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    • I'm afraid I think I would blitz it so as well as emailing the people you have just messaged, I would send messages out to everyone else. Part of the point is to engage in a campaign say that you disturb everyone. As the landlord has given a "care of" address, I think you could reasonably use that the service of proceedings if you need to. However I suggest that you check on the land registry web search and you may get more information. I'm quite sure that your tenancy agreement entitles you to peaceable enjoyment of your property and so from that point of view – yes there's probably breach. Also, do you have gas central heating and is there a gas safety certificate? Is there an electrical safety certificate? Are there smoke alarms? I think you should start going through the Internet and see what are the obligations of a commercial landlord in the circumstances and get a checklist and see what's missing. Now the time to cause trouble. However, don't forget that this will put you in conflict with your landlord and I expect there will be looking to get you out. When you moved in did you take pictures of the condition of the property? I should start taking pictures now – because if you do end up moving out either because he says you notice or else because you simply decide to up sticks, I can imagine that with this kind of attitude they may be some conflict over the condition of the property and therefore some conflict in respect of obtaining the return of your deposit or at least being refunded all of it. I'm afraid that you need to gear up here.
    • Y daughter just told me she’s been paying off a fine for £600    a bailiff called at her next doors ,  whist there they clocked her car in the drive way , not scorn not taxed off the raid ... I know i know  broken waiting money spending on it [ Ford]  turns out the DVKA took her to court in Bristol long waynaways because she hadn’t told the DVLA she’d moved and BENETTS  bought the debt , and chased her up at the new address to collect the payments ... how horrid is that? 
    • Hi BankFodder,        Thank you for your quick reply,  we feel a bit vulnerable living here with our two very little girls,   your reply is very much appreciated.   The Letting agent is Space4Living,  they say they wont do anything about it,   they only say it is a civil matter.   The landlord's name is on the Tenancy Agreement,   with the letting agent as a 'Care of' Address.   I have just sent an email to the local Environmental Health about everything,     and we will see what they say about it all.   Because the landlord seems not to be bothered about it,    if he does nothing or very little about it,    would he be in breach of our tenancy agreement ?   Cheers,    KFC  
    • Please advise if the following is ok to use?   I will say as follows:   It is admitted that Defendant is the recorded keeper of xxxxxxxx With recent dismissed claims such as claim no. Xxxxxxx it has come to light that the contract with the landowner stipulates 2 hours free parking at the Berkeley Centre car park and thus this case should also be dismissed not wasting valuable court time as the vehicle in question was parked for less than 2 hours.  The claimant in this case is not the proper claimant. As can be seen in their "contract". If there is a valid claimant at all it should be Excel Parking Services and not Vehicle Control Services.   Therefore, if any contract exists at all, the Landowner gave Excel Parking Services that contract. That contract is highly unlikely (although it cannot be proven as the claimant has not produced it) to give Excel Parking Services the right to assume the rights of the landowner and assign rights to another party.   While both Vehicle Control Services (Company number 02498820) and Excel Parking Services (Company number 02878122) have the same 'controlling minds',  & they are run as completely separate companies and cannot assign rights to one another on a whim and/or without the express permission of the landowner and even then, those rights can only be rightfully assigned by the landowner themselves and as that has not been produced as part of their witness statement one can only draw the conclusion that this is because that right (by way of contract of assignment) does not exist.   