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    • Write to the IPC complaining that UKPC have not observed the requirements of PoFA . IPC  Waterside House, Macclesfield SK10 9NR Dear IPC, I am writing to complain about a serious breach of the Protection of Freedoms Act 2012 by UKPCM. I feel that as it is more a breach of the Act rather than not just  complying with your Code of Practice which is why I am bypassing your operator. Should you decide to insist that I first complain to your operator, I will instead pass over my complaint to the ICO and the DVLA . My story starts with being issued a windscreen PCN on 8/3/24 which was almost immediately removed and a second  PCN was then  sent by post on 13/3/24  [deemed delivered 15/3/24] which I did not receive and had to send an sar to have that particular mess revealed later  but that is not the reason for my complaint. UKPC then sent a Keeper Liability Notice dated 12/4/24 warning me that as 28 days have now elapsed, I as keeper am now liable for the charge.  This is in direct contravention of PoFA since the keeper does not become liable to pay until the day after the original PCN is deemed to have been given which would have been 13/4/24 -a Saturday ]. Not only does it not comply with PoFA but it fails to adhere to your Code of Practice and is in breach of their agreement with the DVLA. You will be aware that this is not the first time that UKPC have fallen foul of the DVLA and presumably yourselves. I have included copies of both Notices for information. You will realise the seriousness of this situation if this is standard practice from the UKPC to all motorists or just those where windscreen tickets are involved since the Law regarding PoFA is being abused and is unfair to misguide motorists. I await your  response which I understand will usually be within a week. -------------------------------------------------------------------------------------------------------------------------------------------------------I would think that should be sufficient for the IPC to cancel your PCN though  you should await comments from the Site team before sending your complaint. Don't forget to include both PCNs.  
    • Hi DX, Sorry, fell asleep as I was up all night last night writing that statement. Yes, I attached the rest of the witness statement on post 50, bottom of webpage 2. That's the important part.  It looks like the lawyer who wrote Erudio's Witness statement does not work for them any more. So, I'll have another lawyer representing instead. Not sure if I can use Andy's hearsay argument verbally if that happens.... I did not put it in writing. Apart from not sending deferral forms, my main argument is that in 2014 Erudio fixed some arrears mistake that SLC made and then in 2018 they did the same mistake, sent me confusing letters. What is the legal defence when they send you confusing material?
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    • That isn’t actually what the Theft Act 1968 S1 actually says, BTW. https://www.legislation.gov.uk/ukpga/1968/60/section/1 (1)A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it;   The difference between what you’ve said and the Act? a) intent to permanently deprive rather than  just depriving (which is why the offence of “taking without consent” was brought in for motor vehicles, as otherwise "joyriders" could say "but I intended to give it back at the end") b) dishonesty : If I honestly believed A's pen belonged to B, and took it and gave it to B - B might be found guilty of theft but I shouldn't be. 
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My Dog Died = Clamped **WON**


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My dog was attacked by another dog and my son and I rushed our dog to the Vet. Sadly, he died.

 

I parked in a side road. Whilst our Dog was with the Vet I kept an eye open for a Traffic Warden. I saw a van arrive which seemed private and went out to my car. It had been clamped!. I had been in the Vet for about 3 mins. The warden would have given me the ticket and then clamped me within no more than 2/3 minutes.

 

This is the ticket.

 

Waltham Forest

(Road Traffic Act 1991 - Section 66 and Schedule 6 as amended)

Ticket No: XXXXX

Date of Notice: 28/04/07

To the registered keeper of

Vehicle Reg No: XXXXXXX

Make of Car: XXXXX

Colour: Black

Which was left in location

Fletcher Lane E10

At 13.55 on 28/04/07

 

Parking Attendant XXXXXX

(Signature/Initial)

 

 

who believes that a penalty charge is payable with respect to the vehicle identified above on the grounds that the following parking contravention has occured:

 

01 Parked in a restricted street during prescribed hours

 

The penalty charge of £80.00 must be paid before the end of the period of 28 days begining with the date of this notice. If the penalty charge is paid before th end of the period of 14 days begining with the date of this notice, the amount of the penalty charge will be reduced by 50% to £40.00.

 

PCN CONTINUED OVERLEAF

(normal comments on how to pay and where to pay and comments about enquiries and NTO etc)

 

DO NOT PAY THE PARKING ATTENDANT

 

===============================================(detach here)========

 

Payment Slip

 

Notice No: XXXXX Date of Notice XXXXXXXX

 

Veh Reg: XXXXXX

 

?80.00 Full Price

?40.00 Discount Price

 

FOR INSTRUCTIONS ON PAYMENT SEE OVERLEAF

 

If payment is made by post please detach slip, complete the details on the reverse and return with your payment, to the address shown overleaf.

 

Issued by The London Borough of Waltham Forest

On Front of PCN

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There is a sign that says No Parking Monday to Saturday 8.30 am to 6.30pm

 

I have a photo of the single yellow line but its on my mobile.

 

I do not think the single yellow line is compliant.

 

My car was parked about 20 yards from the main road. In front of my car there is a solid yellow line with a TBar. After that Parking is allowed

 

Behind my car there is about 5 yards of very faint yellow paint with very faint white paint in front....Then there is about 8 yards of either no yellow line or some strange yellow markings in the road. These go from the pavement out (strange). After that its Double Yellow Lines for the last few yards of the road. There is no TBar on the other side of the Single Yellow Line.

 

 

What should I do?

 

I had to pay the clampers about £200.00.

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Guest xipetotec46

I am confused.. How come you had to pay £200 when the pcn stated it was only £40 and you had 14 days to pay?

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Guest xipetotec46
Reason I had to pay circa £200 was because they had clamped my car. I would estimate the clamping happened about 2/3 minutes after my car was ticketed.

 

The penalty charge of ?80.00 must be paid before the end of the period of 28 days begining with the date of this notice. If the penalty charge is paid before th end of the period of 14 days begining with the date of this notice, the amount of the penalty charge will be reduced by 50% to ?40.00.

 

There may be something different in Waltham Forest but I don't think you can be clamped for a parking contravention if the above statement is correct. you have 14 days to pay £40 and 28 days to pay £80 why was you charged £200 and why was it clamped.

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Guest xipetotec46

Phone the council ask them why they clamped you.

Howard can you get a copy of the PCN on here both sides lets see if there is a problem with the PCN, I find it's better with a camera pic a steady hand is needed then host it on ImageShack® - Hosting choose No1 image for forums.

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Guest xipetotec46

Were there any signs to say you could be clamped and the amount, if there are not then they cannot do it, legally anyway.

Hang on a minute is this a private car park or council, as you state that the PCN says... "To the registered keeper of

Vehicle Reg No:" I have never seen that wording on a PCN

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  • 4 months later...

Update on this.

 

Waltham Forest accepted my informal appeal and refunded PCN and clamping fee.

 

Following this I wanted damages and requested £115.00

 

After 2 letters they refused to pay and I issued a county court summons for £115 + £30 court fee.

 

They paid me £145 within 2 weeks.

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Guest xipetotec46

Following this I wanted damages and requested £115.00

 

After 2 letters they refused to pay and I issued a county court summons for £115 + £30 court fee.

 

They paid me £145 within 2 weeks

 

Excellent howard and well done for sticking at it you are an inspiration to others now.

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