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    • With the CPR 31.14 do I provide my new address and use my name? Or should I use my Brothers name and his old address as he is the defendant?    Is it the defence you want me to post here?    thanks,   
    • depends on the original planning consent. Some places have a minimum of 2 or 3 hours free parking, others dont specify. If the latter applies then the bandits may set any limit they wish and this is normally done to make them money rather than manage parking space availability.   When sainsburys was built at Selhurst Park the planning allowed customer parking but the footy club also wanted the store to close in the aftrenoon on match days and as they were the landlord sainsburys complied. Now a frined of mine who lived (very)nearby insisted on proving a point over the planning issue as he was fed up with cars parked in local streets and took Sainsburys to task over this unauthorised change to car park use and won. the end result was he was photographed by them leaving the court and he was banned from every Sainsburys in the country!
    • look at the timeline in the poc carefully. the a/c was defaulted 30th april the A/C was not sold till 21st june, some 2mts later   I would suggest the £499 was refund of interest or charges or WHY from the OC, hence the different wording to the phantom £1 payment some further 6mts later they claim by you.   the MBNA SAR will most probably clarify the 1st part and should be arriving well in time for your bundle exchange   at that time 2012 -14 were you ever aware of what questioning a debt was all about ?? or were involved in any other debt whereby you used a CCA request etc or were in any kind of debt management etc etc.. we don't have old thread history to guess your background.        
    • get on to Lidl head office and the local press and lay it on with a trowel. Ask the council if there are any conditions in the planning consent that palce limits on parking times- many have a minimum of 2 or 3 hiours free parking and that cannot be changed arbitarily by either Lidl or the parking co. If there are conditions make a big fuss and tell Lidl that you will be going after the closure of their store if they dont tell Athena to wind their neck in   See the case of Tandridge and Caterham branch of Morrisons which was a Somerfield. In short 3 hours free parking  as a minimum, Morrisons chaged it by hiring parking cowboys who limited it to 1 hr when they took over the store and the council told them they would close the store for breach of planning consent if they didnt tell the parking co to do one. Parking co realised they would never make money like that so skulked off.
    • The POFA allows the parking co to create a KEERPER liability if certain conditions are net. POPLA have got the timings wrong as the parking co is allowed 12 days plus 2 days for service so they mut send out the NTK in time (28th) regardless of whether it drops on your doorstep within the 14 days. So they failed to create a keeper liability- this doesnt men that there wasnt a contract with the driver but they cant assume that the keeper and driver are one and the same but this has never stopped a parking co from persuing the person named by the DVLA even if the procsessing of your personal data is unlawful cos they ahve screwed up on their dates. tyhye just lie to the courts and hope.   The BPA will do nothing other than side with the person who pays their wages for the above reasons. they will waffle about assumed driver still a contract so someone ahs to pay and it will be you unless you name someone esle etc. All cobblers but they cant burst the bubble.   Better off saving ink and fighting the parking co if they want to start something but let them waste their time and money in the meanwhile. If the car aprk is local to you get some pictures of the entrance, the signs in there and piccies of any signsthat are different to the signage at the entrance. tell us about the event, the place, time what it is they said you did wrong etc
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Is parking ticket valid

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If you receive a parking ticket in an Asda parking lot can it be enforced?

 

Thanks

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best thing to do with private parking tickets is Ignore


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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NO! It's not even a parking ticket. It's an invoice 'inviting' you to pay. Has no legal standing whatsoever so keep the money for your family at Christmas and not give it to them to spend on theirs .

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Thank you both. That's one less bill i have to fret about

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Thank you both. That's one less bill i have to fret about

 

you will get some beg letters and possibly a fake solicitors letter before they give up


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Some of them have a very pretty shade of red :lol:

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Meant to look scary :!:


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Isn't this in the wrong forum?

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Thread moved to Private Land Parking forum :-)


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How does the new parking charge legislation that came in last month (October 2012) affect this? Can't they now pursue the registered keeper?

I just want clarification. I ignored several "tickets" prior to the change in legislation and happily received letter after letter, knowing that they would eventually go away. Can I still do this in the future?

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Simple answer is yes you can ignore them or send them a very brief denial of liability letter.

 

These speculative invoices are still just that and nothing more.


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This, from another forum, neatly sums it up:-

There is a lot of misinformation around concerning the Protection of Freedoms Act. This is largely pedalled by the private parking companies in an attempt to add some kind of legitimacy to their charges, not helped by sloppy and lazy journalism which regurgitates what the parking companies say without checking if it's true or not.

 

Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to divulge who the driver was. That is all.

