Ncp speculative invoice

[manc girl]

Not yet sailor sam i have had other stuff to deal with, hopefully i will get some time to

do it in the week.

[Bazooka Boo]

Wouldn't read too much into their puerile missive, usual drivel spouted out by the lame ZX Spectrum...

[Andy77799]

Oi! Don`t knock the spectrum! I had one with 1012K memory and a modulator demodulator thing and sent a telex to the captain on the QEII for M & F in law via Prestel.

 

That was 28 years ago and cost me a fiver! captain was chuffed as only telex he had the entire cruise!

 

Even had thermal printer to make name cards and "laminated" them with a bag sealer for sealing goats milk!

[BASFORDLAD2]

Or the good old commodore 64...

 

And the days when 5 1/4 was impressive lol

[dx100uk]

yep loved the spectrum worked on the design as well

still got a complete set & int one and microdrives and the discdrive interface

 

dx

[Bazooka Boo]

Look what I've gone & started!

[borisbeaver]

Or the good old commodore 64...

 

And the days when 5 1/4 was impressive lol

I could only afford a commodore 16.

[DBC]

Look what I've gone & started!

 

So I won't bother to mention my Dragon computer then.

[DBC]

Duplicate post

[manc girl]

sorry guys didnt no this was a computer site thanks

[BASFORDLAD2]

It isn't Nancy girl. Just some silliness:)

[manc girl]

It isn't Nancy girl. Just some silliness:)

 

who's Nancy girl Notts_Phil and can this post get back on track please. thank you

[crem]

I don't think there is anything awaiting answer on the thread manc girl, and I think a little bit of light hearted silliness occasionally on a thread helps keep us all sane in this stressful world.

[hessey50]

To be able to legally clamp for non payment of a debt they have to have gone to court and got judgement and that has then not to be paid and then they can levy on goods though they should call to see if payment can be made or agreed before doing so. As they almost never go anywhere near court thats a non starter. You would get real court notices with an opportunity to defend and they would be only able to go for the loss sustained which would either be nothing or possibly the processing costs for the ticket issue. Most proper firms and as far as I am aware all local Authorities ( though bits of London have a different scheme) would not clamp a vehicle legally displaying a Blue Badge.

It is always nice to see the word fine in any private firms letter as it is the one thing that there is absolutely no doubt about private companies not contracted to a Local Authority eg De Crim parking can't issue fines FPN PCN etc they just issue speculative invoices . There are still "firms" in the parking undergrowth that will clamp anything anywhere any time so even with a badge in some private car parks there is a need for caution, Fortunately the days of private land clamping firms are drawing to a well deserved end.

I would also be cautious with land covered by railway byl-aws. I am sure someone on site will know more...but dont worry about the DCA suddenly clamping your car

[dx100uk]

dca clamping cars?

railway byelaws?

and blue badges or any lines/marking on the tarmac have NO legal statute AT ALL in a Private Car Park

- they are just graffittii!

 

you've been reading far too much rubbish somewhere

 

dx

[hessey50]

I dont think I said dca would as the OP was conerned about just clamp the vehicle I said no and went briefly through the steps needed to be able to do this and then said they never do this So can they just come and get car no, can they(though its almost unheard of) go to court get judgement and if its not continue process and have the vehicle levied yes

Yes the Private land markings have no legal entity but the point I was making was that there are clamping firms that dont give a hoot about this and will crawl out of the undegrowth and clamp. While its nice to know they are behaving unlawfully if you are unwell clamped and the car is going to removed the Police will not intervene and its small comfort to have the option of going to court to get your money back. I was warning against this possibility.

Regarding Railway land there are some considerable differences in law regarding this, the fact they have their own Police Force might be a pointer to this and it is possible to stray from a managed car parking area into land covered by other legislation. Byelaw 14 s 4 ? I was raising the issue. After 15 years of L.A. Enforcement including being part of a team bringing in De crim Parking many years ago and still in LA enforcement I wish I didnt still get the why have you clamped my car (we dont as am matter of policy) contacts and hopefully when the new legislation goes through it will finally stop.

Edited November 19, 2011 by hessey50
insert info

[Old Snowy]

Thanks Dx but who would i report it to?.

