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    • next time dont upload 19 single page pdfs use the sites listed on upload to merge them into one multipage pdf.. we aint got all day to download load single page files 2024-01-15 DBCLegal SAR.pdf
    • If you have not kept the original PCN you can always send an SAR to Excel and they have to send you all the info they have on you within a month. failure to do so can lead to you being able to sue them for their failure.......................................nice irony.
    • Thank you and well done  for posting up all those notices it must have have taken you ages.. The entrance sign is very helpful since the headline states                    FREE PARKING FOR CUSTOMERS ONLY in capitals with not time limit mentioned. Underneath and not in capitals they then give the actual times of parking which would not be possible to read when driving into the car park unless you actually stopped and read them. Very unlikely especially arriving at 5.30 pm with possibly other cars behind. On top of that the Notice goes on to say that the terms and conditions are inside the car park so the entrance sign cannot offer a contract it is merely an offer to treat. Inside the car park the signs are mostly too high up and the font size too small to be able to read much of their signs. DCBL have not shown a single sign that can be read on their SAR. Although as they show photographs which were taken the year after your alleged breach we do not know what the signs were when you were there. For instance the new signs showed the charge was then £100 whereas your PCN was for £85. Who knows, when you were there perhaps the time was for 3 hours. They were asked to produce  planning permission which would have been necessary for the ANPR cameras alone and didn't do so. Nor did they provide a copy of the contract-DCBL  "deeming them disproportionate or not relevant to the substantive issues in the dispute" How arrogant and untruthful is that? The contract and planning permission could be vital to having the claim thrown out. I can find no trace of planning permission for the signs nor the cameras on Tonbridge Council planning portal. and the contract of course is highly relevant since some contracts advise the parking rouges that they cannot take motorists to Court. I understand that Europarks are now running that car park which means that nexus didn't  last long before being thrown out.....................................
    • Hi,   I am not sure if I posted this already here but I don't think I did. I attach a judgement that raises very interesting points IMO. Essentially EVRi did their usual non attendance that we normally see, however the judge (for the first time I've seen in these threads) dismissed the notice and awarded me judgement by default because their notice misses the "confirmation of compliance" paragraph. in and out in 3 minutes (aside from the chat at the end with the judge about his problems with evri) Redacted - evri CPR loss.pdf
    • Just to update this. I did apply to strikeout and they did not attend the hearing. I won by defualt and the hearing lasted 5 minutes (court only allocated 15). The judge simply explained that the only matter he was really considering is if the Defendant could have any oral evidence to defend the claim. However he said he had decided that based on their defence, and their misunderstanding of law, and their non attendence he did not think they had any reasonsable chance so he awarded me SJ + Costs on the claim form + the strikeout fee. Luckily when I sent the defendant the order I woke up the next day to a wire trasnfer for the full sum of the judgement
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taken to court by CPS parking. now bailiff has visited


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deft was out of the country on the date the ticket was issued ( holiday in malta. copies of the booking submitted)

defts two sons are insured to drive the car and have permission to use the car ( both deny that they used the car that day) copy of insurance details submitted

deft received no court papers prior to the visit ( did receive a bailiffs letter giving 48 hrs notice but thought it was not real as he had not received any court papers)

 

If my thinking is right, you can ask for a set aside on the basis the money claimed is a penalty.

 

I'll post on another thread shortly, I think we need the official account in what happens with private tickets.

Professional property investor and conveyancer

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If my thinking is right, you can ask for a set aside on the basis the money claimed is a penalty.

 

I'll post on another thread shortly, I think we need the official account in what happens with private tickets.

 

Welcome to the murky world of the PPC and their invoices Fork-it as you can see it is a minefield

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I will watch the ''firewoks'' with great interest.:lol::lol:

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I will watch the ''firewoks'' with great interest.:lol::lol:

 

Who is opening the book on the Fork-it V PPC who may or may not have anything to do with Perky?:lol:

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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This is brilliant news for all those who have campaigned BUT unfortunately, in the forthcoming bill, the Minister is introducing a clause whereby private parking tickets will becoming the responsibility of the VEHICLE OWNER as opposed to the current position whereby the vehicle DRIVER can be found to be liable.

 

Actually you're wrong, but it's not your fault as the whole Owner vs Registered Keeper thing is very muddy waters.

 

As I've said elsewhere, your V5 does not act as a proof of ownership - the Invoice or Bill of Sale is your proof of ownership - we have no concept of a "Title" that the merkins have.

 

If the new legislation comes in, the dodge is very simple: Form a non-trading Limited Company with a fully paid up share capital of say £1. This then becomes your registered keeper. File Non-Trading Accounts each year at a cost of about £25. [EDIT] . If they persist, point out that it is a valueless dormant limited company not performaing any trading activities, and if they want to sue it, to go right ahead. Your liability is basically the £1 of share capital. You could open a bank account for this company and pop that £1 in there to completely cover yourself, make sure it's a free banking account though!

