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battyboomboom

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Everything posted by battyboomboom

  1. The Court of Appeal (I think it was the Vine vs Waltham Forest case) ruled that you must see, read and understand the signs, so it is more strict than the RTA 91. Personally, I wouldn't bother with RTA, because it doesn't apply to private parking, for it needs to be DPE and have a TMO. And that letter above should be a LBA, and you don't need to get a decision from them - give them 2 weeks and then sue.
  2. Maybe a face to face meeting is in order...
  3. IIRC the Parking Order/TMO is publicly available, so the council should not be able to withhold the information, thus they should not be able to "consider" the request.
  4. RichardM, well why would NCP bother going through a DCA rather than going straight to the Magistrate's court?
  5. I would just ignore it, it's extremely unlikely to go to court, and if it does then we'll all help you and assuming they do turn up in court, they will get beaten. Or you could write and say "the driver (don't name them) had a blue badge, feck off etc.". Remember, until it goes to court and you lose (which won't happen) they cannot get their money - unless you pay them, which you won't!
  6. Are You Having A Laugh With The Way That You Write Or Something?
  7. Do you have a link to the terms and conditions or can you reproduce them word for word here? Can you also post all corresspondance from them, including the ticket/original notice - suitably washed of details this time!!! BTW, you can only be liable for the legal fees if you somehow lose. As Barnsley Boy said, £120 for covering the permit with some papers bears no relationship to their losses, and, given that they will have your registration number on file no doubt which a quick phone call could confirm, is entirely unreasonable.
  8. You can call a penalty whatever you like but it is still a penalty under contract law!
  9. Ignore old_andrew2007, he's a bit of a troll/spammer TBH. As I understand it, the tickets have been registered as a debt as you haven't appealed, and the sheriff officers will try and get payment off you - how much is it anyway? You should ask the council for the PCNs, NTO and all other correspondance relating to you - a subject access request - enclose a tenner and they'll do it. Then I think you can complete a statutory declaration to get the debt set aside and allow you to go back to the NTO stage which will allow you to appeal or at least pay the reduced rate I think. You could also post up the letter, removing personal details etc, so we can have a look. You might also get help over at FightBack Forums -> Parking Tickets There are also posts by bmwman on here on the subject of stat decs.
  10. Don't get irritated, just ignore them. If your wife was given a invoice from a bed shop as she left the store, because you lay on a bed for more than the allowed time - but you never saw any signs because they were on the other side of the bed - would you pay? You should also report them to the police because your last post shows they have committed fraud, amongst other things. P.S. A member on Pepipoo recently was issued with a MoneyClaim OnLine summons from this company, UK PAO (How you doing Stevie boy ), but dropped it before it got to court! See Help! Parking Ticket (UK P.A.O. Leeds) - FightBack Forums
  11. Why not be big enough to show your qualifications, and stop your idiocy when it comes to your quite obviously jealousy towards LA. Nothing he has said has made me or others doubt his qualifications, and it has been confirmed by this site and Pepipoo - I know who I'd rather give me advice on these types of matters....
  12. The main problem with taking it to the Court of Appeal Interesting, is that for it to get there a knowledgeable and wealthy defendant would need to be taken to court by a PPC - and as you well know that doesn't happen because they would lose. And a PPC if they lost wouldn't take it all the way because they would lose!
  13. Ok Interesting, it's not a court victory, but it's a victory and a defeat of a PPC in a civil claim.
  14. Best to fight fire with fire, or, in this case extortion with extortion.
  15. Remember, no other information other than that in the article has been presented to us, so no case numbers etc. Which means it could even be a setup by the PPC...
  16. From Simon K, at OMG - PPC only gone and issued a Claim Form!!! - FightBack Forums 1. Yes 2. Yes 3. Yes 4. c) PPC failed to fill in allocation questionaire in time (OMG - PPC only gone and issued a Claim Form!!! - FightBack Forums) Defendant also awaiting judgement on counter-claim.
  17. Interesting, you say Perky wouldn't release the details of a new case to Legaladviser due to the DPA: what was so different when Perky was going to allow LA to appeal the Blackburn case that made the DPA not apply to that one? Anyone can make selective use of the facts to show whatever they want. At the end of the day, only one side can be right.
  18. Is it just me, or does anyone else notice the lack of an actual defence quoting the law or case law?
  19. First off, private or council ticket? Has she had any documents regarding this before the bailiffs arrived - she should have!
  20. Tom, you're not the alone in being fooled by the authentic looking documentation. This post Help! Parking Ticket (UK P.A.O. Leeds) - FightBack Forums was by a fellow law student who was thinking of paying under duress, but if you read responses and the entire thread you find out what to do. She was eventually received court docs, but they are laughable - she got plenty of help from people on there to submit a defence. Treat this as your first assignment as a lawyer - real life practical experiences is always good when training for a job! First off, if they used the term "Fixed Penalty Notice" they commit an offence under s40 1 (d) of the Administration of Justice Act 1970,Administration of Justice Act 1970 (c.31) - Statute Law Database. Also, they commit an offence under s2 of the Fraud Act 2006,Fraud Act 2006 (c. 35). In the first instance, I would send a letter before action, giving them 7 days to pay the £50, otherwise you will commence court proceedings. If they don't then submit a claim at Money claim online. PS. The date on the ticket has nothing to do with it - it is simply an unenforceable invoice!
  21. Depending on what paperwork etc you have from them, they probably have committed Fraud as well.
  22. But if you never pay an unenforceable debt, it doesn't matter how much it becomes, it's still unenforceable! Remember, if I sent you a letter asking for money, and was aggressive, would you pay it?
  23. They can call at your premises if they want, you simply tell them to get off your property; if they attempt to take anything, or don't bugger off then call the police.
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