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    • You're like, super helpful and unhelpful at the same time lol.   What do I search for, I searched form 4, and nothing, I searched claiming compensation and nothing about this.   I can't find the top squares logo.   Can you post a link or tell me what to search.   Sorry if I'm slow.
    • use our custom google search box  click our top squares logo it should appear on that page   dx
    • Apologies, I haven't used a forum for years!!   I defo wish to keep the 2 issues separate, sorry!   My only issue I need help with is the increased compo for marstons - if possible.   I don't know anything about claiming compo etc. (I only recently found out one of the NHS biggest costs are NDA payouts)   I don't know what form 4 is; so far, they've offered £250 and I haven't accepted or denied it.   So yeah, can you forward me to some more info?   Also, usually I'm good at google etc. but I can't find many stories on this stuff, regarding PCN/TFL etc.   Thanks again!
    • ok things are getting clearer...   I've merged 2 of your posts for clarity and removed the swearing, (behave please) I've also taken down the two images you posted should you wish to post things up please use PDF so we can zoom easily and don't forget to redect them read upload carefully.   I think you need to continue to keep the two thing sep. those being increased compo for marstons- if possible ( if you are raising a form 4? complaint through the court - it might be better you don't? - they are very hard to justify and can be costly - so the fact it might not be moving forward could be a good thing, but listen to others here too) and the issue of the PCN wasn't justified - which you need to further expand on please.   the more info you post up the better please but please use multipage PDF files only and carefully redact them    
    • Thanks for trying btw! It's kinda in 2 parts.   1 is that the PCN wasn't justified in the first place and I wasn't aware it had escalated. I received the initial fine from TFL which I challenged and heard nothing back from (for 5 months). Then another letter from a separate PCN which made me email TFL to inquire what was going on but again, heard nothing back.   (BTW I can see how confusing this is so thanks again for trying)   So, I had no idea my car was at the risk of being taken - that's the first part.   No 2. is:   I got a phone call saying my car was on the back of a truck round the corner from mine (they hadn't left any notices or anything, and the car was parked directly outside my house). My friend said they were attaching the straps and securing it to the van (so I think they got it on the back of the van and moved it before securing it).   When I ran round the corner I saw the EA's van. I went upto it and asked what was going on. He was rude and told me to go away. Then after I kept knocking he got out the van and was aggressive and refused to ID himself or tell me why he had my car.   He shouted at me, was rude and unprofessional, he then left with my car. I complained to Marstons and asked for the bodycam footage.   They gave me the footage but it was clearly edited and cut short (because in the beginning of the footage he was the most aggressive).   They then told me he wasn't required to have the camera turned on when he's in the van, only when he's 'actively pursuing a warrant' and I was only allowed the footage I was in. (which is 2 different things) So I asked them to clarify which is true.   Anyway, I reviewed the footage and sent in my complaint (talking about what happened in the footage) They replied and said they watched the footage and disagreed with everything I said.   So I wrote a more in depth response with the CIVEA code to reference + the TFL EA guide etc.    Then they asked for more time, called me and finally apologised and admitted he had acted untoward and was in the wrong.   They then offered me the goodwill payment.   This has taken up weeks of my time, caused me serious trauma and PTSD and even after I complained WITH video evidence, they still initially denied it which means they officially lied, on record, while representing TFL.   I told TFL what was happening they said I had to continue with Marstons etc.   £250 goodwill isn't enough, the car cost £800 to get out, the suspension is messed up and I'd like to claim compensation for everything.   I don't know if that makes me sound like i'm money grabbing or whatever but they shouldn't be allowed to get away with it.   The police had to come before they could call an ambulance cause I was having a panic attack and it was a HORRIBLE experience.    So any help would be great please    I have the whole file from Resolver in a ZIP file but it's a lot of writing and I think you've read enough of my writing to last a life time!   I did a statutory declaration of OOT, got it signed by the court etc. but it was rejected.   I then tried to take them to court but it cost £250 I think which I don't have. You can get it for free if your low income but they wanted bank statements that I couldn't get. They're waiting for me to reply with documents to get a free court date.    did you receive any of the pcn's - was that why you appealed? - Yes, sorry!   unless it's trying secure a greater level of compo from marstons? - Yes, sorry!   For the record I just saw this pop up, read it and now feel much less guilty about my enquiry!
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Hi guys and a happy new year to you all.

 

a friend at work has come to me for help regarding a parking charge from our old favourites parking eye.

 

the letter she has received says that the alleged offence took place on the 29th of December last year

but the letter demanding 100 pounds is dated the 13th of January (received on the 16th).

 

I seem to remember reading somewhere that the company concerned has 14 days from the offence to make contact with the rk is this still (or was ever )correct?

thanks in advance

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For keeper liability they have to follow Schedule 4 of the POFA 2012.

 

For ANPR, paragraph 9 ;

 

 

9(1)A notice which is to be relied on as a notice to keeper for the purposes of paragraph*6(1)(b)*is given in accordance with this paragraph if the following requirements are met.

