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    • just to be clear here..... the DVLA do not send letters if a drivers licence address differs from any car's V5C that shows the same driver as it's registered keeper.
    • sorry she is a private individual, the cars are parking on her land. she can clamp the cars. only firms were outlawed from doing it bazza. thats what the victims of people dumping cars on their drives near airports did and they didn't not get prosecuted.    
    • The DVLA keeps two records of you. One as a driver and one for your car. If they differ you might find out in around a month when they will send you a reminder as well as to your other half for their car. If you receive nothing then you can be fairly sure that you were tailgating though wouldn't explain why they didn't pick up your car on one of drive past their cameras. However even if you do get a PCN later then your situation will not change. The current PCN does not comply with the Protection of Freedoms Act 2012 Schedule 4 which is the main law that covers private parking. It doesn't comply for two reasons. 1. Section 9 [2][a] states  (2)The notice must— (a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates; The PCN states 47 minutes which are the arrival and departure times not the time you were actually parked. if you subtract the time you took to drive from the entrance. look for a parking place  park in it perhaps having to manoeuvre a couple of times to fit within the lines and unload the children reloading the children getting seat belts on  driving to the exit stopping for cars pedestrians on the way you may well find that the actual time you were parked was quite likely to be around ten minutes over the required time.  Motorists are allowed a MINIMUM of ten minutes Grace period [something that the rogues in the parking industry conveniently forget-the word minimum] . So it could be that you did not overstay. 2] Sectio9 [2][f]  (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; Your PCN does not include the words in brackets and in 2a the Act included the word "must". Another fail. What those failures mean is that MET cannot transfer the liability to pay the charge from the driver to the keeper. Only the driver is now liable which is why we recommend our members not to appeal. It is so easy to reveal who was driving by saying "when I parked the car" than "when the driver parked the car".  As long as they don't know who was driving they have little chance of winning in court. This is partly because Courts do not accept that the driver and the keeper are the same person. And because anyone with a valid motor insurance policy is able to drive your cars. It is a shame that you are too far away to get photos of the car park signage. It is often poor and quite often the parking rogues lose in Court on their poor signage alone. I hope hat you can now relax and not panic about the PCN. You will receive many letters from Met, their unregulated debt collectors and sixth rate solicitors threatening you with ever higher amounts of money. The poor dears have never read the Act which states quite clearly that the maximum sum that can be charged is the amount on the signs. The Act has only been in force for 12 years so it may take a  few more years for the penny to drop.  You can safely ignore everything they send you unless or until they send you a Letter of Claim. Just come back to us if they do send one of those love letters to you and we will advise on a snotty letter to send them. In the meantime go on and enjoy your life. Continue reading other threads and if you do get any worrying letters let us know. 
    • Hopefully the ANPR cameras didn't pick up the two vehicles, but I don't think you're out of the woods just yet. MET's "work" consists of sending out hundreds of these invoices every week so yours might be a few days behind your partner's. There is also the matter of Royal Mail.  I once sold two second-hand books to someone on eBay.  Weirdly the cost of sending them separately was less than the cost of sending them in one parcel.  So to save a few bob I sent them seperately.  One turned up the next day.  One arrived after four days.  They were  sent from the same post office at the same time! But let's hope I'm being too pessimistic. Please update us of any developments.
    • New version after LFI's superb analysis of the contract. Sorry, but you need to redo the numbering of the paras and of the exhibits in the right order after all the damage I've caused! Defendant's WS - version 4.pdf
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I couldn't find a suitable forum to post this, so figured here was best. i hope someone can help out.

 

a friend of ours has 3 lovely rotweillers. 2 bitches and a boy. the bot got to the 2 bitches and before long she ended up with 22 pups. not too much of a problem, until she had their tails docked.

 

this was done for whatever reasons, and i don't wish to open up a debate on the rights and wrongs of tail docking. that could go on for ever.

 

but she ended up in court, was found guilty and fined £3000 + £11,000 costs.

as you can see, the costs awarded to the rspca are horrific.

the thing is, the courts have only given her 14 days to find the FULL £14,000.

 

is there any way that she can appeal the cost or get time to pay. this is causing loads of friction in her house. they could re mortgage, but now isn't the best time to be doing that.

 

the courts have have shown blank refusal to listen to her pleas. we could really do with some letters or web links to show to her and help her out a bit.

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Guest Old_andrew2018

Hi

On a moral point of view I am opposed to docking, however being asked to find £14.000 I feel is unfair she should try to arrange payment plan.

You could look to the HMCS Her Majesty Court Service web site, I hope you find some help,

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I am terrified of Rottweilers. I wasn't aware that you couldn't dock the tails, as all the ones I see have been docked. Or was it the way it was done?

 

Anyway, I am bumping up your post in the hope that someone can help.

BANK CHARGES

Nat West Bus Acct £1750 reclaim - WON

 

LTSB Bus Acct £1650 charges w/o against o/s balance - WON

 

Halifax Pers Acct £1650 charges taken from benefits - WON

 

Others

 

GE Money sec loan - £1900 in charges - settlement agreed

GE Money sec loan - ERC of £2.5K valid for 15 years - on standby

FirstPlus - missold PPI of £20K for friends - WON

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  • 1 month later...