Further, while dealing with the so called "contract", it is not valid now and was not valid on the day that the event that brings us here today took place. As can be seen clearly on the contract, the contract was made for a FIXED PERIOD of 36 months from 25th November 2010. This means that this contract expired on or around 25th November 2010. As no renewed "contract" has been provided, again one can only assume that on the balance of probability, it does not exist.   In either case, as has been shown, Vehicle Control Services are not the proper claimant therefore there can be no cause of action as Vehicle Control Services has no Locus Standi to make or bring a claim and waste the valuable time of this court. If a contract existed at all (and there was a subsequent breach) it would either be between myself/driver and Excel Parking Services or myself/driver and the landowner. Vehicle Control Services are merely a third party and do not (as they have shown themselves in their own evidence) have a valid contract in place to manage the car park.   There is nothing said in the evidence to assert that Vehicle Control Services are acting as an agency on behalf of the actual contract holder therefore Vehicle Control Services cannot (and indeed do not claim to) have privity of contract. Dunlop Tyre Co v Selfridge [1915] AC 847, in which the action failed because although there was a contract, the plaintiffs were not a party to it and "only a person who is a party to a contract can sue on it," (per Lord Haldane).     This position (Vehicle Control Services being the wrong claimant) is backed up by their own evidence bundle. I refer you to photograph 28, 29 and 30 in the claimant’s bundle which clearly shows a 'Car Park' sign. The logo in the bottom and top right of the signs is for Excel Parking Services and not Vehicle Control Services who are making the claim in this case.   Vehicle Control Services know this to be the case as there have been many dismissed cases and discontinued claims.   Vehicle Control Services -v- Ms A. C6DP7P37 at Birmingham County Court. Dismissed. Wrong Claimant. Vehicle Control Services -v- Unknown. C1DP3H5V at Birmingham County Court. Discontinued. Wrong claimant.   As well as all of the following Discontinued claims. A8QZ6666, 3QZ53955, C8DP9D8C, C2DP0H7C, C1DP3H5V and C8DP37CH et al, all discontinued when it was pointed out to BW Legal that VCS had no right to pursue the matter as they were not the rightful claimant.   It is denied that the Claimant has complied with Schedule 4, Protection of Freedoms Act 2012; see paragraph 5.1a (enclosed). The car park signs are owned by Excel Parking, see claimants bundle 28, 29, 30 photographs and I have not entered into a contract with VCS. Following receipt of parking charge notices and letter before claim, I wrote to the Claimant stating that the Berkeley Centre pay and display car park is not managed by the Claimant but rather another party and invited the Claimant to drop their claim. Upon receipt of County court claim form Under CPR 31.14 on 14th August 2019 I requested evidence of the Claimant’s contract between VCS and the landowner that assigns the right to enter into contracts with the public and make claims in their own name, and proof of planning permission granted for signage etc under the Town and Country Planning Act 2007.  The Claimant refused to comply with this request and have provided no evidence of their connection to Excel Parking. I have yet to receive any evidence of myself the Defendant entering into a contract with the Claimant (Vehicle Control Services) nor any evidence of planning permission granted for signage. It is denied that the Claimant entered into a contract with the Defendant. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. ‘VCS had no right to claim damages in trespass against motorists…and that the penalty charges did not constitute, in VCS’s hands, such damages (and) that there was no contract between VCS and the motorist.’ The Claimant did not evidence any contract by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the carpark is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. The proper Claimant is the landowner. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all.   Thanks  
    • Latest info      Creditor Claims Of £535,636,017  This is the extent of the damage Wonga has caused... I hope this serves as a lesson to everyone. Please steer clear of PDLs.
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asdanemma

