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    • These are the photos of the signs. At the entrance there is a 7h free sign. On some bays there is a permit sign.  Also their official website is misleading as it implies all parking is free.  I can't be certain of the exact parking bay I was in that day, and there was no PCN ticket on my car and no other evidence was provided.  parking sign 2.pdf
    • Hi, In my last post I mentioned I had received an email from SS who were asking me to hand over the keys to my mother’s flat so they could pass them to the Law firm who have been appointed court of protection to access, secure and insure my mother’s property.  Feeling this, all quickly getting out of my hands I emailed ss requesting proof of this. I HAVEN’T HEARD BACK FROM SS.  Yesterday, I received an email (with attached court of protection order) from the Law Firm confirming this was correct (please see below a copy of this).  After reading the court of protection order I do have some concerns about it:   (a)   I only found out yesterday, the Law firm had been appointed by the court back in January.  Up until now, I have not received any notification regarding this.  (b)   Section 2   - States I am estranged from my mother.  This is NOT CORRECT    The only reason I stepped back from my mother was to protect myself from the guy (groomer) who had befriended her & was very aggressive towards me & because of my mother’s dementia she had become aggressive also.  I constantly tried to warned SS about this guy's manipulative behaviour towards my mother and his increasing aggressiveness towards me (as mentioned in previous posts).  Each time I was ignored.  Instead, SS encouraged his involvement with my mother – including him in her care plans and mental health assessments.   I was literally pushed out because I feared him and my mother’s increasing aggression towards me. Up until I stepped back, I had always looked after my mother and since her admission to the care home, I visit regularly.   .(c)    Sections -  4, 5 and 7  I am struggling to understand these as I don’t have a legal background.  I was wondering if there is anyone who might be able to explain what they mean.  It’s been a horrendous situation where I had to walk away from my mother at her most vulnerable because of; ss (not helping), scammer and groomer. I have no legal background, nor experience in highly manipulative people or an understanding of how the SS system operates, finding myself isolated, scared and powerless to the point I haven’t collected my personal belongings and items for my mother’s room in the care home.  Sadly, the court has only had heard one version of this story SS’s, and based their decision on that. My mother’s situation and the experience I have gone through could happen to anyone who has a vulnerable parent.    If anyone any thoughts on this much appreciated.  Thank you. ______________________________________________________  (Below is the Court of Protection Order)  COURT OF PROTECTION                                                                                                                                                                                   No xxx  MENTAL CAPACITY ACT 2005 In the matter of Name xxx ORDER Made by  Depty District Judge At xxx Made on xxx Issued on 18 January 2024  WHEREAS  1.     xxx Solicitors, Address xxx  ("Applicant”) has applied for an order under the Mental Capacity Act 2005.  2.     The Court notes (my mother) is said to be estranged from all her three children and only one, (me) has been notified.  3.     (Me) was previously appointed as Atorney for Property and Affairs for (my mother).  The Exhibity NAJ at (date) refers to (me) and all replacement Attorneys are now officially standing down.  4.     Pursuant to Rule 9.10 of the Court of Protection Rules 2017 and Practice Direction 9B the Applicant 2must seek to identify at least three persons who are likely to have an interest in being notified that an application has been issues.”  The children of (my mother), and any other appointed attorneys are likely to have an interest in the application, because of the nature of relationship to (my mother).  5.     The Court considers that the notification requirements are an important safeguard for the person in respect of whom an order is sought.  6.     The Court notes that it is said that the local authority no longer has access to (my mother’s) Property.  7.     Further information is required for the Court to determine the application.  IT IS ORDERED THAT  Within 28 days of the issue date this order, the Applicant shall file a form COP24 witness statement confirming that the other children of (my mother) and any replacement attorneys have been notified of the application and shall confirm their name, address, and date upon which those persons were notified.  If the Applicant wishes the Court to dispense with any further notification, they should file a COP9 and COP24 explaining, what steps (if any) have been taken to attempt notification and why notification should be dispensed with.   Pending the determination of the application to appoint a deputy for (my mother), the Applicant is authorised to take such steps as are proportionate and necessary to access, secure and insure the house and property of (my mother).   This order was made without a hearing and without notice.  Any person affected by this order may apply within 21 days of the date on which the order was served to have the order set aside or varied pursuant to Rule 13.4 of the Court of Protection Rules 2017 (“the Rules”).  Such application must be made on Form COP9 and in accordance with Part 10 Rules.              
    • Unless I've got an incorrect copy of the relevant regulation: The PCN is only deemed to have arrived two days after dispatch "unless the contrary is proved" in which case date of delivery does matter (not just date of posting) and I would like clarification of the required standard of proof. It seems perhaps this hasn't been tested. Since post is now barcoded for the Post Office's own tracking purposes perhaps there is some way I can get that evidence from the Post Office...
    • I would say You should accept it - I HIGHLY doubt you will  be able to claim for letters at trial ans they’re offering you that, which is higher monetary value than interest.   Also they raise a good point, getting interest at anything above 4% is lucky these days, yes judges give it, but rarily above 4%   Also you might find depending on the judge  you don’t get some costs if you take it all the way over £7.40 when court woukdnt award letters costs and thus meaning their award would be less than evris offer which was made    Up to you though but the wait will be 3-4mo for a trial date at least
    • Hi Folks, Been 162 days! Just by way of update. Today I received a text from Opos Ltd so no doubt Capquest are renting the debt out to anybody who fancies a nibble. Safe to say I will not be responding.
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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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Parking on private land from October 2012 legislation


