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    • I found that the parkin attended has a car with CCTV camera on it, however as I stated earlier, it seems that he did not take video of my car otherwise they would have stated so in the SAR. parking car .pdf
    • The rules state that "approved devices may only be used in limited circumstances"  I was not a threat. I was not present. I did not drive away. I think he has not fulfilled the necessary requirements justifying issuing me a PCN by post therefore the PCN was issued incorrectly and not valid.  What are your thoughts?  
    • I have also found this:  D.2 Service of a PCN by post: 54) There are some circumstances in which a PCN (under Regulation 10) may be served by post: 1) where the contravention has been detected on the basis of evidence from an approved device (approved devices may only be used in limited circumstances) 2) if the CEO has been prevented, for example by force, threats of force, obstruction or violence, from serving the PCN either by affixing it to the vehicle or by giving it to the person who appears to be in charge of that vehicle 3) if the CEO had started to issue the PCN but did not have enough time to finish or serve it before the vehicle was driven away and would otherwise have to write off or cancel the PCN 55) In any of these circumstances a PCN is served by post to the owner and also acts as the NtO. The Secretary of State recommends that postal PCNs should be sent within 14 days of the contravention. Legislation states that postal PCNs must be sent within 28 days, unless otherwise stated in the Regulations. This from London Councils Code of Practice on Civil Parking Enforcement.  The question is what is an approved device? Certainly, he had the opportunity to place the ticket on my car and I didn't drive away.  I looked further and it seems that an approved device is a CCTV camera - It seems that the photos taken were not actual film but images and it is not clear if they are taken from a video or are stills. I'm guessing if it was moving images then the SAR would have stated this.    From the Borough of Hounslow website: "There are two types of PCN issued under the Traffic Management Act 2004, which governs parking contraventions. The first is served on-street by a Civil Enforcement Officer, who will observe a vehicle and collect evidence before serving the PCN either by placing it in a plastic wallet under the windscreen wiper, or by handing it to the driver. The second is a PCN served by post, based on CCTV footage taken by an approved device, which has been reviewed by a trained CCTV Operator."   From Legislation.gov.uk regarding approved devices: Approved Devices 4.  A device is an approved device for the purposes of these Regulations if it is of a type which has been certified by the Secretary of State as one which meets requirements specified in Schedule 1. SCHEDULE 1Specified requirements for approved devices 1.  The device must include a camera which is— (a)securely mounted on a vehicle, a building, a post or other structure, (b)mounted in such a position that vehicles in relation to which relevant road traffic contraventions are being committed can be surveyed by it, (c)connected by secure data links to a recording system, and (d)capable of producing in one or more pictures, a legible image or images of the vehicle in relation to which a relevant road traffic contravention was committed which show its registration mark and enough of its location to show the circumstances of the contravention. 2.  The device must include a recording system in which— (a)recordings are made automatically of the output from the camera or cameras surveying the vehicle and the place where a contravention is occurring, (b)there is used a secure and reliable recording method that records at a minimum rate of 5 frames per second, (c)each frame of all captured images is timed (in hours, minutes and seconds), dated and sequentially numbered automatically by means of a visual counter, and (d)where the device does not occupy a fixed location, it records the location from which it is being operated. 3.  The device and visual counter must— (a)be synchronised with a suitably independent national standard clock; and (b)be accurate within plus or minus 10 seconds over a 14-day period and re-synchronised to the suitably independent national standard clock at least once during that period. 4.  Where the device includes a facility to print a still image, that image when printed must be endorsed with the time and date when the frame was captured and its unique number. 5.  Where the device can record spoken words or other audio data simultaneously with visual images, the device must include a means of verifying that, in any recording produced by it, the sound track is correctly synchronised with the visual image.
    • Hearing took place today.  Case dismissed with costs awarded. Neither UKPC or a representative turned up.  Apparently they messaged the court on 7 May asking for their case to be considered on paper.  Never informed me, which was criticised by the judge as not following procedure.  I was really annoyed as I would have preferred for the case to be thrown out before the hearing, or at least face them in court and see them squeal.   They are just playing a numbers game and hope you blink 1st!   Ended up having to change my flight, but  the costs awarded softens the blow. Was asked to confirm it was my signature on both the witness statement and supplementary statement.  Wasn't asked to read them, said she could see my arguments made and the signs were insufficient and no contract formed. Took maybe 10 mins in total.  Judge did most of the talking and was best for me just to keep quiet or confirm any statements made. Happy to have won as a matter of principle and have costs awarded. Maybe not worth all the time and hassle for any newbies or the technologically challenged.  But if you are stubborn like me and willing to put in the time and effort, you can beat these vultures! I big shout out to everyone who helped on the thread with their advice and guidance, special mention to FTMDave, thank you sir!  Really appreciate everyone's efforts. All the best!
    • I plan to be honest to avoid any further trouble, tell them that the name should be changed to my official name
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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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      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

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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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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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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 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

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.

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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