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    • I wouldn’t want to live under a repressive government that had a centrally controlled economy and actively suppressed dissent. Yet such an economy could bring massive resources (financial and manpower) into play.   Coronavirus: How can China build a hospital so quickly? https://www.bbc.co.uk/news/world-asia-china-51245156   It isn’t just that it is being built so quickly, but also that it is being built with infection control in mind, and means other healthcare facilities can transfer suspected cases there, retaining their capacity to treat non-respiratory illness patients.
    • I cannot see how they can issue a Court claim, if they have not issued a default notice.   You might owe a debt, but if the terms of the account require the Bank to take certain actions before they could enforce the debt in a Court, then I would suggest you study the account terms/conditions very carefully.  If you can become expert in understanding the account terms, this might come in handy, if you ever did have to defend a Court claim.
    • The key determinant to UB’s scenario is : at what point in relation to when they develop symptoms are those people infectious.   Chickenpox, for example, is infectious (by airborne droplet spread) 2 days before the rash appears. So, the patient might feel a “bit unwell / virally ill” without any specific signs, and not have sufficient symptoms / signs to allow action to be taken.   There isn’t enough data (yet!) to know when 2019-nCoV becomes infectious.   https://www.cdc.gov/coronavirus/2019-ncov/about/transmission.html   “Best guess” is when they start having symptoms of coughing and sneezing, at least that will be peak infectivity.   If they are soon to become symptomatic, how infectious is a single cough or sneeze? Nobody yet knows. Edit: hot off the press: China coronavirus 'spreads before symptoms show' https://www.bbc.co.uk/news/world-asia-china-51254523   As for “Do the Government/NHS have sufficient contingency measures in place to deal with any such crisis ?“   The Agency leading (at least for England, each of the other 3 nations of the UK has a similar body) is Public Health England. It isn’t part of the NHS per se, (but works with the NHS). It is “government”, but quasi-autonomous.  It describes itself as “We are an executive agency of the Department of Health and Social Care, and a distinct organisation with operational autonomy”.   PHE has issued guidance, both for primary care and secondary care, for (amongst other things): a) who gets tested, b) case management, and c) infection prevention measures.   Whilst more information specific to 2019-nCoV is being learnt, these are pretty much based on what we know from SARS and MERS, but I’d expect them to get “fine-tuned” as we know more.   So, there are plans.   2 factors spring to mind immediately, though.   A) Can the plans be fully implemented? Hospitals are already facing bed pressures. If demand for resources (such as FFP3 masks) soars: will supplies match demand? (Both for “total number of units available overall, over the total period of demand”, but equally importantly  “supplies deliverable on demand: what would be the equivalent of ‘cashflow’ for a bank“)   B) Availability of testing. With a small number of cases meeting the case definition, each can be tested. If 2019-nCoV becomes widespread, will the availability of testing match demand? What will the turnaround time for testing be?   Will testing matter if it becomes widespread? At the moment, there is widespread availability of testing for Flu and the most common respiratory viruses. This is useful so that they can prioritise the isolation of Flu A patients in hospital, and offer them treatment for FluA, and Mrs Bloggs who looks like they might have flu, but actually has picornavirus on a background of chronic bronchitis doesn’t get isolated and doesn’t get flu treatment once her results are back.   Will testing matter as much for 2019-nCoV? Not for treatment (as there is no specific antiviral at the moment). How about for decision on isolation? That’ll depend on how many cases there are (there may not be enough side rooms), and if testing supply can match demand.   (not quite “worst case” but “not great case”) scenario is : A) Hospital wards: not enough side rooms. “Cohort nursing” in bays (or even “cohort wards”), so Mrs Bloggs with her rhinovirus and chronic bronchitis gets put in the bed next door to Mrs Bull who has 2019-nCoV (or, even: next door to Mr Bull, if things get bad enough the ‘same sex’ rules get suspended). B) Split Emergency Departments. Non “?flu, ?2019-nCoV” go to one side, those with compatible respiratory symptoms go to another waiting area. All the respiratory symptom patients lumped in, waiting, together. I’d expect once people realised where they would be waiting they would only go if they really had no other choice ...... On the plus side, much was learnt from the SARS outbreak, so they are better informed than when they first faced SARS
    • You don't get a good deal from the USA, look at all the tech we gave them during and after World War II, then they tried to stop us using the tech we invented and provided to them.
    • Millions (literally) of people commit speeding offences every year. If every one of them lost their job as a result those millions would be unemployed. I know of few jobs where a single speeding conviction would result in dismissal.   Should you be unfortunate enough to be in this position again simply follow the process as laid out in the paperwork. Don't get smart and start prattling on about your (mistaken) rights under GDPR or whatever. As you have seen, by the time you've established your rights correctly you will face a court hearing. You can ask for "photographs to help identify the driver" before you return your driver nomination form (though that does not stop the 28 day clock measuring the period in which you have to respond). Don't ask for "evidence" as it may be taken that you are disputing the matter and out-of-court disposals (far and away the most favourable option) may not be offered. You have no entitlement to evidence unless the matter goes to court. Most forces will provide such photos (though they don't have to) by giving you a link to follow. They rarely help in identifying the driver because their purpose is to identify the vehicle. Identifying the driver is your responsibility and if you fail to do so without a valid defence you commit a more serious offence which carries a hefty fine, six points and an endorsement code that will see your insurance premiums rocket.
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deks36

