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    • if you wish to put up everything like    your defence claimants WS defendants WS   then im sure those here now and future victims will find it of value   if you read upload carefully you'll see its best to upload each as a separate multipage PDF but ofcourse you'll have to redact each page as a jpg picture 1st before merging each to the relevant multipage pdf .   dx  
    • Thanks I’m happy to put something back ! I didn’t have the courage of my convictions to counter claim even though I was really quite proud of the thoroughness of my court bundle ! i really wanted the opportunity to get into the detail with the judge and felt quite cheated when it ended, but of course I realised that they had just moved on to their next victim  will watch this space 👍  
    • I have created your own topic for this as its import to have it own one but placed a link on the thread you posted on.   you should never counterclaim that exposes you to further cost and rarely succeeds esp if they disc' the claim always best to state in a sep letter you will be seeking costs esp loss of days wages at £90 which most judges allow.   as for an sar, its p'haps always better to issue a cpr 31:14 too or in replacement of, an sar.   well done on your important win
    • My wife has directed me to post on this thread as I have just successfully won against these charlatans   My hearing date was all set at my local court for 31st October 2019 all defence papers were filed and served and frankly I was really looking forward to it! This morning I received a letter from BW legal stating in a one line response that I was to take this letter as a notice of discontinuance whereby the claimant KBT (armtrac) discontinues all of the claim. I am beyond disappointed that I didn’t get my chance to see these idiots across a desk! And that’s it I don’t appear to be able to take this further? I now realise I should of had the courage of my convictions and faith in the advice of others to issue a counterclaim! What I have now in my possession is a file of information which would be Gold-dust to the next person in my position! I feel like I would be able to get some sort of closure if I could pass some of this wisdom on but there are many posters here already and every case is different in its own way The key points in my defence were as follows and useful to anyone ‘caught’ at Sandy Acres. Keep the original parking ticket you purchased and send a copy to KBT with a covering letter ASAP do not identify the driver at any stage of the process!!!!  The blue sign uses the word penalty which is contrary to the IPC codes of practice  The red and white sign has a café open sign in front of it  which obscures it from the drivers view both available to download via Google maps Check the date you receive NTK mine was 71 days Do an SAR and you will get back the pictures of the alleged offence in my case they were of such poor quality you could not tell which way up the ticket was in the photo and in no image they held was there a picture showing the ticket and the vehicle numberplate. They offered no other evidence. Pretty soon you will see the money is being sought escalate until they no longer match the figure on the NTK even if it is sent within 56 days When you see a breakdown of costs for the money being sought it will ultimately include legal costs, typically £60 that the solicitor knows cannot be recovered in Small Claims Court. Personally I am now considering reporting BW legal to the law society or solicitors ombudsman for being party to a process which is fundamentally dishonest, an abuse of process, and a complete waste of court resources?   i am happy to help anyone who needs assistance but rest assured that their case against you relies on you caving in and paying, they have no plan B but will try and make you doubt your ability to defend yourself.   Dont worry about small claims Court, it isn’t crown court, just an office with 3 desks and certainly less stressful than a job interview or meeting with the bank and less at stake.   I got to one week from my court date and they gave up!
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Archangel9

Excel ANPR PCN - George St, Wakefield

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Hi,

 

I need to know what I can remove from the form before I post it, obviously the reg of the car?

 

I need to know what to do with this thing and whether I can ignore it or not.

 

Thanks.

 

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wHere does it say its a fine please?

 

complete this

 

 


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tell us the whole story, where, when, what yu are accused of doing wrong, what correspondence you ahve received and what you have done in response if anything.

We recommend that you do nothing until you have taken advice based on the answers to these questions

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I went and waited fora  friend in a car park in wakefield, was there for about half an hour before he showed up, we then left and went somewhere else. I forgot to get a ticket.

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> For PCN's received through the post [ANPR camera capture]
>
> please answer the following questions.

