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    • Just remembered!   Now I know this is no laughing matter for either your or your parents, but I guarantee if you read the following  http://nebula.wsimg.com/e3da92cb966c72de63ec1f98605c2954?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1  by the end you won't be able to contain the giggles 🤣   On a more serious note, quote this in your WS as a persuasive case in (5).  Here there is VCS, someone who left the site, no locus standi, lots of stuff similar to your parents' cases.  And VCS took one hell of a hammering!         
    • You are wonderful, Dave!!   I shall get the WS drafted soon as I can! Thank you so much for your help!
    • I thought they were not allowing people to sign for recorded delivery/special delivery now meaning it could still be argued that they ever received it     
    • Don't worry about the questions - that's what we're here for.   I'll try and flesh out the arguments and answer your questions at the same time.  Let's use "I" to refer to your mum as it's her WS.   1.  Sequence of events Describe briefly that the driver parked in the retail park and visited Citygate garage, thinking it was part of the retail park.  Upon return to the vehicle there was no windscreen ticket or indication of any infringement.  Later I received a PCN for parking in a restricted area, then various threatening letters, after a Letter Before Action which I replied to and finally a claim form.   2.  Locus standi VCS are not the landowner.  The contract they have provided is not with the landowner, it is with another company, it ran out in 2018, the company it is with went into liquidation in 2019, the contract cannot possibly be valid.   3.  No keeper liability VCS should be suing the driver, they have not established keeper liability under POFA (you know all about the 29-56 day stuff, quote it all from POFA).   (Yes!  Good find on their sign!  Include the sign and say VCS maintain they have images that can identify the driver and yet have not identified me as such).   (Yes, keep it vague as to who was driving, it's up to VCS to prove, not you.  They could easily have used POFA correctly but have complete contempt for the law so haven't).   4.  Planning permission VCS go to great pains in their WS to emphasise their signage, none of which I disagree with.  However I do not believe they have planning permission for these signs which is a criminal offence under Town and Country [Advertisements} regulations and means no contract could be formed.  I have requested proof of planning permission from VCS by means of a CPR request but they have not replied.  I have searched XXXXX council planning portal and I cannot find planning permission for the signs.  Their CoP incudes that they must obtain all legal permissions yet they have not done so (look up the bit on the IPC CoP):   (You can't prove a negative.  The work you've done here is more than enough.  They have to prove they have planning permission yet have not).   5.  Predatory practises These are forbidden by the CoP (again, look the section up) (a)  The driver did not find the Notice to Driver on their return to the car although it appears in VCS's photos.  As the car park is patrolled, it is unlikely that a member of the public removed it.  I believe the patrol officer photographed it and removed it.  This is a well-known tactic used by PPCs so that the motorist misses the chance to pay during the discounted period.  I enclose a statement by Mr XXXXX which confirms what i say. (b)  The driver visited Citygate garage which is a matter of metres away from the retail site, in fact the driver thought it to be part of the site.  The patrol officer could easily have mitigated the loss by informing the driver of their mistake, yet did not. (c)  The parking violation alleged was to have left the site, yet the PCN is for a completely different violation, parking in a restricted area.  The area was not restricted, there were no permits to show or payment to be made, it is a free public car park.  This error was made either out of incompetence or deliberately to confuse me and make it impossible to appeal.  In any case in their WS VCS are alleging a completely different breach of contract that that stated in their PCN and in all their previous correspondence I would point out that the patrol officer will not attend the hearing so I will not be able to cross examine him, and I am confident that neither will the WS author since from research I have carried out I have discovered that neither Ambreen Arshad nor Mohammed Wali (VCS's other paralegal) who always write the company's WSs ever attend hearings, presumably to avoid cross examination.  Its is especially easy to attend on-line hearings during the COVID pandemic as no travelling is involved.   6.  Unicorn Food Tax Easy, copy from Alaska 101
    • Good evening. thank you for the add. I have a problem with returning a Dell laptop within a 14 day cooling off period. I bought it online on the Dell uk website, and it was delivered to me on the 6th of September. I could not set it up because I was stuck at one of the steps (got the frozen screen and I could not get past it waiting for hours for something to happen). Then I contacted Dell Technical Support. I spent over 4 hours with their advisors on the phone and whatsapp and they could not help me to resolve this problem. So there seems to be a software( or hardware?) issue and I want to return it. I have tried to arrange a return thru the Dell website by picking the date, however, I did not receive any email confirmation of this and nobody showed up on the day. I phoned and emailed and they said I could not return it. Earlier this week I have contacted both their customer service and complaints emails with no success. They are not giving me their returns address. The guy in the 2nd email was trying to offer me a £130 off voucher but never got back to me with the returns address in the UK. I have used the Resolver  site yesterday to write another complaint quoting Dells own returns policy as well as the Comsumer Rights. My return window is running out. What can I do now?
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2 Year old PCN / CC / OFR sent without house number


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Hi all,

 

a bit more than a month ago

I received a 2 year old PCN from southwark that I had completely forgotten about.