 

(2)The notice must—

 

(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;

 

(b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full;

 

©describe the parking charges due from the driver as at the end of that period, the circumstances in which the requirement to pay them arose (including the means by which the requirement was brought to the attention of drivers) and the other facts that made them payable;

 

(d)specify the total amount of those parking charges that are unpaid, as at a time which is—

 

(i)specified in the notice; and

 

(ii)no later than the end of the day before the day on which the notice is either sent by post or, as the case may be, handed to or left at a current address for service for the keeper (see sub-paragraph (4));

 

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

 

(i)to pay the unpaid parking charges; or

 

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

 

(f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—

 

(i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and

 

(ii)the creditor does not know both the name of the driver and a current address for service for the driver,

 

the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

 

(g)inform the keeper of any discount offered for prompt payment and the arrangements for the resolution of disputes or complaints that are available;

 

(h)identify the creditor and specify how and to whom payment or notification to the creditor may be made;

 

(i)specify the date on which the notice is sent (where it is sent by post) or given (in any other case).

 

(3)The notice must relate only to a single period of parking specified under sub-paragraph (2)(a) (but this does not prevent the giving of separate notices which each specify different parts of a single period of parking).

 

(4)The notice must be given by—

 

(a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or

 

(b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.

 

(5)The relevant period for the purposes of sub-paragraph (4) is the period of 14 days beginning with the day after that on which the specified period of parking ended.

 

(6)A notice sent by post is to be presumed, unless the contrary is proved, to have been delivered (and so “given” for the purposes of sub-paragraph (4)) on the second working day after the day on which it is posted; and for this purpose “working day” means any day other than a Saturday, Sunday or a public holiday in England and Wales.

 

(7)When the notice is given it must be accompanied by any evidence prescribed under paragraph*10.

 

(8)In sub-paragraph*(2)(g)*the reference to arrangements for the resolution of disputes or complaints includes—

 

(a)any procedures offered by the creditor for dealing informally with representations by the keeper about the notice or any matter contained in it; and

 

(b)any arrangements under which disputes or complaints (however described) may be referred by the keeper to independent adjudication or arbitration.

 

 

http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted

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thanks for your reply. so if my understanding is correct then they are a day late in serving the ntk?

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thanks for your reply. so if my understanding is correct then they are a day late in serving the ntk?

 

Well the NTK has to be received in 14 days.... You are saying this isn't even dated in time!

Make sure it is not the reminder letter, then a simple response from the RK stating that they are not liable for the charge as the NTK is not compliant with schedule 4 of the POFA 2012.

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if this is the supposed NYK then it is 3 days too late, it has to be issued within 12 days and then they get 2 extra days to serve the notice. So, issue dates 30th-10th inclusive, service by 12th at latest.

As it was christmas PE seem to have realised they couldnt send out their NTK's in time so sent out other demands or sent them late and hoped no-one will know better. Undoubtedly they will claim taht they were compliant and may even produce a copy of the original but you can stuff them on that one should it be necessary by demanding the metadata from the creation of the letter. Obviously they wont be handing it over so will either lie or withdraw their claim "as a gesture of goodwill"

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If you want to you can send a letter to the DVLA and ask them who has accessed your keeper details, when and for what reason.

I would bet the PE will claim to have sent out the NTK under the 12 day rule on the 29th but if they didnt get your details from the dvla before 4pm the same day you parked that would be an impossibility.

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Thanks for your input guys I've passed it on. as for the letter itself it seems very vague about what they are claiming for it says things like you have either failed to purchase valid parking time (whatever that is) or not parked in accordance with the terms and conditions.

their so called evidence consists of 2 black screenshots with only her reg visible. (time stamped) also I noticed on their letter that they say she can appeal to them direct if she fells the ticket is unfair there is no mention of p.o.p.la or any other sort of appeals panal that she can appeal to just themselves which I thought was a requirement when sending people these demands.

I also noticed that there was no mention of the pofa in their letter which is I presume the bases that they are claiming on. any thoughts? cheers

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The NTK normally has the POFA and POPLA information on the reverse side...

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just checked and there is nothing about either on the ntk (just ways to pay) the only appeals they are offering must be to them direct (it says appeals can only be made in English as well).

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Well if they are not claiming to use the POFA then only the driver can be held liable.

 

The RK should reply as post #4, and tell them to take the matter up with the driver... who you are under no obligation to name and will not be doing so.

 

Add that no further correspondence will be entered into and any further received will be treated as harassment and dealt with accordingly.

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so this is a follow up letter to the non-existent NTK that wasnt sent out on the 29th december and no other day to be valid for this further claim. Check with the DVLA regarding the access to your data and if the access request via KADOE was later than 1600 on the 29th they can never be within the time frame allowed by the PoFA so you can respond telling them they have been caught with their trousers down and to go and bother someone else as you are not liable.

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