant on in winning any case in court.

 

 

Up to you but personally I think that your approach will undermine your position.

 

The template letters in the stickies have been carefully crafted to seek information which the PPC will need to produce in court to substantiate their claim.

 

To my knowledge no one using these templates has had this information provided to them.

 

The templates are also designed to show that a reasonable approach has been taken in the matter. Following them will mean that the motorist remains in control and stress can be minimised.

 

There is a disadvantage in them that the motorist could be regarded as a "fish on the hook" but that is where the "cease and desist" letter comes in. In my view the benefits of using the templates outweigh the disadvantages.

********************************************

Nothing in this post constitutes "advice" which I may not, in any event, be qualified to provide.

The only interpretation permitted on this post (or any others I may have made) is that this is what I would personally consider doing in the circumstances discussed. Each and every reader of this post or any other I may have made must take responsibility for forming their own view and making their own decision.

I receive an unwieldy number of private messages. I am happy to respond to messages posted on open forum but am unable to respond to private messages, seeking advice, when the substance of that message should properly be on the open forum.

Many thanks for your assistance and understanding on this.

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I would concur - I would never advise ignoring this sort of thing because you never know when that could bite you on the bum - always better to be able to prove you acted decently.

All help is merely my opinion only - please seek legal advice if you need to as I am only qualified in SEN law.

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Thank you. Now, just noticed the sneaky b****rds only gave a PO Box address on their invoice - registered or recorded will not be accepted by Post Offic if it's a PO Box address. Need to find where this PPC is actually based and send it to their actual office.

 

Remember that PO Boxes are not confidential. The Post Office should give you the name and address of the Box holder

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I'm with Bernie on this one [most of the time], using the templates does give added protection [it's more fun as well]. The only proviso is that there are certain companies which are just so unreasonable that ignoring does not add any significant risk.

 

UK PAO & UKCPS spring to mind, they both try to insist that adding £3 / day to a £60 charge is a reasonable thing to do, "liquidated damages" they call it. When a company does something so blatantly indefensible from the off, the normal precautions are simply not necessary.

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