NCP ANPR PCN - NCP Lincoln Central **CANCELLED**

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HI

I drove into the NCP in Lincoln several times over the last few weeks to collect keys from an office behind.

I park in the private car park at the back.

You have to drive through the NCP to get to it.

 

I have received a PCN for £100 as they clocked me going in and then leaving 19 mins later. I didnt park in their car park!!!

I will get several more of these over the next few days so am livid.

 

Surely they cannot charge you to drive through their car park, it is the only entrance to the private one at the back that they dont own.

 

Also, now they photograph you arriving and leaving does that mean i cant wait in there anymore for my disabled partner?

They are getting bad.

Any advice appreciated

Thanks

Edited by dx100uk
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Hi,

Before we advise, can you fill this out please

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket&p=4883055&viewfull=1#post4883055

 

Please ensure you say exactly which car park this is.


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Are you saying that driving through their car park is the only available access to the private land?

 

Who is the owner of the NCP car park?

 

Who is the owner of the carpark you are getting to?


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I have no idea who owns the car park i was going to but it is an entirely seperate entity to NCP. I think the council owns the NCP car park

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Who owns the office that you go to? Do they have the right to use the private car park and are they entitled to grant permission to people like yourselves who visit the office?


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For tickets received through the post (Notice to Keeper) please answer the following questions.

 

1 Date of the infringement: 15/03/2018

2 Date on the NTK: 03/04/18

3 Date received: 06/04/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? No

 

5 Is there any photographic evidence of the event? Yes, front of car entering and back of car leaving. No photos of car stationery

 

6 Have you appealed? Not yet

Have you had a response?

 

7 Who is the parking company? NCP

 

8. Where is the car park? NCP Lincoln Central – free school lane lincoln

 

For either option, does it say which appeals body they operate under.

There are two official bodies, the BPA and the IAS. If you are unsure, please check here

 

BPA

Edited by dx100uk
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According to the dates you have given, the Notice to Keeper is Out of Time. This must be received by the keeper within 14 days as it is a camera controlled car park (ANPR)

 

Looking on Google, it seems there is only one entrance/exit to the site therefore (and if it can be proved) the private car park is a separate entity to the NCP car park and should be treated as separate land.

 

NCP are usually good with appeals and rarely take court action. Can you revisit the site and take pictures of all the signs and especially where you parked. Any signs that are different to the NCP ones should be photographed.

 

As for an appeal. Personally, I would go for it but without mentioning they are out of time. Keep that under your hat for later


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Good old No Clue Parking.

 

If you can answer the questions at post #5 that'll help.

 

 

If the only access to the private car park is via the NCP, the people that own/lease the car park that you're going to must have some kind of agreement with NCP. I'd be asking them first if they can help.

 

Failing that, as silverfox has said, according to the dates that you've given, this is going absolutely nowhere anyway. They're out of time to create keeper liability, so as long as they don't find out who the driver was they've got no chance!

 

You'll get all the usual threat-o-grams of course, but this isn't going anywhere near a court.


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Thanks. They said they've been to dvla And have me as the driver

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Who owns the office that you go to? Do they have the right to use the private car park and are they entitled to grant permission to people like yourselves who visit the office?

 

Good old No Clue Parking.

 

If you can answer the questions at post #5 that'll help.

 

 

I'm not sure that we have received these answers yet


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no contract between you and them and anyways,

they are breaching the DPA by even recording your number plate and then processing that data!

 

they will owe you money if you wish to pursue this but what I would do is ask the company whose land you visited what they do about false claims.

 

PE have to run a whitelist in a couple of locations where there is a right of access over land their cameras stare at and they will be fined a massive sum if they get it wrong so no reason to suppose that the same is not a possibility here.

 

Once you have this info them a short letter telling them that they are wrong and will be in trouble if they continue to harass you should the end

 

the matter. If it doesnt they are still wrong but you have more options depending on how far you want to take it

Edited by honeybee13
Paras

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It would help us if we knew where you were actually visiting and the place you parked. You can do a screenshot of the car park from google earth and then put a cross where you parked and of course any signs that differ from the NCP ones.

 

Your basic appeal is one of that you didn't park on any relevant land as the parking area visited was not part of the NCP car park.

 

Also, read the NTK again. DVLA do not give out details of the driver, only the keeper so any appeal MUST NOT include the drivers name. Just say, 'The Driver' If you ever did give them your name as the driver, this would negate any action you take and make things easier for NCP to chase the driver.

 

PE have to run a whitelist in a couple of locations where there is a right of access over land their cameras stare at and they will be fined a massive sum if they get it wrong so no reason to suppose that the same is not a possibility here.