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Another question.... The BPA and government require the PPC to pay £27 for the POPLA appeal. If the driver/RK decide not to pay if the appeal goes them. Can the PPC claim back the £27.

 

I imagine the number of appeals may go through the roof costing these clowns lots of money

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In a previous post I questioned the BPA estimate relating to the number of appeals, I take the view that maths is not a strong point within the organisation.

In addition, I understand that the appeals board will take legal arguments into consideration. This being the case every successful appeal should be posted on this site to ensure to ensure consistency.

 

SO IT'S JUST A MATTER OF WHO IS GOING TO BE FIRST TO PUT IT TO THE TEST.

Edited by Crocdoc
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I understand that the appeals board will take legal arguments into consideration.

 

SO IT'S JUST A MATTER OF WHO IS GOING TO BE FIRST TO PUT IT TO THE TEST.

 

Ahem, so my partner (RK) recieves a PPC "invoice" and appeals. :-)

Denied, so off to POOPLA with weak defence (not naming driver) - (PPC pay £37.40 inc VAT). :-)

Appeal denied of course (PPC cream pants coz won) :-)

Aw shucks, names me as driver :-)

I recieve begging letter so i appeal :-)

Appeal denied, off to POOPLA with strong defence:whoo:

 

Next ticket, rinse and repeat !!!

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Would the appeal broke down in car park and had to await delivery of a new coil pack and then fit it not work in a court of law, yes I entered the car park in good faith only meaning to stay there two hours but due to unforseen circumstances was delayed in my departure.

Would a court allow them to charge you an excess amount of money for such a defense or would the case be thrown out?

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just got a ticket from ppc - could i inform them that i forgot to get a ticket and that i am happy to pay there daily rate. i could also let them know i am dyslexic and part of my condition is very poor short term memory. Any further fine i would view as disability discrimination.

 

or

 

on the ppc notice, it states iam required to pay 75.00 pounds within 28 days. the charge will be reduced to £ if the payment is recieved within 14 days.

 

the reduction box is blank and could be filled in to £0, also no offence code was input.

 

which do you think is the best course of action.

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bets on them coming up with something new...

 

i.e. Anyone parking here agrees to have their wheel nuts removed...

Please note:

 

  • I am employed in the IT sector of a high street retail chain but am not posting in any official capacity,so therefore any comments,suggestions or opinions are expressly personal ones and should not be viewed as an endorsement or with agreement of any company.
  • i am not legal trained in any form.
  • I have many experiences in life and do often use these in my posts

if ive been helpful kick my scales, if ive been unhelpful kick the scales of the person more helpful :eek:

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Can I just clarify that my interpretation is correct in that an individual appealing does not have to pay anything for the appeal, but the car parking company has to pay around £30?

 

As for the clamping issue/ticketing, can't clamping outfits now just take the vehicle away under the newly amended S.99 Road Traffic Regulation Act 1984 and state the vehicle was obstructively parked, dangerously parked, abandoned or broken down??

 

I would also be looking to Section 111 of the Protection of Freedoms Act for continued letters from private companies.... Section 111(3b)(3f), and, if they happen to be monitoring CAG, then perhaps also 3d.

Edited by firstclassx
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Correct, However they state that you will no longer be allowed the SO CALLED DISCOUNT if you appeal fails. But on the other hand the good news is that the decision is only binding on the PPC.

