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Gick

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Everything posted by Gick

  1. Just to clarify, the offence of supplying a vehicle in an unroadworthy condition is under section 75 of the Road Traffic Act, 1988, not the Highways Act mentioned above. When taking legal action it is best to be accurate.
  2. DX is simply giving you an example of how the POSSIBLE contract that the PPC MAY have with the LANDOWNER (not a management agent) can fail to be enforceable due to failing to pay the contract fee. These claims are about contract law, not parking.
  3. First of all, it is NOT a FINE. Only a court has power to issue fines, the Police can issue Fixed Penalty Notices, a Council can issue Penalty Charge Notices, none of these is a fine. What you have received is a Parking Charge Notice - also known as a Speculative Invoice. Designed to mimic official penalties and referring to it as a FINE will not only give a specious piece of paper an appearance of legitimacy that it does not warrant, but will also give Site Team DX100uk apoplexy as it is his pet hate! Before you do anything, read other threads in this forum, you will then understand the processes and the way that these underlife pretend to have powers that they do not. Forget Channel 4's Can't pay we'll take it away', they are not acting as bailiffs merely Debt Collection Agents with no power.
  4. Although they certainly do have their own byelaws, these do not appear to cover parking.. Go to the link for on your post #5 and look at the bottom where there is a link to the Byelaws.
  5. Let's be clear, from reading your post, the insurance company believe that it will cost £1500 to effect repairs and after taking off the £350 excess are offering you £1150 for you to get the repairs done. You should not expect a repairer to quote the lower figure, anything less than the £1500 will be a bonus.
  6. You do not lie to them in the way that you suggest above, otherwise you lose the moral high ground and sink to their level. Should it end up in the small claims court you would be on a very sticky wicket using such subterfuge. As this is the UK, the word is defence, despite the predictive text that may appear.
  7. *You need to contact the DVLA and inform them of the date that the machine was sold and to whom. Unfortunately you have fallen foul of a chancer who no doubt said ' I will get the ownership changed over for you', which is wrong. It is the responsibility of the registered owner to notify DVLA by sending the completed V5c to them. . I've given them the old log book with your details on so if theres issues they contact you. As far as the sale of the vehicle is concerned, you do not need to worry, should you be contacted by the 'new' new owner, simpy refer them to the person that you/your son sold it to. *You should notify DVLA by letter with free proof of posting.
  8. Just a brief comment on - Also vcs are stating on the ccbc letter that I agreed to pay the fine but failed to do so. This is just their interpretation of contract law as it may appear somewhere on their signage. Just think of it like a cookie, 'if you continue on this page you agree etc' Don't get hung up on it!
  9. Karenslad, just a point with your posting, you do not need to quote a previous post unless you are commenting on multiple aspects of it i.e. bullet pointing. All it does is unnecessarily lengthen the thread. Just addressing the poster will suffice.
  10. One witness YOU Unfortunately not everyone is cognisant of dx's shorthand!
  11. Provided that you do not identify yourself as the driver, you are safe to ignore and carry on with your life, as the legislation for creating a keeper liability (The Protection of Freedom Act 2012) does not apply in Scotland. It is important that you do not get tempted to appeal the parking charge notice to avoid unwittingly so identifying the driver.
  12. What you may not do is buy on credit/hire purchase for someone else, without declaring that fact to the lender. (They are unlikely to advance the money/credit except in exceptional circumstances).
  13. Unfortunately renewing your licence is not sufficient. You need to update the details on your V5c, the sooner the better, as it is a legal requirement to have a current address for the registered keeper at all times. This cannot be done on-line, you need to fill in the relevant boxes on your existing V5c and post it to DVLA. Take a scan/copy of the V5c as a backup to their losing your application to change.
  14. The Arkell v Pressdram reference is weakened by being inside the text. It should be the last sentence of the letter, as was the relevant content in that case!
  15. Please, we are the United Kingdom, so it is LICENCE.
  16. I think that you should reinforce the fact that whilst you were a passenger in the car at the time of the event, you were NOT the driver, as how it reads could imply that you MIGHT have been and gives ParkingEye a reason to pursue.
  17. It is not a matter of 'getting mixed up in other peoples problems'. The advice to read other threads is a) this is a self help forum so you do need to acquaint yourself with other's poster's experiences thereby educating yourself. b) Without doing so you will be blind to the intricacies of the Private Parking Companies and their dishonesty. c) The experts who have and do give of their time freely, cannot be expected to repeat advice that they have previously given just to save you a little time. If you were paying for that time it might be different. If you are going to pay these lowlife ex-clampers their demands so be it, but you will be funding them to chase oth,er perhaps less affluent, motorists who have done nothing legally wrong.
  18. Wrong. In every Fixed Penalty case, the fulfillment of the requirement to avoid prosecution is conditional on the submission of the licence.
  19. Fully cognizant of the difference between civil and criminal court. The comment 'me Lud' was tongue in cheek hence the spelling!
  20. Unless Parking Eye ensure that the terminal is sanitized after each use, you are entitled to refuse to use it. That would look good in court, wouldn't it, 'I am being penalised for complying with Government guide lines on avoiding the spread of Coronavirus, me Lud'.
  21. DX, sorry to have to remind you that NO ONE can be fined for a parking offence as it was decriminalized years ago (1991). The Council can issue a Penalty Charge Notice. The Police ban issue a Fixed Penalty Notice but only on Red routes, or within the zig zags of a pedestrian crossing, which if not paid can be enforced by a court.. Only a COURT can issue a Fine.
  22. MikeW001 As you have never registered an account, it cannot be closed! All you have to do is disappear into which ever happy place you inhabit.
  23. Simple answer to your query, click on any Site Team name and it will take you to their page in which you will find a 'message' button.
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