Erm! was this just an example or are you thinking this thread is a PE one?


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It seems we have another person who seeks advice but then won't engage with this thread.

 

It makes it very difficult for all the highly motivated people who want to provide support


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The office I go to has 1 space in this porivate car park, the others beking to other offices, i always use it if empty as it is private

 

Thanks, im off down tomorrow and will take photos etc so will know more then. In the m eantime do i reply to NCP

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Who owns the office that you go to? Do they have the right to use the private car park and are they entitled to grant permission to people like yourselves who visit the office?

 

The office I go to has 1 space in this porivate car park, the others beking to other offices, i always use it if empty as it is private

 

Thanks, im off down tomorrow and will take photos etc so will know more then. In the m eantime do i reply to NCP

 

we are trying desperately to work out if you should reply to NCP and what you should say. However, you are making it extremely difficult because you won't actually address the questions which are being put.

 

It's a bit like pulling teeth.


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To answer silverfox's question, yes I was using it as an example because these clowns should be doing the same so that way you and others dont get harassed and they dont drag people to court and lose when there is a very simple alternative.

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Latest - NCP DO NOT Own the land that the Serco car park is on. The only way to access the Serco car park is by entering the NCP car park/

. Serco have had a lot of trouble from NCP n the last few weeks andf cancelled a few tickets

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Latest - NCP DO NOT Own the land that the Serco car park is on. The only way to access the Serco car park is by entering the NCP car park/

. Serco have had a lot of trouble from NCP n the last few weeks andf cancelled a few tickets

In that case has SERCO got an unrestricted right of way accross that NCP carpark for vehicles accessing it? Wonder if DPD, DHL and Yodel keep getting ticketed for delivering to SERCO?


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Well, as the land is owned by a company with no financial link to NCP then this charge should be cancelled. There is no liability for crossing land to get to another site. NCP should have ensured that the vehicle actually parked on the land in question before going to the DVLA and as such, they are in breach of th KADOE contract they have with DVLA and should be reported. There is also potential for a breach of the Data Protection Act by accessing data they had no right to have in the first place.


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Problem for NCP is that their poxy ANPR only tags vehicles in and out, it has no camera probably that logs who is going in and out of SERCO, something it needs to be able to say that the vehicle actually parked in their area. and didn't just drive through to access SERCO.

 

I think if they were silly enough to do court proof that SERCO was the destination along with a right of way to access would blow them out of the water.


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Hi

Tnanks, I expect a few more fines yet but i have uploaded the photos so you can see it is a seperate entity

20180412_163727.jpg

20180412_163731.jpg

20180412_163745.jpg

20180412_163722.jpg

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Sorry can you please post up the letter where they use the word FINE?

 

Pop all those pic into ONE multipage PDF so we can zoom them

Read upload


..

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Erm, hang on a minute. :|

 

You've got a NtK From NCP? That sign says UKCPS.

 

 

If I'm correct on both counts, even ignoring the Serco private parking area, this is going to be an easy win :lol:


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I agree. At the entry to the site it clearly states NCP yet that sign says UKCPS. there is an NCP sign as well in the picture but further back.

 

It can't be stated more clearly than the road markings showing the SERCO so NCP have no claim on the land in question. A pretty poor show from NCP as they obviously haven't though this out properly.

 

I wouldn't even bother with an appeal, just a simple letter stating that there is no cause of action as 'The Driver' did not park in that car park I would also complain to the DVLA as NCP have obtained your private data with no grounds


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mke sure that your letter is very firm., no mention of appeals just a plain worded you are wrong (for several reasons but the not parking bit should be the only one you need to mention) and that if they dont cease this nonsense you are minded to take action against them for the unlawful processing of your personal data as per VCS v Phillip Liverpool CC dec 2017.

 

They generally dont take any notice of threats of being sued but mention a specific case where they knwo the outcome is certain they should actually take notice

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