Parking Eye- Mayflower terminal short stay southampton ** PE Folded at POPLA **

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Hi Guys Ive made the mistake before of ignoring a PCN so this time I intend to respond properly.

 

I received a notice in the post today received by one of my taxi drivers who failed to mention to me that he went into the car park or that the ticket machine wasn't working

 

on questioning today when i received the PCN he said the person he spoke to had no clue as to what he should do..

 

the car is 140 miles away from my location and its unlikely I will be going that way anytime soon..

 

1 Date of the infringement 28/5/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 07/07/18

 

3 Date received 11/07/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] no

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n?] post up your appeal] No

 

Have you had a response? [Y/N?]

 

7 Who is the parking company?parkingeye

 

8. Where exactly [carpark name and town] Mayflower terminal short stay southampton

 

the reverse of the PCN states"

 

" We originally wrote to the registered keeper of the vehicle whose details were held by the DVLA at the time of the event and they informed us that you were responsible at the time of the parking event"

 

I am now and have been since June 2016 the registered keeper and owner of the vehicle.

 

I have not made any representation to them or anyone else about the this event or any other event as to who was the owner or driver of the vehicle at any time

Edited by dx100uk
Spacing

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Is this car park on the port itself?


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I believe so. PCN gives no actual address but on the basis Mayflower is the terminal in the port and the drivers comments I would say it is in the port

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Did they address you by name? Or as the RK?


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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the PCN is addressed to me at my home address

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the PCN is addressed to me at my home address

 

 

Oh dear..... Not good...


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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oh

 

does the time lapse from event to letter sent not count?

 

I am the registered keeper and they claim to have already contacted me to be advised I was responsible for the vehicle at the time which is amusing in itself.

its taken 40 days for a letter to be sent to me

 

...

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Sorry, they only know your name as the RK and NOT the driver yes?

 

 

If so then their is no keeper liability as they are out of time, going by the dates you've posted.

 

 

But the experts will advise on your next step.


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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yes the letter is address to me a the registered keeper and not as the driver as I wasn't

thanks for your input

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Awesome..... I don't think you'll have any issue with these clowns.... :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Hang on folks...

 

I have a vague recollection of ParkingLie losing a case and being told in no uncertain terms not to bring any further cases for Port Authority land. Can anyone else remember it?

 

 

If I'm right and if this car park is inside the port gates, it will have its own byelaws and will not be relevant land for the purposes of the POFA and therefore there is no keeper liability. Only the Port Authority can take action, it's naff all to do with ParkingLie.


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Looking at GSV, this is most definitely inside the port :|


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Found it on Parking Pranksters site... Click here

  • Haha 1

We could use your help

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Oh wonderful!! :thumb:


Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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One to keep under your hat for now. This is a previous POPLOL decision on Town Quay, Southampton. Which is also ABP land and is covered by exactly the same byelaws. The last paragraph is the important one for this case (highlighted).

 

 

POPLA Appeal Allowed 21st May 2015 (POPLA Reference 6060755093)

 

It is the Operator's case that their Terms and Conditions of parking ("the Terms") are clearly displayed throughout the above named site. They submit the Appellant breached the Terms by failing to purchase the appropriate parking time and therefore is liable to pay the parking charge.

 

The Appellant has made several very strong submissions however it is only necessary to consider determine one area of dispute for the purposes of this appeal. This is the submission that the Operator has no authority from the Landowner to issue parking charges on the land.

 

The Operator has not provided a copy of a contract between themselves and the Landowner which authorises them to operate at the site and to issue parking charges on the Landowner's behalf; nor have they provided a signed witness statement confirming the existence of such a contract. Therefore, I cannot find the parking charge to be enforceable by the Operator in this case.

 

I think it is important to add that I also accept the Appellant's submission that the land is not 'relevant land' for the purposes of the Protection of Freedoms Act 2012 ("POFA") because this was their main submission. I find that the land is subject to statutory control for the reasons given by the Appellant and therefore, by virtue of paragraph 3(1)© of Schedule 4 of POFA, the Operator has no right to recover under POFA.

 

Accordingly, I allow the appeal.

 

Ricky Powell

Assessor


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thanks guys.. really appreciate the advice.

