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    • I feel that people are focusing too much on the OPs property being a council house and putting responsibility on the council to resolve this.   imagine for a moment that the OPs house is privately owned, now what powers would they have to take action on the trees? Pretty much none without taking the tree owner to court right. Well as the trees are privately owned, that is the same power that the council have right now.   the information with the £375 will be inline with high hedges legislation as this will be the only power the council will have and it is common for there to be a charge for this.   this is not a social housing issue, but a neighbor dispute with a private homeowner.   i used to work as a tree officer for a local authority and from experience have seen that people’s idea of dangerous and what is actually dangerous are two different issues. A councils power to enforce tree works are also limited and will usually only be where a private tree poses a risk to the highway, not to another property as that is a civil matter (even where the council own the 2nd property).    With regards to risk to underground pipes, this is something you will be unlikely to successfully argue as various studies have found that unless a tree is planted on top of the pipe and crush it, the roots will not cause damage, but rather only enter through already damaged areas as they are opportunistic, any tree roots in drains are usually a secondary issue where a pipe had existing damage and to resolve it will require a permanent repair to the pipe to prevent recurrence.   the only options i see here are to calculate the height allowed under high hedges legislation (it varies depending on what direction the property faces , the location of hedges etc) and try to enforce that which will involve the fee. Otherwise there is little you can do as the private homeowner has a right to have trees in their garden although they may be liable if they were to cause damage to your property (such as a shed) or the councils property in the future.
    • Served on 16 Feb.   On reviewing the MCOL website today for an updated, I noticed that 1) Hermes has aknowledged the claim, but not yet filed a defence, and 2) that I there was a glitch / error on the form. Essentially, it looks like I had accidentally left the "I will send detailed particulars of claim" box ticke (I thought I had unticked it), with the result that the claim section has been truncated, and some extra text has automatcially been added - in red below):   "...Claimant seeks £XXX, plus I will provide the defendant with separate detailed particulars within 14 days after service of the claim form. The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of..."   This is obviously not ideal. Is it better to try to amend the claim somehow, or to just submit a brief POC that a) clarifies that I am seeking £XXX plus costs (which was automatically truncated), and b) sets out my calculation of the £XXX?  
    • Hi   It amazes me how they pass the buck as they don't want to deal with a private homeowner but if the shoe was on the other foot they would be hammering down on you for breach of tenancy.   As this is council housing you need to make a Formal Complaint in writing to the Council Housing about this (as a social housing landlord they have a complaints process they have to follow). you need to exhaust their complaints process. Make sure and title your letter Formal Complaint.   From what you have posted this tree is not just a nuisance but also a Health & Safety risk:   1. The tree being overgrown is now a danger to the occupants/Guest/Visitors to your property   2. The tree has overgrown into the Council Housings Boundaries your property causing damage/endangerment to the occupants/guest/visitors.   3. As the roots of the tree are also overgrown into your property you have concerns that these may be causing/damaging to any underground pipework that may be within the boundray of the property.   4. So far the Councils actions have been to treat their Council Housing tenant as a third class citizen with a private homeowner aloud to cause endangerment/possible damage due to these overgrown trees which are encroaching on your council house property/bounderies.   You also require clarification why you were sent the Healthy Neighbourhood Information which states I have to pay £375 to make a complaint. (make sure and attach a copy of the response that states this cost)   You also require copies of the following:   1. Complaints Policy (not the leaflet) 2. Customer Service Standard (not the leaflet) 3. Health & Safety Policy (not the leaflet) 4. Public Liability Insurance Policy. (not the leaflet) 5. Clarification from you if their is any underground pipeworks running through the bounderies within the garden area (you should have full knowledge of this it being your property/plans) 6. Compensation Policy (not the leaaflet) 7. Equality & Diversity Policy (not the leaflet)   When you get the above policies sit with a pen/pencil/highlighter and take you time reading them and just think to yourself 'DID THEY DO THAT' if not mark it then leave it for a while then do the same again this way you can basically throw/write back stating the haven't followed x policy with which part of that policy and your reason. (you are building evidence to use against them using their own policies. I would also like to refer you to The Local Government (Miscellaneous Provision) Act 1976: http://www.legislation.gov.uk/ukpga/1976/57/part/I/crossheading/dangerous-trees-and-excavations     You need to remember yes it is the Council but the Council Housing is a separate entity and is a Registered Social Landlord (RSL)   Is the Council Housing classed as a registered Charity? (what is their registration number whether charity or RSL?)   Also have a wee look at this CAG link:     
    • @rocky_sharma   Fame at last!!   Dunno how much help it would be in your case, but I could try digging out the txt of my defence if you think it might be relevant to your defence. We might hafta do this via PM, then e-mail though if ya wanna go down that route.   Good luck with yours anyway mate.
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Nick

Park Watch no waiting PCN - Ruby central shopping Center

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Hi there, it's been a while :(

 

I received a shiny PCN in the post today for NO WAITING after I pulled up at the side of a bank doing a favour for someone.