>
> 1 Date of the infringement 21/07/2019


> 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 01/08/2019


> 3 Date received 07/08/2019


> 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Cannot see it.


> 5 Is there any photographic evidence of the event? Y


> 6 Have you appealed? [Y/N?] post up your appeal] N


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


> 7 Who is the parking company? Excel


> 8. Where exactly [carpark name and town] George St, Wakefield

 

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

 

 

pcn.pdf

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On 11/08/2019 at 17:40, dx100uk said:

then why did you say fine?

 

Because when people try to extort money out of me, it's essentially a fine of sorts.

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Except it isn't a Private company cannot issue a Fine, only a magistrates or Crown Court can do that or the Police. A council ticket is a Penalty Charge notice, and one like you had is a "Parking Charge Notice" big difference as the last one is chased through County Court, and often is not compliant with the rules.

 

The Media doesn't help in calling what are essentially Invoices and grounded in Contract Law i.e. Civil Fines, whilst a Fine is Criminal.


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The Police cannot fine, only issue Fixed Penalty Notices.

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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.

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Sorry Gick you are correct, the magistrates issue the fine.

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We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I note that they do not mention the discounted amount or the discount period. It would be worth getting some pictures of the signage there so we can see if either are mentioned as it is a legal requirement ( not to offer a discount but to state whether there is one  or not)

 

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It does state on the paper there is a discount before 15th stating "a reduced rate of £60 will be accepted as full and final payment" on the first page.

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yes, spotted after rereading twice. Clearly they hope that it isnt noticed.

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Posted (edited)

Ignore them and any debt collector letters they get sent. Watch out for a letter before action / claim - that's when you respond. Come back here then and let us know, but in the meantime, as many photos as you can get to fill your ammo box. Get photos of the entrance from the street, close-ups of any signs, layout plans including where your car was parked, close-ups of the ticket machine. Get them now because they may change at any time without warning if they get pulled up over them by somebody else first.

 

They have created no keeper liability which means they can only chase the driver for payment. As long as nobody is daft enough to give away who the driver was  (esp in an unguarded comment in a futile appeal!) they have nobody to chase. Their claim that they will assume you were driving has no basis in law. You have no obligation to name the driver and you will not be doing so. Stay silent until you get the LBA

 

P.S. They like to illegally share information with their other company VCS. Write to DVLA (see link on main page) to find out who accessed your data. Also check the small print on the signs Excel or VCS? Get this wrong and you will be making a claim against them! 😀

Edited by Mrs O'Frog
PS

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Thing is, the main meter was covered up / out of order when I was there, but I doubt it is now.

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Fine, then go and get those photos so we can see anything on any signs about "what to do if the machine is out of order" as well. There could be many, many reasons why they will fail on this, so do the legwork and get all your ducks in a row now, ready for the shootout.later. No good just having one point and relying on that, get them all clear in your mind and evidenced now. Then keep it all safe for 6 years.

 

Just a thought - if the meter was out of order and they were still issuing PCNs, there must have been a lot of people receiving one at the same time. Have you searched for others? Maybe even on a facebook rant? You can all provide each other with witness statements confirming the meter was covered.

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the signs will have to have instructions about payment if meter u/s.

If the meter says take other action if it doesnt work how are you supposed to know that when meter covered up?

 

All bad news for the stupid parking cowboys 

but as they are owned by Simple-Simon Renshaw-Smith and are members of the IPC then there is no point appealing as they wont entertain it.

 

By all means see if you can get a hit on FB or whatever, it will be helful later if they do persist but not essential

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There are actually 2 meters, I didn't notice the other one until I left.

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I've received a final demand for £160 before court action.

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Scan up a redacted verison, check if it is a letter before action or another begging letter from a powerless Debt Collector?

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It's pretty much the same as the above, with the same photos, just with more red and "£160!!"

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Just make sure it isn't a letter before action and if not, file it with the rest.

 

Ignore everything except a letter before action notice.

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