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    • Hello I hope someone can give me some advice here, as I am at a bit of a loss on how to proceed. This relates to alleged offences under the RTA. Yesterday I received a notification from the local police of intention to prosecute for the following offences: 1 driving without due care and attention 2 failing to stop at a road traffic accident 3 failing to report a road traffic accident At this stage they have only asked me to say whether I was the driver at the time or not and provided a blank sheet of paper to give information about the incident. Going by the location (just round the corner from where I live) I can only imagine this relating to one recent incident, which wasn't actually an accident but more of a road rage event. I was driving past someone unloading or working next to his lorry which had stopped in the road. I wasn't going fast or anything, while I went by lorry man turned around and punched and kicked my car whilst going past him. I stopped and got out and wanted to know what he thought he was doing punching and kicking my car. He then hurled some verbal abuse at me, swearing and he was quite aggressive. I still didn't know what his problem was and said I would report him to his company for threatening behaviour and vandalism for punching my car. I got my phone and tried to take a photo of his lorry and number plate but at that moment he came right at me, still shouting and swearing, so I was worried he may hit me next, as he already punched my car. I thought if the guy hits me I will come off second best, so I decided to retreat. I quickly got back into my car and left. When I checked my phone later the photo I tried to take was blurred and useless, so I thought it was pointless to report the incident to the police, as the guy would not be traceable. Over that I forgot about it until I got the letter yesterday in the post. This is the only thing I believe this can relate to, but I have no idea based on what the three above allegations come from There was no road traffic accident, more of a road rage incident. So I am at a loss what to do. I have 28 days to respond. Should I just say yes I was the driver and was there and see what happens next, or should I already make a written statement on the attached piece of paper they sent me and send that with it ? Is there anyone here who would have a rough idea what to do next ? I tried my legal advice line through my Union, but they have sent me from pillar to post, now say it needs to go to a different department again and that would be chargeable as the RTA comes under Criminal Law. So any advice would be appreciated Many Thanks
    • So a quick update got bounced around two different departments and managed to speak to a DVLA bod , explained the situation and they could see the overlap and that DD payments had been made from Feb , also no formal remiders prior , they gave me a number for the legal dept who I am calling this morning to see what they can do in terms of the SJP notice , still have time to submit this online.  Will update after my chat this morning 
    • filed the defence at same time as suggested @dx100uk
    • Also, I am trying to understand how invoicing a large sum in a 6m period becomes tax fraud?   Is it because if he had invoiced over the £85k threshold he should have been obligated to charge vat?  Which would have meant hmrc would have benefited from the vat amount? So by not charging it Hmrc have lost out on £s revenue?  Is that what makes it tax fraud? So as a self-employed contractor, let's say he invoiced one Co for 200k.  Should he have charged vat on the full 200k (£40k)? Or just on the sum above the threshold (£23k)?  And that by not charging vat, he has knowingly withheld tax £s from Hmrc? And is the payer complicit ?
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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One Parking Solutions Windscreen PCN - private flat bays, share of freehold . - Durrington, West Sussex.


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Yes, well done.

If you have a look at post 9 of dbuk2000's thread there are links to other cases featured on the Parking Prankster's site  https://www.consumeractiongroup.co.uk/topic/466177-ukpc-2x-windscreen-pncs-claimform-forgot-permit-appealed-res-parking-my-own-space-east-croft-house-86-northolt-road-south-harrow-ha2-0es-claim-dismissed/#comments

Also have a read of dbuk2000's Witness Statement.

 

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Thanks guys, will continue reading up and arming myself.

Also have had a gander at my lease. The quiet enjoyment clause is indeed there.

Also to add, have checked the council site and they have no planning permission for the signs.

As this goes against their ATA, I presume their request for my keeper details from DVLA was unlawful?

Judging from dbuk's case, I probably don't want to add this to my WS. But, I am keen to sue them on this point.

However, would it be better to wait until a PCN case concludes or?

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3 hours ago, iamgnome said:

Also to add, have checked the council site and they have no planning permission for the signs.

As this goes against their ATA, I presume their request for my keeper details from DVLA was unlawful?                                                                      

Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone.

3 hours ago, iamgnome said:

Judging from dbuk's case, I probably don't want to add this to my WS. But, I am keen to sue them on this point.

But sue them for what?  They haven't really done much apart from sending you stupid letters.

Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot.

Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands.

Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them.

If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.

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please stop using @username - sends unnecessary alerts to people.

everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Thanks Dave, understood on the sign point. And yes, I'll make them carry the risk, as you say.

Also, I've mentioned the signs to the MA. He sounds like he's freaked out by his email reply. Note: I haven't said I'll go to the council, but I'm keeping that one in my back pocket for when I need it.

Lastly... the damn MA has finally set out a date for an AGM and one of the resolutions... is my directorship! I'll keep you updated on this.

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59 minutes ago, iamgnome said:

Also, I've mentioned the signs to the MA. He sounds like he's freaked out by his email reply.

Well done on keeping the heat on him!

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We could do with some help from you.

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Are Resident car parks subject to Planning permission under Town and Country Planning {control of Advertisements ] Regulations?

SCHEDULE 1CLASSES OF ADVERTISEMENT TO WHICH PARTS 2 AND 3 DO NOT APPLY

Class A

"1.  The advertisement is not readily visible from outside the enclosed land or from any place to which the public have a right of access."

As a private residential site does the public have a right of access?

This particular Act has so many caveats that even many Councils do not understand it and that includes me. Though I do understand it better than many council planning departments.

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Whatever the nuances of the law, they will be lost on OPS, who like the rest of the PPcs never bother to get planning permission, ever.

When they get a new contract they don't want to delay issuing PCNs by deigning to follow the law, especially as the period when they take over and the parking restrictions are new is the time when they can catch most drivers out.

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  • 2 weeks later...

Thanks guys. So, an update on this.

One of the Directors called me earlier in the month. Not sure if they were pleading ignorance, but they genuinely seemed shocked at what I was saying about OPS. They said that once I was made Director, they wanted to discuss a way forward with me on this issue. I presume that meant putting in a solution that would mean that residents stop getting ticketed. Good result there, if so.

Interestingly, a few days after, one of OPS's goons arrived at our site. One of my neighbours rang my doorbell, warning me that OPS were taking pictures of my car (which I left outside without a permit), and then were hiding behind one of our flats.

I went over to confront said goon and gave them a piece of my mind; telling them that they were scammers and were trespassing, therefore should leave ASAP, or I'll take it further.

Came back an hour later and was pleasantly surprised to see that they didn't ticket me, despite me not having a permit up.

Not sure what this means, but maybe the Director and MA got spooked by emails and finally whitelisted me? I haven't heard a peep about my PCNs either, though no formal email to say they've been cancelled. Either way, very interesting results, which may indicate that my message is getting into their heads.

I'll keep you guys updated as I hear more...

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  • 3 weeks later...
Posted (edited)

Hello all... another update! OPS have brought in a DCA who are now chasing me for my first 'contravention'. Sum is £150 so above the original PCN fine.

I take it I continue to ignore until LBC?

Edited by iamgnome
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where does anything say FINE please?

a dca is not a bailiff on any debt..zero legal powers at all

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Share on other sites

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