 

I'm a blue badge holder and didn't get out of the car any help would be gratefully received

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 24th August 2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 05th September 2018

 

3 Date received 06th September 2018

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [yes]

 

5 Is there any photographic evidence of the event? yes

 

6 Have you appealed? {y/n?] post up your appeal] Waiting for advice from here

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? Park Watch

 

8. Where exactly [carpark name and town] Rugby Central Shopping Centre, Service area 3, Rugby

 

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

pcn0009.pdf

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thread tidied


please don't hit Quote...just type we know what we said earlier..

 

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ok well there is no such thing as no waiting on private land

as you have to 'wait' to read their signs that say 'no waiting' :lol:


please don't hit Quote...just type we know what we said earlier..

 

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As the idiots have to give you a 10 minute grace period and also a sign saying no waiting or similar is not a contract to park they dont have a leg to stand on. However, being both stupid and greedy they will still try and chisel you for the money.

 

If you want to waste £25 of their money you can appeal to them and when they turn you down to POPLA (that costs them).

The simplest appeal will be that there was no contract offered as there was no such clause as NO WAITING on their signage,

that the phrase is prohibitive and not a genuine offer of terms to park

and in any case they have failed to allow a 10 minute grace period as demansded by the BPA Code of Practice.

All of the above points will beat a court claim and you can sue them for breach of the GDPR for ontaining and processing your personal data unlawfully but none of that will matter to POPLA as they have very limited terms of reference.

 

However, you can show that you have been through the motions and that the parking co have been made aware that their claim has no merit.

 

Normally I wouldnt bother with an appeal but in this case the adjudicator has straightforward matters to consider

- wording on signage and grace period.

 

If they reject your appeal then it will show they break their own rules

Edited by dx100uk
spacing

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I went today and took photos of the signs

41195659_465028440572487_7081156226372861952_n.jpg

41275734_1821216741326083_4253821702577848320_n.jpg

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are they the ONLY signs?

 

is there mention of no waiting or 10 mins grace period

are they the ONLY signs?


please don't hit Quote...just type we know what we said earlier..

 

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it States No waiting at any time but there is no mention of a 10 minute grace period

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so brief letter as post 4


please don't hit Quote...just type we know what we said earlier..

 

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You issued me with a parking ticket on 5th September 2018 but I believe it was illegally issued. I will not be paying your demand for payment for the following reasons:

 

 

 

 

• There was insufficient signage

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued illegally. Please see attached evidence, no contract offered as there was no such clause as NO WAITING on their signage,

that the phrase is prohibitive and not a genuine offer of terms to park, I have gathered as proof.

 

• Mitigating circumstances

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. Please see attached evidence, I am a blue badge holder due to mobility issues, as proof of claim.

 

• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

 

In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the short period I was there. I therefore feel the charge you have asked for is excessive.

 

 

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

 

Yours faithfully,

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not illegal unlawful

but that's not the point don't say anything

 

 

simply refer to the blue bit in post 4


please don't hit Quote...just type we know what we said earlier..

 

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You issued me with a parking ticket on 5th September 2018 but I believe it was unlawfully issued. I will not be paying your demand for payment for the following reasons:

 

 

 

 

• There was insufficient signage

The car park in question has no clear signage to explain what the relevant parking restrictions are. This means no contract can be formed with the landowner and all tickets are issued unlawfully. No contract offered as there was no such clause as NO WAITING on their signage, that the phrase is prohibitive and not a genuine offer of terms to park.

 

• Mitigating circumstances

There are mitigating circumstances to explain why the vehicle was parked where it was and the charge should be waived for this reason. Please see attached evidence, I am a blue badge holder due to mobility issues, as proof of claim.

 

• The charge is disproportionate and not commercially justifiable

The amount you have charged is not based upon any commercially justifiable loss to your company or the landowner.

 

In my case, the £100 charge you are asking for far exceeds the cost to the landowner of the short period I was there. I therefore feel the charge you have asked for is excessive.

 

 

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

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the blue bit in post 4 says nothing? about using the points in blue above?

 

the 1st bit well there is mention of no waiting.....


please don't hit Quote...just type we know what we said earlier..

 

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I'm at a loss, it does state that is no waiting on the signs so should I appeal or just pay the £60?

 

I am also on benefits and it is a huge chunk out of my fortnightly payments.

 

Thank you for your advice so far

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no you don't need to pay it but you need to do a bit of self help

cant see you've read one other PPC thread at all???

 

there is a 10 mins grace period..


please don't hit Quote...just type we know what we said earlier..

 

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right, the first sign is a prohibition so not a contract

, the second sign is not a contract but an invitation to treat so cant be binding and anyway carries no offer of terms so how can you accept them?

 

there is no illegality involved by either side in this matter, it is civil law, not criminal law.

 

No one gives a stuff as to why your car was where it was, it is completely irrelevant.

 

There is no such thing as mitigation in contract law so forget about it, you will get no sympathy and you will never win an appeal or a court case if that is what you think will help.

 

Now, read and understand a load of other posts, you have more than enough to destroy any legal claim these idiots may make.

