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    • Yes print 3 copies......Claimant Solicitor not the claimant....the address will be the same as your Proposed Notice of Allocation. CCMC Salford.   This is to allocate the claim to track...the next stage of the claim process.....as for if you have to pay .....who knows until it actually gets to a hearing and you win or lose. 
    • now I notice 2 things, 1 they have failed so say who the creditor is so they have failed to create ANY liability 2 thay have failed to indicate the location of the alleged incident, Chalon way industrial estate? housing? multistorey car park? the POFA is clear on this, no correct location, no charge. 3 in the second NTK the image of the car leaving appears to be an image of a car entering the car park on the wrong side of the road ( I do this a lot) As the cameras they use are at best 95% accurate this leaves room for doubt that they have actually captured your vehicle in both pictures as entry and leaving  for the same parking event.
    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
    • At the end of the day, I tend to agree that they have been more than reasonable.
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Oncebitten72

highview PCN - overstay - Almondvale Retail Park, Livingston, Scotland

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Hi guy's

 

I received a charge notice from Highview yesterday.

 

I sent to Livingston for the first time on 4th and they said we over parked the two hours by 21 minutes.

 

I have read through what people have saying and I'm sorry but I don't know the Scottish law as I have only just moved to fife in July.

 

My partner has MS and had to go to the toilet and got caught short, hence the delay.

 

The penalty is £90 and reduced to £54 if paid in 14days, if not paid in 28 days a debit recovery charge will be issued of £40. To top that off they charge you for paying!!!

 

On the letter it also mentions contacting approach on line to appeal, also the where our clients property is located in England or wales , should your appeal be rejected, what does this mean??.

 

They also quote data protection and contacting DVLA and that they had the right to ask them for my details.

 

this is the first time on a forum/blog, can someone please explain in laymans what I should do, as I can't see any recent posts.

 

Thank you

Edited by dx100uk
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https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket

 

Please complete the above

So we have all the relevant info to properly advise yoy

 

Dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

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

 

please answer the following questions.

 

1 Date of the infringement 4/11/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13/11/18

 

3 Date received 15/11/18

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] N

 

5 Is there any photographic evidence of the event? Yes

 

6 Have you appealed? {y/n? N ]post up your appeal] ??

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

 

7 Who is the parking company? Highview Parking Ltd

 

8. Where exactly [carpark name and town] Almondvale Retail Park, Livingston

For either option, does it say which appeals body they operate under. Online to appealpcn.co.uk, by post Appeal Department, Barnet.

J

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

please check HERE NOW BPA

 

It says they operate in accordance with the BPA does of practice. following the landmark supreme court ruling of parking she V beavis, it's now established that parking charge notice issued on private land is enforceable by law.

Edited by dx100uk
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Thank you

Whe n you get 5 mins scan up the NTK to one multipage pdf please

 

You are resident in Scotland

The car park is in scotland

 

There is no such thing as trespass in scotland so they cant charge you anything and they dont know who was driving as the ntk is to the keeper and you dont have to name the driver as pofa (protection of freedom act) does not apply in Scotland

 

Ignore


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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You dont need one

Read upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Convert it to pdf... then totally ignore it. They cannot touch you so long as you dont name the driver.

  • Confused 1

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

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DO NOT APPEAL UNDER ANY CIRCUMSTANCE.

 

they have no rights to demand money from anyone in Scotland unless they can show they knwo who the driver si and havent got those detaisl frok the DVLA. Well, they dotn know who was driving and did get the keeper details from the DVLA so they would be in trouble if the arms of the state had any desire to protect us from greedy lying gits.

 

No POFA in scotland or NI and no trespass in Scotland so they are stuffed. As for their recovery charges- unlawful as well but they add ut to make money frok theuninformed to pay for all of those who ignore them or hit them back.

 

As for the reasons as to why you were there, irelevant so forget about any mitigation , it is purely whether they ahve a contract with you and they dont as they are contacting the keeper of the vehicle, not the driver

Edited by honeybee13
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I have tried to upload but unsuccessful so far, thank you for you're advice.

 

These people also have the cheek to charge you to make the payment, £1.50 online by card, £2.50 for cheque and 2p minute over the phone!!

 

I have not contacted them and was wondering what reason DVLA would want in order to give my information to them??

 

Other than who is the owner of the car. The photo on the charge notice is not only the registration but of two people in the front of the car, which is not clear.

Thanks again ��

Edited by dx100uk
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the DVLA dont ask any questions, this is the problem.

 

as for pictures of people in cars, they dont know who anyone is so unless it is the owner of Highview's mother driving you about you are safe in that knowledge.

 

Keep calm and just file the paperwork away safely, they will be back in touch but they are not likely to be so stupid as to try a court claim in Scotland, that is for the likes of VCS/Excel, whose owner, Simon Renshaw-Smith is particularly arrogant and loves to think he is above the law.

Edited by honeybee13
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