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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted 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 car park 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. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. 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. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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NPE ANPR PCN - Norwich , Imperial house, Residential car park


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I run a small man and van business

in September 2017 I was delivering some boxes to a customer from a storage center to a new apartment she was renting in the city centre.

 

On arrival I noticed the National Parking Enforcement sign saying "no waiting and no parking"

 

I called the number on the sign which I have done on many occasions with different companies all over the uk to let them know what I was doing and how long I would be

 

however the number only took me to an automatic payment line so I could not advise them, any way there was 2 of us on the van so we unloaded into the foyer of the building and I drove round the block whist my porter took the boxes to the apartment.

 

my van was stopped for 4 1/2 minutes which included telephoning NPE and unloading

 

I have since had several letters even after I appealed the charge.

I have also told them to take me to court for a fair hearing as the £100 charge Now increased £160 with charges in my opinion is unfair.

 

As the car park at he rear of the building was full and the front of the building is on a very busy main road with bus lanes my only option was to park where i did.

 

I have explained the reasons why I stopped where I did when I appealed however this was disregarded by NPE.

 

Do you think I would win in court as my customer also told me I was ok to unload seems strange that apartments can be rented out and the removal company gets a ticket for actually doing a job.

Edited by dx100uk
ParasSpacing
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Hello and welcome to CAG. What you've had sounds as if it could be standard correspondence, going by the amounts.

 

Could you start by giving us the details from the forum sticky please? It will help us to advise you and I don't think we'll be telling you to pay. :)

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

Best, HB

Illegitimi non carborundum

 

 

 

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Safe to ignore now unless you get a letter of/before claim

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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1: date of infringement 15/09/17

 

2: Date of NTK 20/09/17

 

3: Date Received NTK 22/09/17

 

4: NTK mentions schedule 4 of protection of freedoms act

 

5: photographic evidence

 

6: Appealed (yes) 22/09/17 Response rejecting appeal received on 31/10/17

 

7:National Parking Enforcement IAS

 

8: 3 Letters from Debt Recovery Plus : 2 letters from Zenith Collections : 1 letter from Gladstones Solicitors

 

I hope this helps

 

The location is Norwich , Imperial house, Residential car park

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shame you appealed and ID'd yourself!

 

but post 3 applies

 

will you ever be driving by there to get photos of all the signs?

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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Share on other sites

I appealed because i thought it would be ok people moving into a residence use removal men with vehicles.

 

I park every where and never have any trouble even traffic wardens in London etc have never stopped me from doing my job.

 

I can go and take photos of signs its only a few miles from where I live.

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no rush

but would be useful

if you ever do appeal again on a private parking ticket

ALWAYS use the term 'the driver' never yourself in the first context

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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Just totally ignore them unless they issue you with a Court Summons. They shouldn't be stupid enough to do that as under their own Code of Conduct they must give you at least 10 minutes to read their notices and find a place to park. Didn't they give you a POPLA number ? Probably not as they know they would get shot down by POPLA.

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...and "no parking no waiting" means they can only, at worst, sue you for trespass - but they'd also need to be the landowner to do that. It won't stop them trying to fleece you out of £160 though. There's no profit in being fair.

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Hi

As it happens, I am going to an ESA assessment on Mountergate this afternoon, just around the corner from Imperial House. I will try and get some pictures from the site in question but don'y hold me to it as ESA assessments tire me out enormously,

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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now 2 things to consider with this,

 

firstly the sigange is prohibitive so not a genuine offer of a contract to park and that menas the charge of £100 is an unlawful penalty.

 

Secondly, the time you were there is less than the 10 minute

MINIMUM grace period so for both of these reasons a court claim against you would fail.

 

As for the matter now being £160, that is just the dca and parking co colluding to rip you off as there is no contractual or legal obligation to pay more than the advertised sum, even if you owed any money. They rely on lies bluff and ignorance to make a dishonest living.

 

There is also a thing called mitigation and your action phoning tem and them not having a proper phone system to deal with this means that you have done all you ca to try and stop a breach ( not that there is one) and they have done nothing so they lose on this point as well

Edited by honeybee13
Paras
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As I said, a few pictures. To get them I had to drive on site so if I get a PCN for the two minutes I spent there, the bovine excrement will hit the rotary air cooler

 

:!:

One image (right by the front) shows that you need to enter to read the terms and conditions but on doing so it states 'No Parking-No waiting' they have trapped you into getting a PCN. There are three different signs (and plenty of them) and I expect that the IAS will ignore the motorist and side with NPE but even then, I would love it if they took court action. (very doubtful though)

imperial house norwich.pdf

If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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I also recognise that address of the business concerned, you will find a number of other companies listed there to do with parking but they all have one thing in common- none of them actually list the true names of people who control the businesses.

 

Step forward Ashley Cohen and take a bow and whilst you are at it explain why this co, with membership of the IPC rather than your other dodgy firms that for some reason are still BPA members like CEL and why if your business is in hock to a comapny run by someone whose main job appears to be looking after money for people who dont want their names on any companies house documents.

 

Im sure that there is an honest and logical reason for all of this but you just have failed to show one in the last 10 years so conspiracy theorists will assume that you are just hiding money for crooks. I know that what with all your charity work this cant possibly be true. Now where does all that charity money sent to Israel end up? Please dont be shy, you could get a knighthood from Jeremy when he becomes PM

 

So, not a lot to worry about as the signage is pants on many levels

Edited by honeybee13
Paras
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  • 5 years later...

Any update here?  I ask as we have a new user taking on these jokers.

We could do with some help from you.

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Timewarp...

didn't notice the date on posts and thought a couple legendary old users had rejoined the fray!

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

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