Edited by dx100uk
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These clowns would ticket a DPD/Yodel/Parcelforce/UPS van delivering at the location, no waiting is a prohibition, so as EB says no contract can be formed, as it is Private Land, there can be no criminal element.


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You issued me with a parking ticket on 5th September 2018 but I believe it was unlawfully issued. I will not be paying your demand for payment for the following reason:

 

 

The signs are a prohibition so not a contract, as it is private land there can be no criminal element.

 

 

If you choose to pursue me please be aware that I will not enter into any correspondence and this will be the only letter you will receive from me until you answer the specific points raised in my letter.

 

Yours faithfully,

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No, dont send that, it will only cause them to know they are pursuing the right person for starters. At present they dont have a clue who was driving so why are you telling them it was you?

 

It was suggested that you read a bundle of other threads and this is evidence you havent. If you want to write something you need to be more strident so I suggest something like:

 

Dear sirs,

with regard to your claim that a contract was breached I suggest that you find someone who understands english as well as the law to explain to you why there can be no breach of a contract when a contract doesnt exist.

No waiting is a prohibiton, not an offer to park.

 

Consider yourself lucky I have no desire to sue you for breach of the GDPR over this matter but stop wasting my time with your begging letters, you arent getting any money because none is due so you will just have to resit your GCSE's and try it on with someone else.

 

You dont invite then to pursue you or even request further correspondence as they see that as a sign you will pay up if they apply a thick enough layer of bull****.

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thank you,

I did read quite a few posts but could not find one that was relevant to the information that I required.

 

I appreciate the times that you have taken to reply.

Appeal sent

 

Thank you for your email.

I can confirm that your appeal has been received and you will receive a response within 35 days.

 

Please provide any evidence you have to support your appeal, such as a valid disabled badge, evidence of purchases and proof of delivery.

 

Please note, you must include your parking charge notice reference number and vehicle registration mark in order for us to process your appeal.

 

Your PCN, and the associated charges will be placed on hold until a decision has been made and communicated to you.

 

*Important information*;

 

We endeavour to review and respond to appeals within 10 days.

Your appeal response will not be sent from this mailbox, it is the appellant's responsibility to ensure their mailbox/junk box is checked daily to ensure you have the opportunity to pay at the reduced rate within 14 days if your appeal is rejected. After 14 days the charge will revert back to the original amount.

 

Please note; POPLA verification codes are live for 28 days only.

 

Kind Regards,

 

Park Watch

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There are dozens that talk about signage that is prohibitive in nature, looking for one from your site mentioning no waiting isnt necessary as it is the applicable law that counts and there are plenty to choose from.

 

so now you have given them your email address so they can pass it on and get other rentathreats to harass you for free.

 

If you had read more threads you would have seen that we advise to use old fashioned letters so the parking co's are put to the maximum inconvenience and expense in chasing you.

 

A common theme for any alleged debt that is disputed is to NEVER phone them, text them or email them as these methods allow them access to you at no expense.

 

they are also noted fro breaching the data protection laws so expect a load of spam from claims co's and whatever as they sell on lists of contacts to supplement their income and you then get claims management companies on the phone as well as people from the Phillipines working for "Microsoft" telling you by name that your computer is compromised etc.

 

None of this will make any difference to the outcome though, they will still tell you to pay up because they say so and they are still wrong in law

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It's a throw away email address that I can change at the drop of a hat and as far as I know I don't have any rent a threats chasing me for money. I definitely haven't provided them with a contact number. But i do get the odd phone call telling me my internet provider has been stopped.

 

Thanks again for your advice

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Good Morning,

 

The Parking Charge Notice was issued due to the vehicle being on private land for over 36 minutes, where the terms and conditions are 'No Waiting' and 'No Parking'.

 

Please state your grounds for appeal, if you do not wish to make an appeal or make payment the Parking Charge Notice will continue to escalate.

 

Kind Regards.

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go get the original planning permission granted for the whole shopping complex to be built from the relevant councils planning area of their website

 

I bet it says atleast 2hrs even 3hrs free parking.

no PPC can change that


please don't hit Quote...just type we know what we said earlier..

 

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ignore them,

they know they are wrong but will not admit they cant read or write properly.

 

As for the notice continuing to escalate,

there is nowhere for it to go other than in the parking worlds fantasy world.

 

they get away with all of this because people generally dont know any better so they worry, pay up and then moan afterwards.

 

We believe in making the parking co worry

- worry they are going out of business because their lies have been exposed and no-one will then pay them becuase the debt isnt real.

 

Sit tight, better to say nothing no as you have created a paper trail and their ignorance or greed wont create a contract that doesnt exist

 

Good Morning,

 

The Parking Charge Notice was issued due to the vehicle being on private land for over 36 minutes, where the terms and conditions are 'No Waiting' and 'No Parking'.

 

Please state your grounds for appeal, if you do not wish to make an appeal or make payment the Parking Charge Notice will continue to escalate.

 

Kind Regards.

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I've now received my demand for £100

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