 

Now to work on my appeal to PE and then no doubt ultimately POPLA

 

I doubt this is relevant but ill mention it

 

on the 18/6/18 I removed the cherished plate from this vehicle to which this letter applies and replaced it with its original registration

 

so from that I can deduce wrongly or rightly that PE must have got the details prior to this date

 

I dont know if this has any relevance or not but worth a mention if it makes my task easier

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For ParkingLie. I would go something along the lines of...

 

 

Dear Shysters

 

I write with reference to your Notice to Keeper No: XXXXXXXXXXX.

 

Nice try, but as you are well aware, the Mayflower Terminal (Southampton Docks) is not relevant land for the purposes of the Protection of Freedoms Act 2012, and as such there is no keeper liability to Parking Eye or anyone else.

 

I now expect a reply to say that you are dropping the matter and an apology for having had the impudence to waste my time, and don't think that I'll accept any baloney about it being a "Gesture of Goodwill" either, or a valid POPLA code.

 

 

Print you name

Recorded Keeper

Do not actually sign it.

 

 

You do not need to be polite to these clowns!

 

 

 

Keep your powder dry on anything else at the moment. All you want is either a withdrawal or a POPLOL code :thumb:


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agree with DF, if no ticket slapped on vehicle they are trying to misuse the various protocols of the POFA to try and make you think their wording actually is correct when it isnt.

 

they have screwed up and are now telling porkies because they want someone to pay, even if it is not the right person. let them know they have been rumbled (without giving all the details of your next move)

 

they will either have to drop the matter because they know they have been rumbled or waste money on it when they know a decent appeal will beat the claim and cost them more money.

Edited by DragonFly1967
Added spacing/paras

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UPdate from parking eye

 

as probably expected my appeal to them was unsuccessful so I know have my code for popla

 

I wonder if I might ask how I should word the appeal

 

I am the vehicles registered keeper I was not the driver and nor have I named the driver.

 

the event was on the 28th May it was a payment required car park but driver didn't make payment as machine was broken (I am unable to say if other machines exist on site)

 

notification received 7/7/18 on the reverse of the notification is a lie that says they contacted the registered keeper from records held by DVLA and the registered keeper said I was responsible for vehicle(I am the registered keeper)

 

the way I have read the comments above is I need to make the point of the elapsed timescale, the lie on the reverse, the ticket machine not working according to driver, and possible address the comment above about PE being told to not bring any more cases due to byelaws on the port property though not sure if thats relevant to appeal to popla

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What did you put in your appeal to ParkingLie?

 

 

The grounds for your POPLOL appeal are fairly straightforward. The ticket machine (working or not) and everything else is irrelevant. The port (and any part of it) is not "Relevant land" for the purposes of the POFA 2012. And therefore there is no keeper liability.

 

Point them towards previous POPLOL decisions, one posted above, there are others for the same place, to backup your claim.

 

 

Ultimately, it doesn't matter what POPLOL say, it's only binding on ParkingLie. So ParkingLie would have to take you to court to get any money out of you, and if they did that, they will lose!


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

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in my appeal I stated there would be no admission to who was driving on the date in question. I said the NTK was to late to meet pofa requirements

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Should have gone with my suggestion. Then ParkingLie would be in no doubt as to the fact that they're on to a loser.

 

But, no matter. POPLOL it is then. Just make sure that you hammer home the point about there being no keeper liability. Forget dates etc, they aren't important. Just the fact that it is not "Relevant Land" and quote previous POPLOL cases where they have decided on or agreed with this point.


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PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

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you must quote the cases and provide a precis of that determination, not just say Bloggs and CEL for example. the parking co will get to see your evidence but you wont get to see theirs so raise the points clearly and even if they dotn allow your appeal you will have it in writing that PE KNOW that they are barking up the wrong tree if they still wish to pursue the matter

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what did you put in your appeal to parkinglie?

 

 

The grounds for your poplol appeal are fairly straightforward. The ticket machine (working or not) and everything else is irrelevant. The port (and any part of it) is not "relevant land" for the purposes of the pofa 2012. And therefore there is no keeper liability.

 

Point them towards previous poplol decisions, one posted above, there are others for the same place, to backup your claim.

 

 

Ultimately, it doesn't matter what poplol say, it's only binding on parkinglie. So parkinglie would have to take you to court to get any money out of you, and if they did that, they will lose!

 

and thank you for your advice

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you must quote the cases and provide a precis of that determination, not just say Bloggs and CEL for example. the parking co will get to see your evidence but you wont get to see theirs so raise the points clearly and even if they dotn allow your appeal you will have it in writing that PE KNOW that they are barking up the wrong tree if they still wish to pursue the matter

 

HOW DO i FIND names of cases? the link just says mr X.. what is a precis please?

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