 

I MAKE IT £32.40 PER HIT.

 

CAN I JUST SAY THAT I AM EXTREMELY DISAPOINTED THAT I LIVE IN SCOTLAND AS I WON'T BE ALLOWED TO PLAY, IF YOU GET MY DRIFT.

Edited by Crocdoc
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From the Department of Transport

 

Guidance on Section 56 and Schedule 4 of the Protection of Freedoms Act 2012: Recovery of Unpaid Parking Charges

 

http://assets.dft.gov.uk/publications/guidance-unpaid-parking-charges/guidance-unpaid-parking-charges.pdf

 

This is one of the most important sections:-

 

Charges for breaking a parking contract must be reasonable and a genuine preestimate of loss. This means charges must compensate the landholder only for the loss they are likely to suffer because the parking contract has been broken.

For example, to cover the unpaid charges and the administrative costs associated with issuing the ticket to recover the charges. Charges may not be set at higher levels than necessary to recover business losses and the intention should not be to penalise the driver.

 

Of course those "admin charges" cannot include the ordinary running costs of the office and staff wages. The PPC has to bear these costs even if no tickets are issued. So it looks as though they can claim very little in actual losses.

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Correct, However they state that you will no longer be allowed the SO CALLED DISCOUNT if you appeal fails. But on the other hand the good news is that the decision is only binding on the PPC.

 

I MAKE IT £32.40 PER HIT.

 

 

oops, where did i get £37.40 !!!

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I wasn't aware of DOT Guidance on this subject, however this is one of the very long standing principals surrounding this entire issue. This raises many questions particularly how such charges can be claimed when for example a car park is empty or when the facility is closed at night. My personal view is that the BPA may well have shot themselves in the foot as it would appear that their determination to try an justify the existance of this industry by trying to influence legislation has simply highlighted a number of issues that they would have preffered to have left under the carpet.

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Hopefully, when using the "independent" appeals service, those questions of pre-estimate of loss and other aspects of contract law can be used as part of the motorist's case.

 

I have also heard that the same point about actual loss is being included in the new BPA code of practice.

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Hopefully, when using the "independent" appeals service, those questions of pre-estimate of loss and other aspects of contract law can be used as part of the motorist's case.

 

I have also heard that the same point about actual loss is being included in the new BPA code of practice.

 

This is where it will become interesting, should one appeal succeed on this basis and the result is posted up it can then be used on every occasion as surely an independant appeal body must show consistency.

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As the aspect of pre-estimate of loss is being incorporated into the BPA guidelines, then if it can be shown that the figures demanded by a PPC are just arbitrary and not an actual loss, then that would be a breach of the guidelines and puts the PPC in line for sanctions by the BPA.

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Received a parking charge notice on the 9th of September 2012, haven't received any letters yet as there are still a few days left before the 21 day period.

 

Does the October 2012 'Protection of Freedoms Act 2012: Recovery of unpaid parking charges' apply to me? Or does this new law only apply to those who receive a ppc after the 1st of October?

 

From my understanding I the law at the time of the offense committed applies, therefore they would need to prove who the driver was and cannot charge the registered keeper.

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Received a parking charge notice on the 9th of September 2012, haven't received any letters yet as there are still a few days left before the 21 day period.

 

Does the October 2012 'Protection of Freedoms Act 2012: Recovery of unpaid parking charges' apply to me? Or does this new law only apply to those who receive a ppc after the 1st of October?

 

From my understanding I the law at the time of the offense committed applies, therefore they would need to prove who the driver was and cannot charge the registered keeper.

Barts, can i just say no "offense" was committed.

However, you are right in your understanding. R/K Liability does not come into effect untill 1st Oct.

hello all:-)

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Received a parking charge notice on the 9th of September 2012, haven't received any letters yet as there are still a few days left before the 21 day period.

 

Does the October 2012 'Protection of Freedoms Act 2012: Recovery of unpaid parking charges' apply to me? Or does this new law only apply to those who receive a ppc after the 1st of October?

 

From my understanding I the law at the time of the offense committed applies, therefore they would need to prove who the driver was and cannot charge the registered keeper.

No offence was committed so you can safely ignore.

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I would have thought that the actual loss would have to be taken on a case by case basis. This would depend on the time of day, whether the shops were open or closed , if the car park was full etc. So putting up any sign quoting a fixed amount would be misleading and would fall foul of the BPA guidelines.

Edited by DBC
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