 

 

I noticed the letter had no house/door number.

It looked like one of the neighbours put it on the envelope in pencil and then delivered.

 

 

I ignored it as I believe I don't think that it is enforcable without having officially delivered

and having my full address on it?

 

 

As far as I am concerned it could be someone else on the street.

The post lady however knows ofcourse that it must be me and keeps dropping them with my other mail.

 

 

I have received a CC a few weeks ago and finally yesterday the OFR.

The first 2 letters I opened, but the OFR I have not opened.

Am I right in thinking that writing undeliverable -

no house number on the envelope and returning it will get me out of this,

or at least they realise they cannot chance it any longer and have to enquire with the DVLA to get my full details?

 

 

I don't even have the vehicle anymore, which is probably why they cannot get the details

and just rely on a vague memory from a previous PCN?

 

Any insights into address field legalities would be much appreciated as I cannot seem to find anything online about it.

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Hi all,

 

a bit more than a month ago I received a 2 year old PCN from southwark that I had completely forgotten about.

This doesn't make sense. If you already knew, but had forgotten about it, you can't just have received it.

 

I suspect what you received a month ago was a Notice to Owner. Is that right?

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This doesn't make sense. If you already knew, but had forgotten about it, you can't just have received it.

 

I suspect what you received a month ago was a Notice to Owner. Is that right?

 

Sorry, yes, of course! NTO, not PCN! Thanks for pointing out!

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Your mistake was to ignore the NtO and not make representations then, since the council must serve the NtO within 6 months of the PCN. You could have knocked it on the head there and then.

 

Now it's more complicated. The OfR gives details how to submit a witness statement to TEC, but you would have to declare that you never received the NtO, although given it has no house no. on it , is feasible.

 

Did you appeal the PCN at the time iie 2 years ago? If so, did you receive any reply from the council

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No, the above background was a different one. I actually managed to appeal the LA decision with an adjudicator and he agreed with me that it should be cancelled.

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Your mistake was to ignore the NtO and not make representations then, since the council must serve the NtO within 6 months of the PCN. You could have knocked it on the head there and then.

 

Now it's more complicated. The OfR gives details how to submit a witness statement to TEC, but you would have to declare that you never received the NtO, although given it has no house no. on it , is feasible.

 

Yes, I will just proceed this way, ie sending the witness statement pointing out that neither the CC had a door number nor the OfR and hence leads me to the believe that no NtO was received due to the same mistake.

 

Did you appeal the PCN at the time iie 2 years ago? If so, did you receive any reply from the council

 

I think I never appealed the PCN, because I never received a NtO until now.

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No, the above background was a different one. I actually managed to appeal the LA decision with an adjudicator and he agreed with me that it should be cancelled.

ok. cheers. :) (can you add a note to that thread, saying such, for closure on it.)

IMO

:-):rant:

 

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  • 1 month later...
Your mistake was to ignore the NtO and not make representations then, since the council must serve the NtO within 6 months of the PCN. You could have knocked it on the head there and then.

 

Now it's more complicated. The OfR gives details how to submit a witness statement to TEC, but you would have to declare that you never received the NtO, although given it has no house no. on it , is feasible.

 

Did you appeal the PCN at the time iie 2 years ago? If so, did you receive any reply from the council

 

Hi,

 

so good news is, it's all rolled back. Bad news is that I just received the NtO again, with the same mistake on the address line again, so thanks mister post(wo)man for knowing too well where to drop this :)

Anyhow, as this NtO is 2 years too late, am I right in assuming that this is unenforcable?

I read somewher years agoo that PCNs are only valid for 1 year (if no further correspondence received), no I hear 6 months? Is that true? Can I just say that the time to enforce has lapsed and appeal on said grounds?

 

Thanks in advance everyone!

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Anyhow, as this NtO is 2 years too late, am I right in assuming that this is unenforcable?

 

No, it is enforceable. Having had your witness statement accepted the council are entitled to re-issue an NtO.

 

So now you can either make a formal representation against the original contravention or pay the full penalty.

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An effective defence, if you are willing to attend an adjudication hearing if necessary, is that you cannot defend the charge at this point as the alleged contravention was so long ago. Adjudicators have upheld that line for PCNs much more recent than two years.

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