Consumer Direct are as direct as a dog's hind leg and slower than paint drying. Rather than waste time and effort with CD/TS go direct to the licensor of all DCA's - the OFT. The relevant address is:

 

Enquiries and Reporting Centre

Office of Fair Trading

Fleetbank House

2-6 Salisbury Square

London

EC4Y 8JX

 

HTH

[hessey50]

Ncp may well be the authorised person:

(4) In England and Wales

The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.

(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be clamped, removed, and stored, by or under the direction of an Operator or authorised person.

(iii) The owner of the motor vehicle, bicycle or other conveyance shall be liable to an Operator or an authorised person for the costs incurred in clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that (i)

12

the costs incurred by an Operator or an authorised person for this may be recovered from the vehicle’s owner.

(iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person.

(4) In England and Wales

The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.

(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be clamped, removed, and stored, by or under the direction of an Operator or authorised person.

(iii) The owner of the motor vehicle, bicycle or other conveyance shall be liable to an Operator or an authorised person for the costs incurred in clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that (i)

12

the costs incurred by an Operator or an authorised person for this may be recovered from the vehicle’s owner.

(iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person.

(4) In England and Wales

The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.

(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be clamped, removed, and stored, by or under the direction of an Operator or authorised person.

(iii) The owner of the motor vehicle, bicycle or other conveyance shall be liable to an Operator or an authorised person for the costs incurred in clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that (i)

12

the costs incurred by an Operator or an authorised person for this may be recovered from the vehicle’s owner.

(iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person.

(4) In England and Wales

The owner of any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be liable to pay a penalty as displayed in that area.

(ii) Without prejudice to Byelaw 14(4)(i), any motor vehicle, bicycle or other conveyance used, left or placed in breach of Byelaw 14(1) to 14(3) may be clamped, removed, and stored, by or under the direction of an Operator or authorised person.

(iii) The owner of the motor vehicle, bicycle or other conveyance shall be liable to an Operator or an authorised person for the costs incurred in clamping, removing and storing it provided that there is in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped, removed and stored by an Operator or an authorised person and that (i)

12

the costs incurred by an Operator or an authorised person for this may be recovered from the vehicle’s owner.

(iv) The power of clamping and removal provided in Byelaw 14(4)(ii) above shall not be exercisable in any area where passenger parking is permitted unless there is on display in that area a notice advising that any vehicle parked contrary to these Byelaws may be clamped and/or removed by an Operator or an authorised person.

[Old Snowy]

Yes, a vehicle may be clamped if it breaches byelaw 14 provided there is suitable signage but that is not what is being questioned by the OP. They are seeking reassurance that Newlyn (debt collectors) cannot clamp the vehicle because of allegedly unpaid charges. Although the alleged infraction occured on railway property (or what would seem to be railway property) no action whatsoever has been taken as far as an alleged breach of the byelaws is concerned to date. If that is what you are suggesting might happen firstly, the vehicle could not be clamped unless at the time of clamping it was in breach of byelaw 14. Retrospective clamping is not permitted under the section you quote. It could only be clamped by an authorised person and that does not extend to Newlyn. Finally, were it clamped as a means of enforcing the allegedly unpaid charges and thereby retrospectively switching from debt collection to byelaw enforcement I would be very interested in the argument a clamper or his representative might advance to counter a case of abuse of process.

 

You might also wish to edit your post to make it more readable. There are only four subsections and repeating the quote three times makes it difficult to read.

[hessey50]

sorry I just posted the by law re comment by dx100k who seemed to suggest that there is no issue with them at all

In this case I would imagine that this is as stated a speculative invoice and that the paperwork will not mention the by law at all.

I just wanted to ensure that people are aware of the need to be more careful when using Railway land to park on and not have the impression that there can be no consequences and I was concerned at the dismisive "railway by laws" comment.

They exist are used and can lead to prosecution unlike the normal private car park notices.

[dx100uk]

glad you read the whole thread eventually.

 

thank you

 

dx

[hessey50]

I did which is why I said what I did but I aplogise if the issue raised has caused you distress.

The intention was as stated not to provoke

[manc girl]

Thank you all for the comments and information, i have taken it all on board.

Thanks for the ad for complaints will be looking into that soon as just abit busy at

the moment as getting ready to move into new property, i really appreciate all the info.

Thank you, will keep you all updated.

[dx100uk]

complain to who?

 

dx