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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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      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.

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

Council Parking Ticket - Bailiffs

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stan5131

stan5131

Posted
Posted

Hi,

 

Some months ago, I went into the City Centre and parked in a long parking bay that has room for some six cars. There was only one space left at the end, and as I reversed into it, my front tyres were just over the white line by a couple of inches. I couldnt reverse any further back because of the car behind. This line was separating the parking spaces from a very large loading bay. When I got out of the car, I was studying the white line and was not sure whether or not I would end up with a ticket. I then spotted a Traffic Warden and crossed the road to speak to him. I explained that my front wheels were a couple of inches over the line and asked him if I would get a ticket? His reply was that they would not issue a ticket for a couple of inches.

 

Well, I returned to my car to find that the very same Traffic Warden had given me a ticket only a few minutes after I spoke to him! I was absolutely livid! I wrote and complained about the ticket and there was a bit of correspondence back and forth. They refused to void the ticket. They told me they had spoken to the Warden who had denied saying what he said, but claimed he had said "as long as the wheel was not over the line". I believe they now wear headcams, and I asked them to look at the footage. They ignored my requests and still demanded payment.

 

Today I received a letter from Equita Certified Bailiffs saying that a summons had been issued at Northampton County Court. So when did it go to court? And why wasnt I given the opportunity to defend this? What can I do now?

 

Can anyone help?

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stan5131

stan5131

Posted
  • Author
Posted
Did you receive:

a) Notice to Owner

b) Charge Certificate

c) Order for Recovery

 

 

I received Notice to Owner, then letters in reply to mine. If a Summons has been issued, then why wasnt I notified of a court hearing? thanks

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stan5131

stan5131

Posted
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Posted

Hi Michael,

 

Basically, I wrote them a letter explaining the circumstances Then the Notice to Owner came, and I replied to that with a letter pointing out my previous letter and the circumstances. They sent me a letter saying they were unable to cancel the ticket and I still had to pay. I replied to that with a letter saying that I wasnt paying due to the advice given by their own Traffic Warden. So Yes, it was a notice of rejection

 

I thought it would go to court and I would have a chance to defend it!

 

thanks

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Michael Browne

Michael Browne

Posted
Posted

Having sent a Notice of Rejection, you have the choice of either paying the penalty or appealing to an adjudicator. It seems you did neither.

 

Therefore the council should have sent sent you a Charge Certificate which increases the penalty by 50%, 28 days after the NoR if you did neither of the above.

 

Did you receive the Charge Certificate?

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Michael Browne

Michael Browne

Posted
Posted
So how do I appeal to an adjudicator? Is it now too late?
Yes.

 

Doesnt this have to go to court whereby I have a chance to defend?
No, the Notice of Rejection would have included details of how to appeal to the adjudicator, which you didn't do.

 

Im not sure what a Charge Certificate is. thanks
It would look like this:

http://forums.pepipoo.com/lofiversion/index.php/t46912.html and increases the penalty by 50%

 

If that increased penalty charge is not paid within 14 days of a Charge Certificate being served then the council may apply to register it as an unpaid debt. You will then be sent an Order for Recovery.

 

If the penalty charge has not been paid within 21 days of the Order for Recovery being served then the council will ask for a Warrant of Execution which will be passed to a Bailiff to recover the monies owed, which is where you are now.

 

So did you receive both the Charge Certificate and the Order for Recovery?

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Michael Browne

Michael Browne

Posted
Posted

You need to make an out of time witness statement on the basis you didn't recieve the Charge Certificate or Order for Recovery.

 

This will set the PCN back to the NTO stage.

 

Call the Traffic Enforcement Centre helpline: Telephone: 08457 045007. They will send you the forms (I think, TE7 &TE9)

Do this first thing tomorrow.

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tomtubby

tomtubby

Posted
Posted

Michael, in fact you cannot file an Out of Time witness statement on the basis that an Order for Recovery or Charge Certificate had not been received.

 

The OTT can be filed on the basis that the respondent had not received a Notice to Owner or that he had not received a Notice of Rejection.

 

This could be difficult one.....

 

Stan....when you received the letter from the local authority rejecting your representation, they should have advised you that you have the right to take your case to the parking adjudicator. Did you receive this notice from the council?

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