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    • In my time I've never seen a payout/commission from a PPC to a landlord/MA. Normally the installation of all the cameras/payment of warden patrols etc is free but PPCs keep 100% of the ticket revenue. Not saying it doesn't happen mind. I've done some more digging on this: Remember, what your lease doesn't say is just as important as what it does say. If your lease doesn't mention a parking scheme/employment of a PPC/Paying PCNs etc you're under no legal obligation to play along to the PPC's or the MA's "Terms and conditions". I highly doubt your lease had a variation in place to bring in this permit system. Your lease will likely have a "quiet enjoyment" clause for your demised space and the common areas and having to fight a PPC/MA just to park would breach that. Your lease has supremacy of contract, but I do agree it's worth keeping cool and not parking there (and hence getting PCNs) for a couple months just so that the PPC doesn't get blinded by greed and go nuclear on you if you have 4 or 5 PCNs outstanding. At your next AGM, bring it up that the parking controls need to be removed and mention the legal reasons why. One reason is that under S37(5b) Landlord and Tenant Act 1987,  more than 75% of leaseholders and/or the landlord would have needed to agree, and less than 10% opposed, for the variation to take place. I highly doubt a ballot even happened before the PPC was bought in so OPS even being there is illegal and breaching the terms of your lease. In this legal sense,  the communal vote of the "directors" of the freehold company would have counted for ONE vote of however many flats there are (leases/tenants) + 1 (landlord). It's going to be interesting to see where this goes.  
    • @Whyisitthisthank you very much for asking. I am still feeling anxious, especially when someone rings the doorbell, or when I receive a letter I feel a it paranoid. I stopped going to the shops unless I really have to. I shop online now. When I see security I feel paralised. 
    • My expectation was their WS would include the best paperwork, like at least true copies of originals, but these just look wrong somehow, perhaps the font and size of font... Not sending me the DN in CCA request but producing it for evidence I would argue could be a tactic used by them... - Page 11 with ticks - there is no reference to IP addresses - Home addresses are correct for dates in documents   Just looking up example Defendant WS's while awaiting your thoughts on this
    • Hello lovely, just posting to check in to see how you are feeling now? Hopefully your feeling better? 
    • Sorry my redactions made it harder dx. Tick dates are 11/12/2014
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    • We have finally managed to obtain the transcript of this case.

      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.
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failure to insure


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Just received £100 penalty from the DVLA for failure to insure.

 

This was the first letter I received although they stated they had written previously.

 

Firstly the car is registered in my daughters name but I drive, tax and, insure the car.

 

I cancelled the insurance because I was going away.

 

The tax was valid and when I arrived back I insured and taxed it again.

 

Then three weeks later my daughter received this penalty notice Stating that the car was not insured although the tax is was valid.

 

Can anyone give me advice please much appreciated.

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if you have a valid insurance policy cert for the time they have fined you

 

send it to them with an appeal.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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sorry I don't seem to have explained myself very well.

 

I cancelled the insurance when I went away,

 

The tax was still valid and the car was parked in the garage.

 

The penalty was for the date I was away.

 

I thought that it wasn't necessary to sorn it because the tax was still in place.

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sorry I don't seem to have explained myself very well.

I cancelled my insurance I went away.

The tax was still valid and the car was parked in the garage.

I thought that it wasn't necessary for the car to be sorn because the tax was still valid.

The penalty letter was for the time I was away.

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ok present them evidence [airline ticket receipts or payments

that you were not in country

 

and relate it was already taxed by kept off road for the period?

 

not sure

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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The fact that it was taxed and off the road is irrelevant - the claim is that it was not insured.

 

Correct

A car must be SORN and kept off the road

or

Taxed AND insured

This is not a new rule and has been advertised in tax renewal letter

 

Unfortunately there is no way around this other to pay the fine otherwise it will increase

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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okay silly of me to not realize this we are all not able to catch up on the latest information. They never sent me any previous correspondence which again is my word against theirs, of course I would have rectified it sooner. Now they have issued me with:-

a £100 Penalty charge

may prosecute

vehicle may be clamped and impounded by the DVLA

the police may seize the vehicle

 

What is England coming to, they certainly no how to get you, no mercy for the honest people , try getting the dishonest.

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Thanks for all your comments and help. The DVLA stated on their failure to insure letter that they had previously written to tell you that the Motor Insurance Database was not insured on the 29/11/13. We received no such letter can I appeal on this. If I had received an earlier letter then it could have been rectified.

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the car is very secure it is garaged and where we live is very secure. When I returned just before xmas I taxed,insured the car and transferred the registered keeper back into my name as my daughter was going abroad to work. The registration document as not come back yet.

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