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    • Thanks DX.  I've ploughed through the pages and dug out what I feel are the relevant ones. Obviously, some of these are duplicates of what I've put up before.  Anyway, I would be hugely grateful if someone can look over and advise. Reading though other posts and on other cases that I've had help with from here, I don't think they have much of a case - given the weakness of much of their "evidence" - but obviously I would be grateful for some expert advice from the helpful souls on here.    Thank you.    B   Witness Oct19_redacted.pdf
    • You came here for advice, soem advice has been given adn you question the validity and source of that advice. We are all lay peopele, ie not giving professional advice but it is based on experience of the world and in some cases working in the field that advice is given on. Now you dont have to take our advice, we wont get the huff if you prefer to look elsewhere or do something else. when I asked what you think they would do with your NI number it is to prod you to think for yourself and question why they would ask for this when there is nothing legal they can do with the information so wouild you be wnating to give it to them knowing that they would want it to break the law if they processed it. Now you can take that up with the company at the top but TBH unless you want to spend money on a lawyer they will not answer the question or fob you off with some ridiculous answer anyway.   so for the moment read a lot about  RLP and similar situations to yours ans make particular note of what happened to the peopel in the end. You will find no threads theat ended by saying " thanks to you I gor sued by RLP and owe them a fortune". It isnt going to happen and the reasons why are explained in many threads. They rely on your feeling of guilt to get anywhere
    • you need to respond to their letter saying that you belive that you ahve been paid correctly ( or underpaid if you are due a small amount of accrued holiday pay etc) and demand that they show a full account of what you received, when and why and how they arrived at this figure. You then reconcile that with your P45 and use the figures to bat off any furhter demands if they still akke one. Come back if they dotn drop the matter and give us the full breakdown on hours worked, hourly rate, gross pay, tax paid  etc
    • @dx100ukI never got a response to my SAR from Octopus.   But I have just received a 'letter before court action' from one of their legal representatives, who have been "instructed to consider legal action against [me] if full payment, a settlement or your proposals to make suitable repayments arrangements are not received in the next 30 days."   I'm reading the threads now. Any advice on how to proceed? 
    • I would say let them do their worst, it will surely backfire on them. Now with restrictive contracts that stop you working fro competitors- these are notoriously vague so often not worth the paper they are written on. also they have to be fair so for example if there are only 2 companies in the UK that make a certain product your employer cant say you arent allowed to work for the other one. If you were for example trained as a hairdersser and you were going to open a salon in the next street to your ex employer then the restriction would apply if worded correctly. Dont panic about this, your new employer will be au fait with the situation and time spent worrying about a nastly letter will in their eyes take you eye off the ball so concentrate on the new job.
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eviju

PCN issued - no photographs uploaded at all.

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Parked in a residents` or shared use parking place or zone without either clearly displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge (shared use bay)

 

This was the reasoning for being given a PCN (hire car at the time) - wrote to them straight away stating that there were no pictures taken of the vehicle as none were uploaded on council's website - "no images were found for this PCN!"

 

council responded saying wait until you receive notice to owner but not having photos isn't sufficient grounds as they don't need photos or something along those lines. so hire company were contacted

- gave my details (this is just before Christmas) but no letter was received at my address apart from a letter after the new year stating I needed to pay £110.

 

I wrote back to them via online stating that there were no photos and I had not received a previous letter so why am I being charged £110 already

I also said I wanted to go to independent adjudicator

- they stated a letter was sent on the 19/11/2018 and I missed the opportunity to speak to the independent adjudicator as I didn't respond to the previous letter -

 

Their wording was :

 

a notice to owner was sent to you on ..... this notice provided you with the opportunity to make formal representations. as you failed to make rep a charge certificate (CC) was issued. once a cc has been issued there is no longer the formal right of appeal.

 

the pan has been reviewed and we are satisfied that it remains valid,

 

your representation has been reviewed I must advise you that we issued the pcn because your vehicle was observed pared in a resident's or shared use parking place or zone without either claeary displaying a valid permit or voucher or pay and display ticket issued for that place, or without payment of the parking charge.

 

The CEO had recorded detailed notes at the material time of issuing the pcn and can confirm the contravention has occurredl. the photographic evidence is secondary. it is the responsibility of the driver to insure that they understand the restrictions in place and follow the designated signage.

 

at this stage we have reordered 110 as a gesture of goodwill (whatever you say mate - gesture of goodwill is you not giving me this ticket) 110 payment should be made within 14days blah blah

 

what can I do now?

how do I respond to a letter I never received for adjudicator ?

how can they prove I was parked there

- what if a ticket guy has it in for me and just stuck a ticket on and not provided photos cause I wasn't parked there?

