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    • HI   Firstly the parking in front of your drive, do you have a pavement with a Drop Kerb in front of your property to access your driveway, if so are they infringing on the Drop Kerb? (note your can ask the council to to paint a white line with lines at the end on the road in front of the drop kerb please note there may be a cost from the council to do so)   As for the CCTV look at this ICO link: https://ico.org.uk/your-data-matters/domestic-cctv-systems-guidance-for-people-using-cctv/   Due to the new DPA/GDPR if you have CCTV on your Property and it views outside of that Properties Bounderies they then need to register as a Data Controller with the ICO.   So I would make a Formal Complaint in writing to the Councils Data Controller, ICO (specifically asking if this individual is Registered with them as a Data Controller) & Police, you need to keep a good paper trail of this individuals actions.   I hope this individual knows the Law on Harassment as from your thread that is the impression I get is no matter what you do they will find something else to complaint about.  
    • Most guarantees are not transferable anyway to the new owner so why a solicitor should request it is pointless.The quotes should suffice to prove the work was carried out.   Andy
    • Apologies for the prolonged radio silence!   To cut a very long story short, I went back to Barclaycard (because I bought the car with my VISA card) and they offered to repair the car at a cost of £2500.   We accepted the offer because we were advised that even if we went to court and won the case, there was no guarantee that the dealer would give us our money back anyway or would end up paying us £10 a week for the next umpteen years.   The decision to have the car repaired was also made in the light of the fact that apart from the gearbox issue the rest of the car was in good nick. It is running fine after nearly 4 months now, so even if our friend gets a few more years out of it it will have been worth it.   Now that it is all settled I can reveal the name of the dealer - it was Thatcham Motor Company, in Thatcham, Berks. Very pleasant to deal with at first whilst everything was ok but boy oh boy, beware if anything goes wrong!   Similarly Momentum Warranties who provided the 6 months "warranty". On paper this warranty apparently covers practically every conceivable fault that the car might develop until you try to make a claim!   It seems that only if a component physically breaks that any cover is provided, otherwise they will hide behind the "fair wear and tear" get-out clause. Can an ECU unit be subject to wear and tear?   I would not touch either of these outfits again with the proverbial barge pole. Buyer beware!   One further thing I forgot to mention. We ran up considerable expenses trying to sort all the issues - the engineer's reports, travel costs etc.   Is it too late to try to claim these back from the dealer now? I just ran out of energy by the time Barclaycard agreed to pay for the repair but now the dust has settled I am up for it again!   Would this have to be done via the Small Claims Court?
    • no rush yet not due for 3 weeks as per andyorch's information above   i'm sure we'll get time before then.   dx  
    • There is a space for comment on the N180 where you can state that you wish to object to any request by the Claimant for an "on the papers" hearing. I wouldn't worry about the permits term, as the non-display of a permit is not the apparent cause for action against you. Have you sent them a CPR request for documentation?
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CofiwchDryweryn

UKCPS Parked Outside Marked Bay KIRKBY main car park - free 3 hours max

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The keeper has received a letter to keeper about not parking in a marked bay by UKCPS.

 

How does the keeper fight this.

 

Managed to covert the letter and here it is ...

 

 

For completion this was manual NPR not ANPR so ...

 

 

please answer the following questions.

 

1 Date of the infringement 12/08/2019

 

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

 

3 Date received 15/08/2019

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Dont think so

 

5 Is there any photographic evidence of the event? Inconclusive

 

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

Have you had a response? [Y/N?] post it up No action taken yet

 

7 Who is the parking company? UKCPS

 

8. Where exactly [carpark name and town] KIRKBY main car park - free 3 hours max

 

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

 

UKCPS Parked in Unmarked Bay.pdf

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now how is anyone supposed to amke sense of what they are saying, they say parked outside of marked bay in Kirkby but as they didnt slap a ticket on the car i would say that they have failed to properly identify the land they manage as Kirkby with a population of 40,000. Does that mean they have signed a contract with everyone there or have they just screwed up? ( we know, we know)

 

The photographic evidence is garbage and that is another POFA fail.

The amount  outstanding on the invoice is stated as £60 but later on they say that they want £100 so that presumes that someone has already paid the difference of it can never be owed. Another POFA (and accounting) fail.

 

What would be useful is pictures of the entrance to the site from the public highway and of any signs there plus any different signs around the site. If thereis no sign at the entrance then we want a picture showing that as evidence you werent offered any contract and that is relevant because of where you parked.

 

As they are IPC members there is no point at all in appealing so get your pictures as soon as possible so you can bash them when the time comes. In the meanwhile ignore any letters they or their tame DCA's send other than a proper letter before action and that will be from Gladstones solicitors who coincidentally are also the IPC  so dont splutter in your cornflakes about this conflict of interest

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 we want pictures of the lack of signage as well as close ups of the signs. When I say close ups I need to be able to read the small print on the IPC  logo because there are 2 IPC's the International Parking Community and the Independent Parking Committee.

The latter is a spoof by someone who registered the name under the noses of Will and John of Gladstones who are also the IPC and forced them to change thier name to the former from the latter.

If the sign logo reads independent paking committee then the sign breaks the law and no contrcat can be formed and the parking co cant legaly apply for your keeper details.

This small point may be enough to get them to drop their claim later on as Will and John will be too embarrassed to continue when they have publicly stated they will sue any using the old name in relationship to their activity

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OK

piccies of site entrance in your own good time then

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Posted (edited)

Committee on sign, Community on letter

Edited by CofiwchDryweryn

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You keep this info and evidence tucked away somewhere secure it will be very useful much later on.

