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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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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

Single Premium PPI Q&A Read Here

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

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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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PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

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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Sending nothing in at all seems counter intuitive though.

 

Do I just keep the POFA breach for court?

 

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