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Are they taking this as notice of ownership?

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  • Geoff1963
    Geoff1963 Posts: 1,088 Forumite
    Is the photograph of the car, good enough to show that the permit is a photocopy ?
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
    1,000 Posts Combo Breaker
    COPY. A copy is a true transcript of an original writing.
    2. Copies cannot be given in evidence, unless proof is made that the originals, from which they are taken, are lost, or in the power of the opposite party; and in the latter case, that notice has been given him to produce the original. See 12 Vin. Abr. 97; Phil. Ev. Index, h.t.; Poth. Obl. Pt. 4, c. 1, art. 33 Bouv. Inst. n. 3055. 3. To prove a copy of a record, the witness must be able to swear that he has examined it, line for line, with the original, or has examined the copy, while another person read the original. 1 Campb. R. 469. It is not requisite that the persons examining should exchange, papers, and read them alternately. 2 Taunt. R. 470. Vide, generally, 3 Bouv. Inst. n. 3106-10; 1 Stark. R. 183; 2 E. C. L. Rep. 183; 4 Campb. 372; 2 Burr.1179; B.N.P.129; 1 Carr. & P. 578. An examined copy of the books of unincorporated banks are not, per se, evidence. 12 S. & R. 256. See 13 S. & R. 135, 334; 2 N. & McC. 299.
    Save a Rachael

    buy a share in crapita
  • I'm back..

    Having spent the last six months collecting demand letters (there must be twenty of them) from PPS and DRP, I have now been written to by Gladstones Solicitors asking for £480.

    They quote the Beavis V Parking eye case and state that their client (PPS) has the option to commence proceedings in the appropriate civil court.

    They've asked me to contact debt recovery plus to make the payment.

    This is just another begging letter right?
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    This is just another begging letter right?

    Yes, that's right. This one too is from DRP. File it with the rest.
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.
    You never know how far you can go until you go too far.
  • The_Deep wrote: »
    complain in the most robust terms to your MP. With a fair wind most of these companies may well be put out of business by Christmas.

    Would I have to complain to my MP or the MP for the constituency in Plymouth?

    This whole ordeal has taken up enough of my time already and given the evidence and seemingly unjust ticketing of the vehicle, I am reluctant to give it any more.
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Would I have to complain to my MP or the MP for the constituency in Plymouth?
    Your own, but if you're using email, why not just copy in the other MP, it's no real additional effort.

    http://www.parliament.uk/mps-lords-and-offices/mps/
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Personally, I would set myself up for applying for an unreasonable costs order and every time I got one of these letters, I'd write the same reply:


    Dear Sirs


    I have received another letter from agents acting on your behalf, this time [name of dodgy debt collector], dated x.


    As stated in my previous letters [set out all dates], I cannot be liable for any parking charge because:
    a) the driver complied with the terms and conditions set out on your signage (there is no definition on that signage as to what constitutes a "valid" permit)
    b) your signage did not apply to the bay in which the vehicle was actually parked (there was another sign in that bay, which read "........")


    Receiving multiple letters from different entities acting on your behalf, alleging a debt and threatening me with the consequences of a CCJ, constitutes harassment under the Protection from Harassment Act 1997, pursuant to which a claim for damages may be brought. Please stop harassing me and instruct your agents to stop writing to me.


    Please also cease "processing and retaining" my data, pursuant to the Data Protection Act.


    Given that you have failed to reply to any single letter I have sent you, please be quite clear that if you issue a claim against me, I will seek a punitive costs order against you and I will rely on this correspondence as evidence.


    Yours faithfully
    Angry Car Owner


    Just send it every time. I know the general forum advice is not to engage, but I think that where the claim is a load of old rubbish (it's not always so clear) this sets you up for a costs claim.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Brilliant idea LOC123!

    Might need to amend the a) or b) in this case, given that the bay in question creates no contract with the PPC at all.

    And how come one PCN has escalated to close to £500?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad wrote: »
    Brilliant idea LOC123!
    And how come one PCN has escalated to close to £500?

    Thanks for this. I've amended the points and sent it to them.

    The fines they are seeking are the accumulation of three separate tickets. The driver left the vehicle there for three days whilst working in the city, only to find the drivers window littered with these on their departure.
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