 

thanks for the help

 

oh and to top it off the car was only observed from 13:34pm - 13:34pm

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Technically all they need is the CEO to observe the vehicle. Photos are secondary but not needed.

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Your narrative is muddled, but I think you're saying you didn't receive the Notice to Owner in your name. Even though the council say it was sent, and you say they have now sent the Charge Certificate (where the penalty increases to £165) they are prepared to accept £110.

 

Since you don't seem to have any grounds for the pcn to be cancelled, that's proably the best outcome.

 

The alternative is you wait for the Order for Recovery and make a Witness Statement that you did'nt receive the NtO. That sets it back to the NtO stage where you can make representations and when they are rejected appeal to adjudication, where, on the basis of your non-existent grounds, you will lose.

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I have to agree with Michael, based on the information you've given. You don't deny parking in a place you weren't permitted, so unless there's more to the story which you haven't told us, I don't see any reason why the PCN will be cancelled, with or without the adjudicator. Therefore, you're now at the best outcome stage - the original, full charge, but none of the extra charges which could be added for non-payment.

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So can I say I wasn’t parked there?

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So can I say I wasn’t parked there?

 

Yeah, good idea, The council won't cancel the pcn and if you continue the lie to adjudication you open yourslf to a fine of up to £5000.

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But if there are no photos how can they prove otherwise?

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They can't prove you were there, and they don't have to. It will be your word against the CEO who issued the charge - they will refer to his or her notes, the details on the PCN, and the circumstances on the day. They have your vehicle registration, location, times, vehicle colour, make and model - and your claim to have just not been there, or not parked in contravention, without any supporting evidence, will be dismissed.

 

If you lie to an adjudicator, the cances of you being hit with a fine are close to zero, but it's a question of whether you want to spend your time and effort, not to mention the council's resources on fighting a case which is very likely to fail.

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How can you prove the ceo is being honest? Do they just believe his / her word and that’s it?

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How can you prove the ceo is being honest? Do they just believe his / her word and that’s it?

 

Well, you could prove he was lying by producing evidence that you were parked somewhere else, except of course that you can't.

 

It's odd that you question the honesty of a CEO whilst being perfectly prepared to lie yourself.

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I just don’t want to pay £110 - as I’m sure 99% of people here want to get out of doing

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If it goes to a Warrant then you could be looking at well over £400 or they could remove your vehicle.


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They can't prove anything - it's a balance of probability. If the CEO says you were there, he or she will automatically be believed, unless you can prove to the contrary.

 

If you read the PCN it will say something along the lines of "the CEO had reason to believe the contravention occurred". Then it's up to you to show why his or her judgement was wrong.

 

If you think about it, were they to uphold appeals just on the basis of no photographs, then any PCN without photographs would be successully appealed with a straight denial. And then that would mean photos would have to become mandatory.

 

As photos are not mandatory, PCNs can be enforced without them, and there's no automatic get-out if there are no photos available.

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I just don’t want to pay £110 - as I’m sure 99% of people here want to get out of doing

 

Absolutely, but without sufficient grounds you are going to have to bite the bullet and pay.

 

If you don't within 14 days of their letter, it will go back up to £165 and will escalate even higher if you're not careful.

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If you cannot get them on a rock solid technicality, I have always found that coming up with a plausible reason why you were in contravention of their rules is the best tactic. A good story if you like, something which cannot be proved either way, appealing for them to be lenient on this occasion whilst apologising (local council love you to bow down) and stating you will be more careful in the future!

 

Obviously you are past this stage in this instance but I have found the above to work on a number of occasions.

 

I know others may be critical of you not being honest but we must do what we must do to prevent ourselves from being extorted.

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I for one am critical of YOU for suggesting that the OP lie! This is completely against the ethos of CAG. We offer advice to combat the lies of others and to support the innocent or confused when dealing with (in this case) officialdom. On the other threads we help to combat lying money grabbers.

Edited by Gick
typographical error

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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I for one am critical of YOU for suggesting that the OP lie! This is completely against the ethos of CAG. We offer advice to combat the lies of others and to support the innocent or confused when dealing with (in this case) officialdom. On the other threads we help to combat lying money grabbers.

 

You're entitled to your opinion but I do not believe what I suggest to to be against the ethos of CAG. It might run contrary to your values, and that's fine.

 

There are any number of threads on the Debt forums with posts from seasoned CAG members advocating that people bypass any moral assessment as to the legitimacy of their "debt".

 

Just as I am saying that we may need to bend the truth on occasion, bypass any moral judgement on that in order to prevent local councils and others reaching into our back pockets.

Edited by MontyIsInnocent

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