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vax2002

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Everything posted by vax2002

  1. Did you use a credit card ? if so report it as a fraudulent transaction, which it is as it falls outside the contractual obligations as it is an invoice, not a fine, only a court can fine
  2. I presume... you failed to post, or did you and they just never received it. Read slowly 5 times....Sank in yet ?
  3. Not your money is it ? Why dont you pay it for them if you are so flush
  4. Write to the council and highways and DEMAND (Never ask or request when dealing with parking penalties) the Traffic Regulation Order that covers this area listed on the ticket. With a bit of luck they wont have one.
  5. Can you post pictures of the ticket they gave you ? If you can not, then I can not help you any further.
  6. Please post up the ticket details Time observed Time issued Offence/ Contravention code
  7. This bloke has two mouths on one face, one that talks populist rubbish and one that does the exact opposite behind closed doors. All lip service and no action.
  8. First things first. you NEVER ask or request anything you DEMAND. Write to the council and DEMAND they provide the full unedited uncropped images taken by the warden as they are evidence required for the appeal. They may just ignore you. Appeal on the basis that the Contravention did not occur as you were not parked at the location shown upon the ticket. It can not be changed. They are dab hands at ignoring appeals, so write down timescales and post recorded delivery on the dot, even if you dont hear back. Informal Appeal, (NOW) Formal Appeal (after notice to owner) Adjudication Appeal ( after rubber stamped failed council appeals) Wrong location is fatal, but only at adjudication, before that, they are God, Judge and Jury and expect them to behave as so.
  9. You have just got the rubber stamp appeal, you have to issue a formal appeal when you get the notice to owner and then apply to parking adjudication. Your appeal, the contravention did not occur. Stopping is restricted in hours displayed by signs ticket is issued for PCN code no stopping, at hours exempted by sign. Expect all appeals to be rubber stamped up to the adjudication. write down timescale dates, if the council fail to respond move straight on to adjudication, failing to answer appeal on time is fatal to the ticket. Do not request anything, DEMAND, the ticket is cancelled.
  10. Edited I can now see dashed lines to the roadside edge on another angle, so get some pictures to show if they have worn away ?
  11. File a claim with e.bay at the earliest possibility, LIKE NOW !
  12. Do you have any recent pictures of this bay. It does not comply to the required bay markings as it has no dashed white line to denote a bay of any kind and the sign is not a permitted variant of loading only, restriction times must be accompanied by a yellow stripe on the kerbside edge of the bay and one of the permitted variant signs used. . The sign must say no loading or goods vehicle loading only, the 20 minutes is not a permitted variant unless they have an exemption TRO this advice is based upon the signs as shown on google.
  13. They are two types of lien, legal and common law. A legal is by way of contract in which the terms and conditions are made out clearly and consideration is given and the contract signed. The second a Common law Lien relies upon a grant been made, such as if you dont pay we wont give it back and the owner of the property offering this grant, effectively placing the property in to trust. Not many courts will hear a common law lien argument where a business is involved as to obtain a contractual one is pretty much common sense. A telephone conversation does not for a contract of unseen or unsigned terms or allow anyone to make them up as they go along. The garage is only entitled to and costs / losses it can account for, account as in making a bill and offering the bill as a taxed option. taxed as meaning the bill is broken down in to the formulae that was used to calculate the charge.
  14. TO OP ! So they now think they can fine you? WRITE BACK. Please take this matter straight to court so I can issue a counter claim for damages due to harassment. firstly you mention that you have "fined" me for not receiving a letter you posted. Issuing fines is outside of your jurisdiction, you are authorised to issue penalty notices only, your attempt to claim you have fined me an action which can only be made a magistrate or judge are duly noted. Issued documents provided are a copy of the V5 registration certificate obtained from the current keeper that clearly shows the date of transfer of current keeper. This limits my liability for any penalty to that date and not beyond. I am not at liberty to point out or prove your failings in this matter, this is your job ! This is my final offer for you to apologise, call off your bailiffs and put right your mal administration, I would also welcome an offer of compensation for the stress and harassment you have caused. If no satisfactory reply is received within 7 days to this matter as I am currently been harassed by your bailiffs I shall make a full compliant to the Government Ombudsman scheme as well as issue proceedings for harassment against DVLA and your bailiffs in the county court.