Evening

 

Did you get any help with this?

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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in the end she remortgaged and paid the fine.

she was found guilty of docking the tails on 3 puppies. fined £3000 and had to pay costs of £11,000.

thankfully they didn't ban her from keeping animals. bear in mind tho, that it was her vet that did the docking because she believed it was still legal in wales. it isn't. i told her to get some of the fine/costs from the vet in question, but she decided to pay up and be done with it.

 

there's going to be a lot of dogs with broken tails soon. how stupid to ban something that is done to prevent such things.

 

i guess from your username that you also have an interest in dogs. do you have an opinion on docking?

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I'd like to say that i have had quite a few dogs over the years

No tail docking, no broken tails ever

Totally unnecessary in my opinion

 

 

 

 

Can i ask why she had 3 out of 22 docked?

If it was asked for by the client then i'd be looking to them to cough up some cash

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Can i ask why she had 3 out of 22 docked?

 

my first thoughts too :confused:

why were the RSPCA involved in the first place? they have no more rights than a DCA with regards to being on or entering your property unless accompanied my an officer of the law

 

honey x

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in the end she remortgaged and paid the fine.

she was found guilty of docking the tails on 3 puppies. fined £3000 and had to pay costs of £11,000.

thankfully they didn't ban her from keeping animals. bear in mind tho, that it was her vet that did the docking because she believed it was still legal in wales. it isn't. i told her to get some of the fine/costs from the vet in question, but she decided to pay up and be done with it.

 

there's going to be a lot of dogs with broken tails soon. how stupid to ban something that is done to prevent such things.

 

i guess from your username that you also have an interest in dogs. do you have an opinion on docking?

 

Good morning.

Yes to both questions, I breed and rescue border terriers and have 14 at the moment luckily I have the space to accommodate them (13, one has been re-homed today) but my bed is far too small, me, small boy, wife and all the dogs that can fit.

As to docking, well, I’m pretty smug because borders have never been docked so I don’t have to slide off my moral fence. It goes something like this: I understand why it was done historically when the dogs were used for purpose, worked that is, and I understand that a working dog can still be docked with the appropriate authority.

A tail however is one of the most useful tools for communication with dogs and so I have always thought that docking puts the docked dog at a disadvantage. I also find that dogs which have been historically docked look odd with a tail, Rotties for example, but amputating anything for cosmetic purposes is a moral quagmire.

Not very clear about this am I but I feel that as long as we use animals for human advantage and recreation (intensive chicken farming, killing bull calves in dairy herds, horse and dog racing etc. etc.) selecting one aspect of human interaction with animals and drafting legislation to enforce the will of a few activists seems to me to be pandering to the chattering classes and attracting votes than about animal welfare.

I’m sorry about your sister, I do know a lawyer who specialises in this area and I was going to give you his details, but never mind.

Dogs

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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I know precious little about animal welfare law, but what seems to have happened here is that the dog owner has taken 3 dogs to a vet with a request that the vet carry out a surgical procedure to which the vet agreed. Only the surgical procedure carried out was a prohibited procedure.

 

It seems to me the vet is way more culpable than the dog owner:

[1] The vet did it

[2] The vet charged and received money for doing it in the course of his or her profession

[3] The vet operating in the course of his or her profession can be presumed to know whether the procedure he or she is asked to perform is lawful or not and where he or she is asked to carry out an unlawful procedure, the vet should decline.

[4] The commissioning of the offence by the dog owner is entirely dependent upon the action of the vet.

 

So why were no charges brought against the vet? Seems peculiar to me. On this basis, if I go to my doctor and ask him to administer a drug to my child (where unbeknown to me the drug is illegal) and he does, I'm in the firing line, not him. Eh?

 

x20

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Good afternoon/evening.

You have a point SAX20 but we don’t know that the vet wasn’t charged and we don’t know if the three were just specimen charges.

We might yet be enlightened.

Dogs

I do very little but I do it very, very well :cool:

 

If I've helped give my scales a click

:smile:

 

I have no legal experience and all advice given is based on the knowledge I've gained from this site.

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The OP might not want a debate about the rights and wrongs of tail docking fair enough, but I think some 'facts' need correcting.

 

Tail docking is done for aesthetic reasons only (other than for specific breeds of working dog), to say it is done to prevent broken tails is simply not true. My OH is a vet nurse of 13 years and has never seen a single broken tail in a domestic pet dog or has heard of one.

 

Any vet who docks tails knows full well what they are doing and that it is explicitly banned by the RCVS and legislation other than for the exemptions provided for in the animal welfare act and the the docking of working dogs tails legislation. Strangley enough, Rotis are not covered by the exemptions. The suggestion that the vet did not know this (or indeed the OP's friend) is frankly laughable. Its like suggesting that a Traffic Officer did not know the speed limit was 70mph when caught speeding at 110mph! The vet should be reported and charged and stopped practicing.

 

I also had a wry smile at the bit about the apparent suprise at the sudden emergence of the 22 puppies! Quick lesson, girls+boys=puppies!

 

But I do have a solution, sell the 22 puppies (that was the original idea wasn't it!) average pedigree say around £500 each and you have £11,000 to go towards the costs and fine. If there's any change you could always have the bitch spayed.:rolleyes:

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