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Jamberson

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Everything posted by Jamberson

  1. I assume you don't want to divulge it yet because you envisage that there is money to be made by having exclusive ownership of the idea? If I were you I would see a solicitor and discuss the best way to protect your idea. As there is no technology involved I doubt you could obtain a patent, but speak to an expert. Once it's legally protected, you can present your ideas.
  2. I would. The extra fee will only be the cost of them registering the debt with the court - I think it's £5. But doing it this way gives you a route back into the appeals process, and you'll get the additional costs revoked anyway.
  3. Hi. Before a PCN can be enforced, you are entitled to receive a Notice to Owner for each one and exercise your right of appeal against the two charges. If you did not receive the Notice to Owners, because you moved, then you have grounds to contest this enforcement. If you failed to notify DVLA, that's one issue, but it's not something which can be used by the local authority as a mechanism to insist you pay the bailiffs and their associated fees. Forget the issue of the original contraventions for the moment - you have a right to contest the bailiff warrants if the Notice to Owners went to your old address. While you do so (which you do by filing an "Out of Time Statutory Declaration", one for each PCN), the local authority should instruct the bailiff to hold fire, so if I were you I would get them filed ASAP. It's not as complex as it seems. My advice would be to ask Northampton County Court for the forms at once (remember, "Out of Time", which is important) and get them filed as soon as you can. There is a slim chance the bailiff will act in the few days between now and your filing the forms, but if you've communicated with them already about payment plans, chances are they will not jump on you just yet. Get the forms filed, then hopefully the bailiffs will be called off completely and you'll be back with two charges which you can appeal with the authority - or just pay them at the normal charge. Normally filing the Out of Time Statutory Declarations entails filling them in by ticking the box which says "did not receive the Notice to Owner", and in the explanation bit, explain that you moved house and did not update DVLA quickly enough. (Don't fill in loads of stuff about the parking contravention itself - it's not relevant to this process.) Then, take them to your local County Court and advise the person on the desk that you want to file them. They will witness this, stamp them for you, and then you need to post them to Northampton County Court. It doesn't take long. If they are rejected for some reason, you will be notified in writing and won't incur anything extra meantime. If they succeed, you've at least saved a load of fees.
  4. When you say "non display of a valid parking ticket" you mean you were in a pay & display space with the ticket not clearly displayed? If this is the case, then like it or not you were committing an offence and the PCN can be enforced legally. (I'm assuming there's no other issue with it - eg the PCN had the correct plate on it and so on.) All you can do is appeal to their sense of fair play, but there's no right of cancellation just because you bought a ticket. It's harsh but true - it's pay and display, and the "display" is very much part of the deal. If you want to fight it, you can wait for the NTO and make a formal representation. It's unlikely to succeed unless you have something new for them to consider - eg if you didn't send proof of the ticket with your first appeal, and you do now, then that might pursuade them. Or it might not. Merely submitting the same argument again with no new evidence is almost bound to fail.
  5. Yep, agreed. In my experience they use a digital code (something like HTD - Handed to Driver) which becomes part of the computer record, so they may not even refer to a notebook and may use a screen dump instead. This info will have a bearing, but if they deliberately lied about having a photo, and the statement in their letter is very clear on the matter, I personally would take the case forward to appeal as their evidence will be contradictory and look unreliable.
  6. Their letter says they have a photo of the PCN on the windscreen. If this is true, I'm afraid you don't have a real case. If your claim that the PCN was never served is your only line of defence, but they can show a photo proving it was served, this will be pretty conclusive for the adjudicator. However if they do not have such a photo, this statement in their letter would probably swing it for you at PATAS. If you deny that the PCN was served and stick to your version of events, and they have clearly told an "untruth" about their photographic records, that alone would possibly settle the matter in your favour at a hearing. They will look like they are fabricating details to make you pay up. A PCN is served if it's handed to the driver, so you would have to categorically deny that it ever touched your car or you. That photo should be a clincher if it exists.
  7. Hi. The system works like this: When a PCN is issued, the Local Authority will issue a Notice to Owner to the person they believe to be the owner of the car. Usually they just find the registered keeper of that registration number, and they "believe" them to be the owner of the car. You instantly become legally liable and get an NTO (Notice to Owner) and have 28 days to contest liability. In this case, the NTO was dated 23 December and you did not contest it in time. Not your fault perhaps, but nonetheless you forfeit your right of appeal. Now for a possible route you can take... If you were genuinely unable to contest the NTO because you were abroad, then you can ignore the charge certificate and wait until an Order for Recovery is sent to you. At this point you will have the right to file a Statutory Declaration which is a legal challenge to the Charge Certificate. It's legal, but not too complicated to do. The letters will explain how. You will file it on the grounds that you did not receive the Notice to Owner - you were out the country. NOTE - it is NOT a challenge to the original PCN, just to the charge certificate. Normally, if you do this in time (as stated on the document) it will be accepted without question. What it does is compel the local authority to cancel the charge certificate and issue you with a new Notice to Owner. Assuming it goes as it should, then "bingo!" Now you have 28 days again to contest liability for the original PCN, on the grounds that it was a cloned plate. Send them a photocopy of your tax disc at the time, as the parking attendants normally record the serial number from the disc when they issue a PCN. Obviously if it wasn't your car, it will have a different tax disc in the windscreen. If this isn't viable for some reason it's more tricky but comparing photos will probably do - they will look for clues on their photos taken when the PCN was issued - such as the styling of the number plates, upholstery (if visible), chips or dents in the paintwork, they types of bumpers, and so on to verify whether it is a different vehicle. They should be happy to send you copies of their photos if you ask, so you can see for yourself. It is also important that you do not try and enter into an exchange of correspondence with them. They won't play ball and it screws up the process and works against you! Wait for the new Notice to Owner then send everything - your representation, copy of the tax disc and some photos of the car all at once. The whole bundle will constitute your appeal. If you leave some out, say the tax disc details, they will process your first letter without it and your sole chance to submit a representation will be 'used up'. Also - speak to DVLA and the police about the cloning... more serious things than parking offences could come your way, so get it on record that someone's cloned your plates! Hope this helps.
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