  15. was the receipt made out to a private individual, example van sale Joe blogs, or was it in your business name. Consumer rights only apply to consumers, the clue is in the title. If you bought the van as a private consumer, you have legal rights and you should exhaust formal conversations, such as asking for a refund, if this fails, serve a WRITTEN notice upon them of formal rejection of the vehicle, I will show you how to construct a legal one, please observe the capital letter areas. (a written notice of rejection) YOUR FULL NAME IN BLOCK CAPITALS address and contact details Purchaser of vehicle REG HERE from dealer FULL TRADING NAME OF DEALER IN BLOCK CAPITALS . Notice is SERVED that the vehicle purchased is not fit for purpose. Subsequent offers and acceptance of attempts made to repair the defects listed below have proved unsuccessful. (list all defects) I now SERVE NOTICE that in accordance with the sale of goods act the vehicle is rejected was not fit for purpose and the refund of full purchase price shall be refunded. I demand that arrangements are made to facilitate the refund. yours signed............. name in BLOCK CAPITALS Date: This notice then needs to be served, placed in to the hand or at the feet of the trader with some evidence such as camera phone . This will give you a better legal position if a court dispute arises. Now the reality bit, your rights and the real world can be some what different. Whilst ever you have the van you have some collateral, if the dealer has the van and your money, if he is a LTD company he can fold and keep both leaving you chasing your tail. This is all too common in the Auto trade, a big loss arises and they liquidate and start up again, often the same day. Stock can be sold on commission from a separate asset holding company and the assets of the selling company can be as little as a desk and telephone, so do be careful with the asset collateral
  16. Would depend what type of warrant. On an arrest warrant, they dont write to tip you off first. They send it to the local bridewell who have a police warrants team that go out each day round em up. They explain the warrant at the desk.
  17. In Leeds Lower Briggate, The police are not interested as usual. I have also heard our mate Ted in Haworth is using large boulders to heavy to lift to block the car park entrance until his tickets are paid.
  18. Any "court" proceedings are civil court "money court" where they can claim actual losses occurred. An actual loss is not an admin fee, or charge for writing begging letters or staff wages. It is what your trespass cost at the time If the car park was £1 an hour and you paid £1 and stayed £2, you cost them £1 If the car park was free and you over stayed, as the space generates no income, you lost them nothing. The county court thesis is you can not put in a claim for what you have not asked. So if you owe them £1 and they have not asked for that £1, they get nothing, anything else is an unlawful penalty, which private firms can not charge.
  19. I have heard of Human Clamps ! A ppc ticket is written and a few bully boys stand in front and behind until you pay up. Basically clamping without the clamp.
  20. IMO The adjudicate will say that the signs are two separate signs in two marked boxes, the first ordering that no waiting is allowed, the second giving exception or grant from the above displayed order of controlled zone. In absence of the second sign,or removal of the limitation of prescribed hours the first sign is enforce. If they had done all the sign, you might have an argument. You may be lucky, they may be on a good day, the worst case is you pay the full amount without reduction.
  21. They are many types of warrant, if a live arrest warrant was in force, the last thing they would do is write to tell him so. The warrant would be issued to the warrants office and the police team would have picked it up the same day and knocked the door. Now what paper work has been sent from the courts, when was the hearing and why did he not turn up ? This looks more like an attempt to get him to start paying the fine and costs. He will have received numerous letters, they need to be sat down with and read through. He may be able to file an appeal if this is a DVLA penalty notice. But we need a lot more details of exactly what you are referring to. The court office can not change any fine, penalty due to circumstances, an appeal has to be lodged against the sentence and the level of punishment is re-heard by a panel of 3 judges. They often kick most of the charges in to touch that get passed in a magistrates court.
  22. Assuming that you are the registered keeper : Parking eye can sue you in court for the loss you have caused and nothing more. So you owe them 10 minutes of what charge was due, which in a free car park is 10 minutes worth of nothing. Ignore them, dont bite back and in the very unlikely event of actually receiving court papers come back. Beware the impersonation of authority [problem] takes on may characters, fake debt collectors and fake solicitors will appear to warn you of all sorts of horrible consequences.
  23. there is no such thing as a legal lien in absence of a contract, there may be a case for a common law lien but the key legal word is "grant" The owner or keeper of property has to grant the right of lien . This would be a garage stating if you dont pay the bill we keep the car and you agreeing so. A lien can not be retrospectively Granted. The OP would need top swear affidavit that no Grant was made in respect of lien of property. This just about shoots any lien common law argument out of the water. The Op should serve NOTICE upon the garage that in absence of a taxed "broken down" bill of work carried out that any charges are disputed, that they hold the garage responsible for any losses including hire of a replacement vehicle. If they have legal cover this is what the legal team will do forthwith. The garage is entitled to work it can cost and prove has taken place and not a penny more. As for trading standards this is because they have around 30 separate acts of Legislation that will let them bring a criminal prosecution against the garage. If the garage feels it can account for its Bill, then it has acted wholly unreasonable by failing to make it clear how the bill was made up. If they have carried out £400 of work, then they should have no problem accounting for it.
  24. No, it should be, but what passes for justice went under the carpet long ago . They will just argue that the signs have been defaced and in absence of this you should have not parked. You can try it, but without some evidence that they were in that condition prior to you parking IMO you will be wasting time. It may be a better approach to study for some impropriety in the ticket and towing documentation.
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