 

* It does not make parking charges enforceable (or any more enforceable than they were before, which, on the whole is not enforceable at all)

 

* It does not require the registered keeper to name the driver on request - there is no obligation. If the keeper fails to name the driver, the "liability" (such as it is) reverts to the keeper (see previous point). If the driver and keeper are the same person, then there is no difference anyway.

 

* It does not set out any kind of statutory framework for parking charges, they are still based on contract law or trespass, and in that respect nothing has changed

 

* It does not define the wording that must be used to make parking charge notices "legal" or "enforceable". The Act sets out wording and points that must be included in order for the parking company to be able to apply keeper liability, but using all the correct words does not make the notice any more legally enforceable than it was before (see point 1)

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Thanks so much for the replies. I really appreciate your advice.

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This, from another forum, neatly sums it up:-

There is a lot of misinformation around concerning the Protection of Freedoms Act. This is largely pedalled by the private parking companies in an attempt to add some kind of legitimacy to their charges, not helped by sloppy and lazy journalism which regurgitates what the parking companies say without checking if it's true or not.

 

Schedule 4 of the Protection of Freedoms Act 2012 introduces the concept of Keeper Liability for private parking charges if the registered keeper fails to divulge who the driver was. That is all.

 

* It does not make parking charges enforceable (or any more enforceable than they were before, which, on the whole is not enforceable at all)

 

* It does not require the registered keeper to name the driver on request - there is no obligation. If the keeper fails to name the driver, the "liability" (such as it is) reverts to the keeper (see previous point). If the driver and keeper are the same person, then there is no difference anyway.

 

* It does not set out any kind of statutory framework for parking charges, they are still based on contract law or trespass, and in that respect nothing has changed

 

* It does not define the wording that must be used to make parking charge notices "legal" or "enforceable". The Act sets out wording and points that must be included in order for the parking company to be able to apply keeper liability, but using all the correct words does not make the notice any more legally enforceable than it was before (see point 1)

 

 

What about the issue of being unwilfully forced into a contract? can the contract still apply even though they don't have proof the keeper agreed to the terms? or is this just to have reasons to charge the keeper when they don't know the driver?

 

I'm really worried about this new act since we're trying to avoid paying a parking ticket we believe is unfair and if anything is damaging the retail park. One big thing we could use is that the parking charge was given by an ANPR which is located on the entrance which logs your number plate as you drive in/out, so it's not actually a charge for parking right? It was busy and it took a long time to get parked and exit and we went over by 27 minutes and for all they know we could of been driving around in circles for 2 hours. we got a "£60 early" £100 parking charge. We was christmas shopping and probably spent more then £100 on the retail park.

 

Upto now we just sent a letter denying we ever agreed to a contract with them (which is kind of true, since we was totally unaware of ever doing so and the monitorisation is new on the site) and never will enter a contract with there company and included our terms and conditions which more or less says by persueing the matter they will be charged and will be responsible for legal cost and that there company agrees to the terms by doing so (I found some resources online lol).

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Stop taking this too seriously. Just ignore from now on , they will never take you to court.

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Stop taking this too seriously. Just ignore from now on , they will never take you to court.

 

Well the contract I found online states

 

Further action on my part will incur charges which be chargeable to your company.

 

My charges will be invoiced at the following rates...

 

Initial Charge of £250 then £100 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms.

 

 

So do you think that'll put them off even sending mail back to us and opposing us?

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Oh it's with Vehicle Control Services.

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Stop contacting them from now on and treat all their letters as you would any other junk mail.

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I found something in the POFA, it says that

Conditions that must be met for purposes of paragraph 4 (claiming unpaid charges from the keeper)

(5) The first condition is that the creditor—

(a)has the right to enforce against the driver of the vehicle the requirement to pay the unpaid parking charges; but

(b)is unable to take steps to enforce that requirement against the driver because the creditor does not know both the name of the driver and a current address for service for the driver.

 

The PPC does not have the right to enforce anything have they? Unless they won a court case. In which case they don't have the right to claim from the keeper unless decided upon by a judge.

I'm sorry but I do need information as it's not me the charges are against, It's my mum and she's really worried and I think she'd cave in to there pressure if she isn't entirely convinced.

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Well the contract I found online states

 

Further action on my part will incur charges which be chargeable to your company.

 

My charges will be invoiced at the following rates...

 

Initial Charge of £250 then £100 each time I have to respond in relation to this matter. All legal expenses and costs will be charged in addition to the above charges. Pursuing this matter will trigger these charges and by doing so, your company agrees to these terms.

 

 

So do you think that'll put them off even sending mail back to us and opposing us?

 

What don't you understand about the facrt that there are no parking regulations on private land? What don't you understand about the "offence " being trespass and not parking. What don't you understand about the term "damages"?

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