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    • I have added their poc in your above post for clarity.   you need to address para 3.    bump point 3 forward down 1 number and add in:   3. Paragraph 3 is denied as I am unaware of any legal assignment or Notice of Assignment allegedly served in yyyy by either the claimant or the original creditor .    if mcol is still flaky ….   MCOL is only one way of responding to a claim.  . If you are having problems logging in, or would prefer not to use MCOL,  you can fax, email or post your response to the Court instead.  If you send your response by e mail  please send it to ccbcaq@hmcts.gsi.gov.uk and ensure you quote “Claim defence response” and quote the claim number in the subject field.  . neither by email nor MCOL do you need to inc I confirm that the above facts and statements are true to the best of my knowledge and recollection.
    • you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence. you've been here +6yrs and have numerous court threads and numerous private parking ticket threads  but somehow always seem to screw up one way or anther..   if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .   POC   1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.   2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract).    3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.   4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.   5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).   defence:   1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.   2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.   3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.   4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park.    needs firming up people...   you can file by email if MCOL is playing up still though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,      
    • OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.   Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!   Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.        
    • I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much.    Thanks  Andrew 
    • now read the letter properly and carefully.... doesn't say WILL anything...   unless you are purposefully buying these in bulk and knowingly doing it their client will not be the least bit interested in you.
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mrpenguin

NIP Dated 87 Days After Alleged Offence

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Hi there,

 

Looking for advice on how to handle & respond to the following:

 

Received NIP today 10th March 2016, the NIP was dated 9th March 2016 with the alleged offence occurring on 13th December 2015.

 

Offence was 41 in a 30 zone.

 

The wife was driving at the time.

 

The wife has been the registered owner/keeper for about 4 yrs.

 

The vehicle and plate have been registered at the current address for over 12 months.

 

I've seen comments and advice about NIPs needing to be served within 14 days of the offence, which this is clearly outside, but what I wanted to know is what is my/wife's positon here, who should we write to and what should we say

 

Many thanks in advance for any help :-)

 

Mr P

Edited by mrpenguin
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How long the police have to issue a speeding notice

The police must serve an NIP within 14 days of the alleged speeding offence, but there are some circumstances in which the notice will still stand even if it's served later than this, for example:

 

if extra time is needed for the police to act with 'reasonable diligence' to find out who the registered keeper is and how to contact them; or

if the delay was the driver’s fault, for example because they have not told the DVLA of a recent change of address.

 

 

Source: http://www.which.co.uk/cars/driving/driving-advice/dealing-with-speeding-tickets/speeding-fines-your-rights/


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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s.1 Road Traffic Offenders Act 1988 says that a NIP must be issued within 14 days of the offence. It specifically says that you cannot be convicted unless you are issued with a NIP within 14 days. Since they know this, their conduct amounts to fraud under s.1 Fraud Act 2006 (and misconduct in public office).

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No it doesnt.


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Just to update - it turns out my wife didn't change the V5 details when we moved so the original PCN went the old address. Ironically it was about 10 days after our mail redirect expired. The new occupants passed any mail to our old neighbors who passed it on to us after we checked. So considering they had the wrong address originally and subsequently had to send a 2nd notice after checking where we did live, it is considered reasonable diligence.

 

Subsequently my wife has since attended a driving awareness course :-)

 

Thanks all for you input.

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