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    • Ok well thanks for the help it is appreciate. It’s Car Cash Point. Will press on with the FOS hopefully can salvage something from the situation. 
    • Hi   Sorry did not notice that. Yes I contacted them.immediately after getting their first letter (sent to wrong address) and they advised to send in proof which I did ( and have done  several times). They advised they do not have payment registered and did say the site may not have paid it to them. Is there anything I can do if I have used an unofficial site? 
    • Thanks.  The car was on lease and the leasing co have already grassed me up, so to speak!   I guess it is probably best to wait and see what POPLA have to say and then decide on strategy,  
    • Hang on with the letter till the experts come on, as bits that identify you as the driver definitely need to be changed and writing at all to Parking Lie might not be a good idea at this stage. PE will have sent their letters (IF they sent them) to the address your vehicle is registered with at the DVLA.  With you moving, that could explain the missing correspondence.  Watch out with the DVLA, if you don't update your details and they find out, it's a grand's fine! Yes, get on to the Holiday Inn area manager, and if they are useless, the CEO.  I reckon they will call their dogs off.   Edit - just reading PE's reply to you.  They are an utter disgrace (not a surprise I know).  They reckon you have broken some imaginary contract with them but refuse to give the details and say you have to contact a powerless third party.  Doubt a judge would be very impressed.
    • The later you leave it the more chance you have of receiving the claimants statement...which you can then use as a guide to refute their main points of claim.Drafting a statement in the absence of the claimants really leaves you in no mans land because you are not aware of their main points of claim on which they will rely on...or which you must refute.   Also as previously advised if they dont pay the hearing fee on time and they dont file or serve a statement on you....its a good indication that they do not intend to proceed so all your work has been in vain.   However it is good to be prepared and have a basic statement in case they do pay and do file at the death..leaving you little time to respond and counter.I think a mixture of the two you have already prepared would be the way forward however your point 1 with regards to hearsay evidence wont come into play until you actually receive their statement and if in fact they are relying on hearsay evidence..   Just for information Moriarty do not attend hearings they litigate using and relying on CPR 27.9   Non-attendance of parties at a final hearing 27.9 (1) If a party who does not attend a final hearing– (a) has given written notice to the court and the other party at least 7 days before the hearing date that he will not attend; (b) has served on the other party at least 7 days before the hearing date any other documents which he has filed with the court; and (c) has, in his written notice, requested the court to decide the claim in his absence and has confirmed his compliance with paragraphs (a) and (b) above, the court will take into account that party’s statement of case and any other documents he has filed and served when it decides the claim. (2) If a claimant does not – (a) attend the hearing; and (b) give the notice referred to in paragraph (1), the court may strike out(GL) the claim. So and if you do receive their statement it must include notice as per above.(CPR 27.9(1) Andy
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Michael Browne

Forum to advise DVLA on preventing private-parking rip-offs

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Forum to advise on preventing private-parking rip-offs

 

 

[5 November 2012]

 

Dodgy practices in the private-parking industry have led the Driver and Vehicle Licensing Agency (DVLA) to create an advisory committee of consumer and motoring bodies to help sort out the mess, much of which stems from unclear signs and documents.

 

The new ‘DVLA Consumer Forum on Private Parking Management’ will include people from the AA, the RAC, Which?, Trading Standards, the Office of Fair Trading and Citizens Advice, as well as Martin Cutts of Plain Language Commission and Nev Metson, the former police officer who has exposed many of the worst private-parking rip-offs.

 

As we’ve reported, the industry chases drivers for around £160million a year in phoney (ie, non-official) fines for supposedly breaching car-park rules.

 

The forum will meet twice a year.

http://www.clearest.co.uk/news/2012/11/5/forum_to_advise_on_preventing_private_parking_rip_offs

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The driver of my car recently stopped at Clacket Lane services (M25) after flying in from the USA. He slept for over two hours as he felt he was likely to cause an accident if he carried on. I, as keeper, received a fine notice from CP Plus (I think - I've thrown the notice away) asking for £90. My initial reaction was to argue that road safety was at stake. Am I right in thinking that only the Police can ask who was driving? I am assuming I don't need to pay it just because I am the registered keeper.

Thanks

Cormac:|

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"Am I right in thinking that only the Police can ask who was driving?" Why on earth would they be involved ?

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I have used the arguement when my daughter received a demand for overstaying at Lidl's car park some time ago. I never heard anything back so it worked.

I've just been looking elsewhere on the site and reading guidance-unpaid-parking-charges and it would appear that I as keeper am liable. Of have I missed something?

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I have used the arguement when my daughter received a demand for overstaying at Lidl's car park some time ago. I never heard anything back so it worked.

I've just been looking elsewhere on the site and reading guidance-unpaid-parking-charges and it would appear that I as keeper am liable. Of have I missed something?

 

Private parking is contract law and before the Protection of Freedoms Act only the driver could enter into the contract. POFA now allows that where the RK doesn't or refuses to name the driver, the PPC can chase the RK.

 

Other than that, nothing has changed. The PPC still has the hurdle of winning in court to actually be able to enforce it, just as they did before POFA.

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OK thanks - I'll go to court and see what happens, assuming it gets that far.

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It will never get to court.

 

This really needs to be put in its own thread as it's nothing to do with the original subject.

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You have said that your driver RECENTLY parked at Clackett Lane etc. When was this? Was it before 1st October?

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