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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times. ×


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    • Reapstar
      SAR distress claim against Parking Eye

      By Reapstar · Posted

      What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • lookinforinfo
      EPC ANPR PCN - St Nicholas Street, Weymouth DT4 8AD

      By lookinforinfo · Posted

      I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • dx100uk
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By dx100uk · Posted

      please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • lookinforinfo
      G24 anpr PCN - Double Dipping - Wigan Robin Retail Park

      By lookinforinfo · Posted

      he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • FTMDave
      One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.

      By FTMDave · Posted

      Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.

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Parcel delivery insurance is prohibited under section 57 – Consumer Rights Act – Read about It Here and in The Times.

Pcn / bus lane / not received

BARFLY
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BARFLY

BARFLY

Posted
Posted

Hi,

 

I'm more used to posting in the debt collection forum, but I've just received a Charge Certificate from Liverpool City Council and need a little advice.

 

Basically, it gives me 14 days to pay £90 or else go to County Court. It states that I have received a bus lane Penalty Charge Notice and failed to repsond to it and therefore they have increased the penalty by 50% to £90. After looking on their website it seems that the first penalty would have been £60, but would have been reduced to £30 if paid within 14 days. It also seems that I have no right of appeal in that I have not responded to the PCN within 28 days! I did not receive the PCN in the first place! Where do I go from here? Do they have to provide proof of postage or delivery? It just smacks of a money making [problem] fo the council otherwise...

 

 

 

thanks

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diskmandave

diskmandave

Posted
Posted

A bus lane PCN would be sent through the post to the Registered Keeper,

If ignored, a Notice to Owner would be sent to the Registered Keeper, if this

is ignored you are at the Charge Certificate stage. So, what you are saying is

that you didn't receive either??

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BARFLY

BARFLY

Posted
  • Author
Posted

Thanks, Dave.

 

I haven't received either of them. Just the one today. That's what's infuriating. Had I received either of the first two I would have responded to them. From dealing with various creditors for the past few years I know that burying your head in the sand is the last thing to do. What's more, I know I was in the bus lane at the time specified so I definately would have responded. After googling this it seems that it's pretty common from LCC, but I still haven't found any advice on whether or not they have to proof they have sent the first letters. Can I send them a SAR? Would that disclose when they say they sent the first letters and provide copies of the letters?

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cream70

cream70

Posted
Posted

Sit tight and wait for the order of recovery.

Then fill in the statutory declaration ticking

the box "I did not receive the penalty charge notice"

Because it is a moving traffic offence, your statutory declaration

will have to be witnessed and counter-signed by a solicitor or a

court officer from a county court(for free)

The order of recovery and charge certificate will then be revoked and

the council will probably reissue the PCN.

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BARFLY

BARFLY

Posted
  • Author
Posted

Thanks for the advice, Cream. I'll then pay be able to the £30 within fourteen days. In that I was in the bus lane that's not a problem. But £90! it's strange when you google this that the it's always the original PCN that seems to go missing and not the £90 Charge Order! I think this is a [problem] by LCC to charge £90 for violations...:-x

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  • 1 month later...
Daviek

Daviek

Posted
Posted

Hi

I was reading your messages and exactly the same has happened to me with LCC my son was driving in Liverpool got lost I got pcn but 1st one never came they said increased to £90 for not paying what has happened with your case

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  • 6 years later...
sherif

sherif

Posted
Posted

I am also on same problem . Suddenly received Charge Certificate to pay £90.00 . Never received any fines prior to this. This must be addressed by the councils to find solution.

I am wiling to challenge this in court

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sgtbush

sgtbush

Posted
Posted
I am also on same problem . Suddenly received Charge Certificate to pay £90.00 . Never received any fines prior to this. This must be addressed by the councils to find solution.

I am wiling to challenge this in court

 

 

You would need to challenge tho at a judicial review as the interpretations act covers this.

It would cost you 100's of thousands of pounds.

Have you the cash to fund it?

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DragonFly1967

DragonFly1967

Posted
Posted

Thread moved to the correct forum.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Gick

Gick

Posted
Posted

Dragonfly, just wondering why you have moved a local authority Penalty Charge Notice for bus lane violation to the Private Parking forum?

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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DragonFly1967

DragonFly1967

Posted
Posted
Dragonfly, just wondering why you have moved a local authority Penalty Charge Notice for bus lane violation to the Private Parking forum?

 

I didn't. For some reason that's where it was :| so moved it to local authority P&T.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Gick

Gick

Posted
Posted

Hb

 

:-)

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Gick

Gick

Posted
Posted

HB

 

I looked in the PPC forum and read the the posts from Sherif, you, Sgt Bush and Dragonfly, hence my query of DF. For some reason he seems to think that he moved it from PPC to Local authority whereas it appeared to be the reverse.. You gave a possible explanation to which I replied with a smile. (After all you are worth it)

 

The thread is still on the PPC forum but if you scroll down it at some stage slips over into Local Authority, so I guess it is a quirk of the forum!!

 

I think I will go back to sleep.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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DragonFly1967

DragonFly1967

Posted
Posted

When those posts were made this morning, the thread was indeed in the PPC forum area. I don't know why, but I think HB has covered that.

 

I moved it to the local authority forum area (leaving a 1 day redirect in the PPC area (so that the first poster from today could find it)), and then posted that I'd moved the thread to this, the correct area.

 

I had to double check it at the time too, as I'm reduced to using my phone at the moment, and small buttons with big fingers don't always go well together. :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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Gick

Gick

Posted
Posted

DF

Throw in arthritis and I know the problem!

 

Thanks for post, was beginning to think that dementia was catching up with me. :oops:

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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