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    • Letter from court is asking that I submit to the court and the other party no later than 14 days ahead of the hearing  a "witness statement?" I assume this will give more detail than the original defence I filed?   It states I must:   Start with name of the case and claim number Full name and adress of witness Set out witness evidence clearly in numbered paragraphs on numbered pages End with this paragraph "I beleive that the facts stated in this witness statement are true." be signed by the witness and dated    
    • Thank you. You shouldn't be claiming for the return of half the money. If you are claiming on the basis that this is an unenforceable penalty or an unenforceable unfair term, then the entire term of the contract. The void and unenforceable and there is no power in the courts to make an apportionment.  Therefore your claim must be for the entire £450. Personally I wouldn't allow them to get away with any unfairness. I'm extremely dubious about the other term which apparently allows them to take ownership of the dog if it is not collected within 14 days. They are only entitled to recover any administrative expenses caused by any breach – assuming that the breach is yours. Have you asked them to account for the £450 and to explain why this might amount to their administrative expenses? Of course it can't possibly do because as that is the full cost of keeping the dog then there must be a margin included in the £450 which represents their profit – otherwise there would be no point in them running the business. Of course, if the breach is theirs then they would have to return the £450 to you plus any other losses that they had caused you. For instance, if your daughter had been put to any loss which you had to reimburse her for then it might be reasonable for you to claim that as well. Let us know. Have you send them a letter of claim yet? If you want to be super-nice then you might offer them a small sum by way of administrative expenses as an alternative to forcing you into legal action. I would suggest no more than 70 quid – but I think first of all I would invite them to account for the £450 and explain why they say it equals their administrative expenses. I don't expect that you will get any reasonable answer and they will simply say that it is in their terms and conditions – but at least you will have something in writing from yourself – and then from them to show firstly that you have tried to be reasonable about your approaches to them and secondly that they are merely relying on terms and conditions and it has nothing to do with administrative losses  
    • Hi All,   I have recently received the  Letter Before Claim from Gladstones Solicitors,   I have previously appealled original PCN with One Parking Solution and  POPLA to no avail, despite my vehicle being recorded on the site 1-2 minute to turn around there and 3 minutes stopped at the entrance (not parked) so 5 minutes in total having pulled off the public highway momentarily. Not to park as advised to this rather nefarious company!   Would welcome the advice on what to do next please, Thanks in advance,   RATPCN  
    • I would suggest that you call UC and request mandatory reconsideration (MR) of the decision to pay the LCWRA arrears to DWP debt management towards this disputed Housing Benefit debt.   They cannot refuse the MR request.   Reasons for MR.   1) Housing Benefit debt is disputed and subject to Court Tribunal process.    2) The DWP decision makers letter to award the LCWRA does not mention any decision to pay arrears towards debts. UC are therefore making a decision, without informing of any legal rights they might have to act in this way.    When you make the MR request, ask to submit further evidence within the 30 days allowed. Then send copies of any dispute about the debt.   You could also contact the Council to see if they are happy for health related award money from DWP being paid to them. Send a complaint to Council that you are not happy with this.    
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alexRs

PCN number not recognised when I go to pay online...

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I recently received a PCN at a NCP car park for not displaying a ticket. Monday just gone, I arrived at the station car park where I tried two of the pay and display machines to find out that they were out of order. I wasn't prepared to go running from machine to machine in the torrential rain that we've had and to then miss my train. The car park is the biggest one on the TFL network too, so needless to say the machines are far apart. It was probably stubborn of me to not bother to get a ticket but I park there nigh on every day and for two machines to be out I assumed that the others were too also out of order...

 

Anyway, I get my lovely white PCN but was really annoyed that the fine was £50 if paid within 28 days, there wasn't even an option for settling in 14 days for £25. I logged on to NCP's fee paying website, put it the PCN number along with my registration number and it said that the PCN number could not be found. I have tried every day since I received this fine but it still says that it can not be found. Do you reckon I could get away with not paying this fine given that the ticket can not be found?

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I recently received a PCN at a NCP car park for not displaying a ticket. Monday just gone, I arrived at the station car park where I tried two of the pay and display machines to find out that they were out of order. I wasn't prepared to go running from machine to machine in the torrential rain that we've had and to then miss my train. The car park is the biggest one on the TFL network too, so needless to say the machines are far apart. It was probably stubborn of me to not bother to get a ticket but I park there nigh on every day and for two machines to be out I assumed that the others were too also out of order...

 

Anyway, I get my lovely white PCN but was really annoyed that the fine was £50 if paid within 28 days, there wasn't even an option for settling in 14 days for £25. I logged on to NCP's fee paying website, put it the PCN number along with my registration number and it said that the PCN number could not be found. I have tried every day since I received this fine but it still says that it can not be found. Do you reckon I could get away with not paying this fine given that the ticket can not be found?

 

Is this a 'proper' PCN or a parking charge? Who is it issued on behalf of a local council/ Tfl or NCP themselves?

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NCP, does this make a difference then?

 

website they tell me to pay via:

 

www.ncp.co.uk/pcn

 

I was going to ring them up and give a false car reg just to see if it's the car reg which they might've got wrong or whether ticket has just simply not been put on their system?

Edited by alexRs

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If its not an official PCN issued under the Traffic Management Act 2004 its just an invoice which is unenforceable as NCP does not know who parked the car. You need to read the threads at the top of the board regarding 'private parking tickets'.

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Ok, thanks, I will have a look... My ticket states that the site is operated in accordance with the Railway Byelaws, more specifically byelaw 14 thus I assume it's not an invoice and IS enforceable?

 

Regardless of the aforementioned though, the fact that my ticket can not be found and I wonder, if through error of theirs, that they have mistyped my reg and/or PCN number meaning that I can not pay it online.

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Ok, thanks, I will have a look... My ticket states that the site is operated in accordance with the Railway Byelaws, more specifically byelaw 14 thus I assume it's not an invoice and IS enforceable?

 

Regardless of the aforementioned though, the fact that my ticket can not be found and I wonder, if through error of theirs, that they have mistyped my reg and/or PCN number meaning that I can not pay it online.

 

If its a byelaw penalty charge then it may be enforceable but I have never heard of anyone being made to pay one if they ignore the letters sent. There are several threads on here from other people with NCP railway tickets if you use search you should find them.

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Ok, thanks, I will have a look... My ticket states that the site is operated in accordance with the Railway Byelaws, more specifically byelaw 14 thus I assume it's not an invoice and IS enforceable?

 

 

The vast majority of parking tickets issued "claiming" to be under railways byelaw 14 are nothing more than standard PPC scamvoices.

 

If you can post a copy of it on here after removing your personal details then it can be checked as to whether it is the genuine article or not.

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Every NCP 'Byelaw' ticket we have seen has in fact been a PPC ticket falsely claiming statutory powers. real Byelaw tickets go to magistrate's court but the NCP ones talk about a civil claim - thats the big giveaway. their website is immaterial, .

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Every NCP 'Byelaw' ticket we have seen has in fact been a PPC ticket falsely claiming statutory powers. real Byelaw tickets go to magistrate's court but the NCP ones talk about a civil claim - thats the big giveaway. their website is immaterial, .

 

The bylelaw gives the rail company the authority to issue civil penalties only criminal offences go to Court.

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real Railway Byelaw tickets go through magistrate's court for enforcement. See Schedule 20 of the 200 Transport Act. "2. Bye-laws may provide that any person contravening them is guilty of an offence and liable on summary conviction to a fine of an amount not exceeding— (a) level 3 on the standard scale, or (b) such lower amount as is specified in the bye-laws, for each offence."

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