Edited by dx100uk
behave - dx siteteam
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Going into the realms of fantasy now:madgrin:

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What would happen if the vehicle OWNER was a young child for instance?

Or better still, your pet?

my brother in law put his dog down as the registered keeper to his bike many years ago, it was accepted lol

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my brother in law put his dog down as the registered keeper to his bike many years ago, it was accepted lol

 

And why not, a few people have put their pets on the register of electors before now...

We could do with some help from you.

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I am at times staggered by the stupidity of individuals who try to avoid the requirements

of laws intended to protect others.

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Brassneked at the risk of being censured by the site team I think you are an IDIOT:madgrin:

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Brassneked at the risk of being censured by the site team I think you are an IDIOT:madgrin:

 

I am completely loopy Brigadier, I myself wouldn't condone it, and my tongue was firmly in my cheek, after all it is Friday,. but I have dealt with a case like that in the days of Poll Tax when a pensioner who was slightly batty, was being chased by a council for poll tax for the dog she had put on the register

i don't know who was more loopy, the old lady or the council and their bailiffs. wanting to imprison the dog under the mistaken belief it was a liable person who hadn't paid.

We could do with some help from you.

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I am unfortunately aware from professional stance

that this type of things go on but they are offences that can

have quite serious consequences, and to condone or dismiss

such, may mislead others as to their responsibilities.

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I am unfortunately aware from professional stance

that this type of things go on but they are offences that can

have quite serious consequences, and to condone or dismiss

such, may mislead others as to their responsibilities.

 

Yes they can have consequences, but sometimes even the strait laced legals can have a sense of humour, especially entertaining were some of Lord Dennings story-like judgments, who can fail to see the scene in ones minds eye, he set in

Miller v Jackson [1977] QB 966 about the cricket played on the Village cricket field in Lintz County Durham. and the petition by the Millers to have it stopped on the grounds of nuisance

Sadly such things are now common where a stockbroker can move into a rural area near a farm and get a noise abatement notice condemning the sheep and cattle and cockerel to death.

 

Sometimes we need a jest or we go mad with all the muppetry and stupidity we see happening around us. But if I so offendeth thee sorry we are not all perfect Perhaps I should volunteer at the CAB. as I was once an advisor in one whilst studying Law at uni and am trying to help, and constantly learning in my own small way.

Edited by brassnecked

We could do with some help from you.

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Jest all you may wish, I have no authority to suggest you

go else where, I only have regard to the principle of giving

sincerer help to those who need it, yes I'll have some laughs

here but never to diminish the reason for the poster.

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Jest all you may wish, I have no authority to suggest you

go else where, I only have regard to the principle of giving

sincerer help to those who need it, yes I'll have some laughs

here but never to diminish the reason for the poster.

 

fair enough and respect to you you are of course correct that the problem for the OP is NOT FUNNY, and they deserve the best advice and solutions that are available, but sometimes things slip into silliness in a Pythonesque manner when the antics of councils and bailiffs defy commonsense, the law and reason

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I am at times staggered by the stupidity of individuals who try to avoid the requirements

of laws intended to protect others.

To be fair, the Registered Keeper is just a person and address to refer to, putting your dog or cat down as the keeper isn't going to do anyone any harm. Stupid yes, but harmful? No.

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To be fair, the Registered Keeper is just a person and address to refer to, putting your dog or cat down as the keeper isn't going to do anyone any harm. Stupid yes, but harmful? No.

 

To understand the attitude of some, who apply everything in the light of the the black letter of the law one has to read the book or see the Thomas tank Engine episode Thomas In Trouble, where the policeman states simplistically to Thomas and The Fat Controller "The Law Is The Law, and we cannot change it"

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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To understand the attitude of some, who apply everything in the light of the the black letter of the law one has to read the book or see the Thomas tank Engine episode Thomas In Trouble, where the policeman states simplistically to Thomas and The Fat Controller "The Law Is The Law, and we cannot change it"

The policeman's job is to uphold and enforce the law - it is the politicians and monarch's job to create and amend the law.

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The policeman's job is to uphold and enforce the law - it is the politicians and monarch's job to create and amend the law.

 

Which is quite correct, the policeman is not there to interpret, or change law that is the job of politicians, who should look at which law is bad law and repeal or change it, starting with neutering bailiffs

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Which is quite correct, the policeman is not there to interpret, or change law that is the job of politicians, who should look at which law is bad law and repeal or change it, starting with neutering bailiffs

Sadly I suspect they stand more chance of gaining *more* not less powers thanks to lobbying by the bailiff industry.

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Sadly I suspect they stand more chance of gaining *more* not less powers thanks to lobbying by the bailiff industry.

 

That I am sorry to say is true, bailiffs belong in the 13th century along with the rack, thumbscrew, the pit and the pendulum, the Sherriff Of Nottingham and King John.

If the politicos grant wider powers it will be only temporary, as when vulnerable people and pensioners die of shock, or have their house emptied by bailiffs whilst they are at the day centre,

the politicos will say lessons need to be learned and hopefully backtrack

We could do with some help from you.

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