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    • Hi everyone. Just a quick update. I followed the advice and tried calling DCB Legal, however they are still not answering their phones, nor have they responded to the emails I've sent, the last one being a request to Consent to a Set Aside.    I am posting all the SAR's tonight, special delivery signed for etc and keeping receipts for costs.   I started panicking on Monday as the CCJ is now preventing me from finding a new rental and I  am due out in 4 weeks. So I contacted a solicitor who said, as you all have thanks, that they think I stand a good chance of a Set Aside for all the reason mentioned in this thread and even more so because DCBL aren't even answering their phones or replying to emails. To save money the solicitor suggested I apply for the N244 myself as it is straight forward, and to only use them when the case returns to court to ensure a better chance of success and recovering all my costs and legal expenses. I'm wondering if it would be better just to let them get on with it, as I really need to get the Set Aside done ASAP, or my landlord will begin eviction proceedings. I know my rights, but I don;t want to overstay as a bad reference will also get in the way.   On another note, other solicitors have been operating for weeks, I wonder if DCBL are using this time as a tactic and not responding to peoples emails, hoping they will just pay on their website.  I read about the OBS Legal case in 2011, why are these dodgy outfits allowed to continue operating? I notice countless pensioners complaining about being fined at St Johns Retail Park, how do OBS & DCB sleep at night? There must be better ways of making money than scamming people? At the very least, putting up Substantial signage would go a good way to warn people and show they are not out to scam.    Thanks for everyone's help so far.    
    • Brillianty, keep that email safe and print a hard copy, the PPC should tell you its dead, but keep that email, as its not unknown for a PPC to revive it 6 months or a year later.
    • Ill just copy bulk of doc:   "Our solicitors were instructed as a result of legal action that took place in respect of outstanding arrears on your account.  In accordance with the terms and conditions of your loan agreement, the legal costs incurred below have been applied to your account.    This fee will not attract interest and will not affect your current arrears balance.  This will remain on your account until you pay the fee or when your account is settled."
    • 2 weeks ago a car went into the back of me when i was stationary.   All OK and despite a massive shunt into the back of us, only one visible neck injury.   I had only had the car for 1 week therefore the policy for 1 week..  I called my new insurer Hastings Insurance and asked them what the process was as it was not my fault.  They said you need to log it online.   I did that - the only method was by submitting a claim, Called and ask them if that was correct as I didn't want to make a claim, it was not my fault.  They said this was the way to go so I logged all the details online as instructed.   At the moment I have a hire car which was delivered the next day via Enterprise.   Hastings called and advised that CoPart would collect my Micra on Monday (Monday just gone).    I asked Hastings if at any point i wanted the car back I could do that they said that would be fine.  (My plan was to have the car assessed and 'buy it back; and get it repaired)  Received a text from Hastings saying my car was assessed and marked as Grade B, no longer road worthy, and no i cant buy it back. They have offered £675 for my Nissan Micra.   My Micra was extremely clean, 61K Miles, Full Service history had been in our family for years and taken good care of.   Hastings advised that out of that money unless I have a new car to go onto the policy they will have to deduct the £450 for the rest of the year outstanding on the policy meaning that from this I would end with about £275 and no car.   So to get a new car I will have to ask my parents to borrow some money to buy a new car to get it on to the policy (which Hastings have given me 2 weeks to do!)    I asked Hastings what was happening as this felt like I was claiming on my own policy but it was not my fault, they explained that the other driver had not admitted liability (although it was certain they would have to) and that until the claim was settled with a final cost they would not be able to claim these costs back from the other drivers insurance company.   Also can anyone recommend a good lawyer to help me with legal costs?   Sorry that this is a long post I just get the feeling that something is out of sorts here.        
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Cabman666

APCOA 2xPCNs - Dartford Railway Station

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I am dealing with two infringements here.

05/11/19, and 07/11/19.

They are both identical paperwork which I have attached in merged PDF format.

 

I will deal with only one here for the purposes of this forum-(The infringement of 05/11/19).

I am not sure that the land in question is owned by the rail company ?

 

In both, the PCN to me exceeded 14 days ( NOT windscreen).

You will note in their reply to challenge that they are not using POFA so they will prob claim that this does not matter.

I have attached a letter that I am considering sending them.

Thanks in advance for any help.

 

1 Date of the infringement 5th November 2019

 

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

 

3 Date received 13th December 2019. I was on holiday until then.

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]  NO

 

5 Is there any photographic evidence of the event? Yes - see attached documents

 

6 Have you appealed? [Y/N?] post up your appeal] Yes - I had not seen this forum at that time.

 

Have you had a response? [Y/N?] post it up Yes - see attached documents

 

7 Who is the parking company? APCOA

 

8. Where exactly [carpark name and town] Dartford Railway Station Car Park - Victoria Road, Dartford Kent ( not sure it is raileway land ? )

 

For either option, does it say which appeals body they operate under. BPA / IPC

 

If you have received any other correspondence, please mention it here PCN ( both sides), their Reply to my Appeal, Demand for payment x 2

- Only one attached (other is identical to the first) as PDF's in one document.