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MSE suggests the following response regardless of alleged contravention ..

 


Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

- If the allegation concerns a PDT machine, the data supplied in response to this appeal must include the record of payments made - showing partial VRNs - and an explanation of the reason for the PCN, because your Notice does not explain it. 

- If the allegation involves an alleged overstay of minutes, your evidence must include the actual grace period agreed by the landowner. If you fail to evidence the actual grace period that applies at this site or suggest that only one period applies, this will be disregarded as an attempt to mislead. In the absence of evidence, it will be reasonably taken to be a minimum of twenty minutes (ten on arrival and ten after parking time) in accordance with the official BPA article by Kelvin Reynolds about 'observation periods' on arrival being additional and separate to a 'grace period' at the end.

- in all cases, you must include a close up actual photograph of the sign you contend was at the location on the material date.

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

 

Photo on letter proves nothing

 

https://imgur.com/gallery/Ye8VTe1

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no we don't adhere to that advice neither the court defences they use.

 

 


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

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

 

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not really, just correct and incorrect way to address things

each to its own.

but its not a good idea to ever crack a walnut with a sledge hammer when you wantto actually eat the nut inside.

 

CAG and parking prankster are worthy reads esp prankster site

there you'll get the truth...


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

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Appealing usually ends up with the dirver being identified and the protection of POFA is lost.


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8 minutes ago, brassnecked said:

Appealing usually ends up with the dirver being identified and the protection of POFA is lost.

 

The MSE template does not identify the driver.

 

The driver will never be identified.

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No that doesn't but often if someone does their own appeal, they do usually before they have looked anywhere for advice.


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9 minutes ago, brassnecked said:

No that doesn't but often if someone does their own appeal, they do usually before they have looked anywhere for advice.

 

The driver in this instance will not say a word.

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regarding report

location is fine.

not to worry.

 

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

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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This Seems better, even if ignored because it tries to address the issue ...


Re PCN number: 

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a formal complaint about your predatory conduct to your client landowner and to my MP.

 

There will be no admissions as to who was driving and no assumptions can be drawn. Since your PCN is a vague template, I require ALL photos taken and an explanation of the allegation and your evidence, i.e.:

 

- As the allegation is regarding being parked outside of a marked bay i require proof, including all photographs taken. The picture in the letter does not show anything apart from the front of my vehicle and the shadow of the person taking the photo.

 

- photographs showing how long the vehicle was parked in alleged contravention as there is a grace period to read the signs and move if required.

 

- you must also include a close up actual photograph of the sign you contend was at the location on the material date.

 

- the driver denies the alleged contravention

 

Formal note:
Should you later pursue this charge by way of litigation, note that service of any legal documents by email is expressly disallowed and you are not entitled to assume that the data in this dispute/appeal remains the current address for service in the future.

Yours faithfully,

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Someone has been very friendly on facebook and provided the following ...

 

MY Name

My address
Xxxxxxxxxxx

Today’s date xxxxx

PCN number: xxxxxxx 


Dear Sir / Madam, 

I am in receipt of a Notice To Keeper in relation to vehicle registration number XXXXX

 

This debt is denied.

 

I am the keeper of the above vehicle but am under no obligation to identify the driver as you have failed to comply with a number of criteria outlined in  Schedule 4 of the Protection of Freedoms Act 2012 as outlined below. : 

 

1. No period of parking shown or provided. 


2. No evidence to support your claim that a breach of terms and conditions occured.


3.  " KIRKBY" is not "relevant land"  and could in fact be anywhere
( as paragraph 9, 2 (a)

 

Notice To Keeper states that this alleged debt remains unpaid. Please explain how it remains unpaid when this is the first and only corrospendence recived?

 

This wording suggests a NTD was affixed to the vehicle, if this was the case then the Notice To Keeper has been sent before 28 days so you have failed to comply with PoFa by obtaining keeper details before 28 days.  I will be sending DVLA a SAR to clarify this to find out when keeper details were requested. 

 

If this PCN is not cancelled then please be aware I will not enter into any further correspondence with yourselves or your appointed debt collection agency.  

 

Should you still pursue this matter then provide an unredacted copy of the contract between yourselves and the landowner showing proof of your jurisdiction to issue parking charges in this area.

 

Please cancel this and do not contact me again other than to confirm this has been cancelled. Any further correspondence from you will be considered harassment and will be reported to the appropriate authority. 


Yours faithfully, 


Registered keeper 
[Xxxxxx name]

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Date of infringement 12/08/19

 

They have 14 days to get a compliant NTK to you if no ticket attached to vehicle. Send that appeal now and they just correct their NTK (with a mental "thanks for the heads up") and send you a compliant one.

 

Less is usually more - keep your powder dry.

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nice friend...NOT!!


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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Posted (edited)
1 hour ago, Mrs O'Frog said:

Date of infringement 12/08/19

 

They have 14 days to get a compliant NTK to you if no ticket attached to vehicle. Send that appeal now and they just correct their NTK (with a mental "thanks for the heads up") and send you a compliant one.

 

Less is usually more - keep your powder dry.

 

So when best to send it then?

 

surely they cannot reissue if they mess up?

Edited by CofiwchDryweryn

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30 minutes ago, dx100uk said:

nice friend...NOT!!

 

The points look good to me. Whats the problem?

 

Driver is not identified.

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Mrs 'O Frog has put it as plainly as possible. An appeal is useless they are members of the IPC, Gladstones in another frock, you willl lose your appeal. Again it's your choice but we would advise not appealing.


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

 

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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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Sending nothing in at all seems counter intuitive though.

 

Do I just keep the POFA breach for court?

 

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