File size would not allow both.

 

 

554_Redacted_Basic_Paperwork.pdf

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Wow, you have quite a few tickets to deal with.

 

From your 1. and 2. it seems as if they could be out of time. Please wait for the experts to comment.

 

HB


Illegitimi non carborundum

 

 

 

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Not all mine, but without going into detail somebody in my family is a parking nightmare for valid reasons 😱

 

 

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Use pdf reducer in upload guide

stop scanning in such a high resolution

the land is covered by byelaws

 

who told them to appeal??

 

DX


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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They can say what rubbish they want, but the POFA is a law.  They don't know who the driver is, they haven't followed the POFA, so no keeper liability.

 

Then it's a prohibition.  Plus bye-laws apply.  So you won't be paying a red cent..

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I appealed on their behalf a long time before knowing about this forum.

hopefully all is not lost

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Thought I read that POFA was optional ?

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Ok my post meant to say, like your s, is it covered by byelaws?

i dont think so..

all is not lost no

await if/when letter of claim

can you get photos of all the signs/clear wording/location please??

 

Dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Will try DX but working all week so may be dark

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If they don’t subscribe to POFA, were they entitled to get keeper details from DVLA ?

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If you click on POFA in someone's post, it tells you it's an act. People can't choose not to subscribe, it's the law.

 

HB

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Illegitimi non carborundum

 

 

 

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Thanks 👍🏻

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Confused 

My ticket has not been issued within 14 days – does that make it invalid? 

http://www.knowyourparkingrights.org/News/faq#7

 

The timeframe of 14 days only applies if the operator is relying on the Protection of Freedoms Act 2012.  If the operator has not mentioned the use of the legislation within their notice, then they do not have to stick to the timelines stipulated within the Act.  This usually applies to tickets issued using ANPR (Automatic Number Plate Recognition). 

 

 

 

 

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Now might be a good time to re-read this thread, cabman, we're starting to repeat advice.

 

HB


Illegitimi non carborundum

 

 

 

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Ok will do

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Funny that the charge has now increased to £150 and they are quoting Beavis v Parking Eye where it was decided that £85  was not unconscionable. £150 looks like a penalty and so is unenforceable.

 

Just a point of clarification. The NTK does not need to be delivered before the 14 day period. But they cannot then rely on POFA to sue the keeper. They can only take the driver to Court if they know their name. So never reveal the driver and you should be ok.

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Thanks very much for clearing that up !

excellent news 😊

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In that case I shall await a LBA before any next steps 👍🏻

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Another reason not to appeal is that the parking companies think that you will be worried when your appeal is rejected. So they up their threats thinking that you will be more likely to pay than some one who couldn't be bothered to appeal. The latter they think will be harder to get to pay so go for the easy ones.

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POFA regulates the ability of a company that manages car parks to issue demands from motorists and to create a keeper liability AS LONG AS CERTAIN CONDITIONS ARE MET

 

Now parking is a fairly simple matter of contract law but the POFA says the parking co has to issue the correct sort of demand or there is no liability for anyone to pay them. Thos, if they have done it correctly applies to the driver as they were the ones reading the contract and parking the car.

 

If the parking co doesn't know who the driver is then they CAN create a keeper liability by following a prescribed course and part of that is issuing a notice in the correct period. If they dont jump through these hoops then they can only chase the driver and they will have fallen foul of the GDPR and the KDOE contract they signed up to with the DVLA.

 

Now by appealing and identifying the driver the keeper conditions of the POFA are negated and it wouldnt matter of you told them you were the driver 2 days or 2 years after the event, the effect is the same.

 

So the question you need to answer about these demands is what EXACTLY did you put in the appeals?

 

Now the plus side of their NTK is it fails to create ANY liability because they didnt use the key phrases to create one.

Basic accounting errors but that wont stop them chasing you and I have yet to see a court claim defended solely on this basis and wouldnt risk it either as judges seem to understnad the keeper liability bit but havent digested the rest of the Act fully yet.

 

Appealing will have encouraged them to think you are going to pay so lets see all fo the correspondence and we will advise accordingly

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Hi

I appealed online on 28/12/19.

I have attached my submission as a further PDF

 

Thanks

 

 

Appeal Reply.pdf

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Our upload guide might help, Cabman.

 

HB


Illegitimi non carborundum

 

 

 

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i've sorted the file for you

 

so didn't i'd the driver

well done

 

dx

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thanks dx

 

Meant to do it, but working all day !!

 

Yes - no id of driver !

 

 

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await lba or letter of claim om either.

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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