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Train Station "PenaltyCN"

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  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    Handbags-at-dawn wrote: »
    There is nothing to stop the PPC from prosecuting - that's a red herring. The point is that neither PPCs nor TOCs are likely to take out a private prosecution because it's time-consuming and expensive, they would have to prove who was driving, and even if they succeed the fine goes into the State purse.

    Much easier to invent their own unenforceable penalties and frighten people into paying up with threats of prosecution and (now) clamping. At least in the past motorists had some protection from this from POPLA. The BPA only lifted the requirement for PPCs to offer POPLA very recently. So it remains to be seen how many, apart from Indigo, are going to take the chance to by-pass what has proved to be a crucial filter. My guess is they all will, eventually.

    they tried that before , very expensive mistake to clamp for previous debts http://forums.pepipoo.com/index.php?showtopic=64994
    Save a Rachael

    buy a share in crapita
  • Johno100
    Johno100 Posts: 5,259 Forumite
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    Handbags-at-dawn wrote: »
    There is nothing to stop the PPC from prosecuting - that's a red herring. The point is that neither PPCs nor TOCs are likely to take out a private prosecution because it's time-consuming and expensive, they would have to prove who was driving, and even if they succeed the fine goes into the State purse.

    Much easier to invent their own unenforceable penalties and frighten people into paying up with threats of prosecution and (now) clamping. At least in the past motorists had some protection from this from POPLA. The BPA only lifted the requirement for PPCs to offer POPLA very recently. So it remains to be seen how many, apart from Indigo, are going to take the chance to by-pass what has proved to be a crucial filter. My guess is they all will, eventually.

    But don't overlook the fact that the biggest deterrent to PPC's going down this route and they or the TOC actually carrying out the threat of a prosecution via the magistrates court is that while they might be able to recover their costs, any fine levied by the court will go to HMCS and then onto the treasury.
  • pappa_golf
    pappa_golf Posts: 8,895 Forumite
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    is clamping legal for an "alledged" debt , one that no court appearance has taken place?

    also as asked before , clamping by whom , there are very very few SIA registered clampers left

    ok , they can say they work for TOC , in which case why are PPC invoicing ?
    Save a Rachael

    buy a share in crapita
  • Coupon-mad
    Coupon-mad Posts: 131,757 Forumite
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    Email me, pappa golf. Easier to explain the current/planned 'railway byelaws' clamping scam that way.
    In this case the driver has been served with a "PENALTY" charge notice but not by indigo, it bears mention to byelaws and prosecution but is not from the TOC.
    Have you shown it to us? Who is it from then?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Coupon-mad
    Coupon-mad Posts: 131,757 Forumite
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    Just to add, the Prankster has just blogged about this, based on what is emerging:

    http://parking-prankster.blogspot.co.uk/2017/11/clamping-is-back-but-is-it-legal.html

    I understand that the Secretary of State for Transport has been appraised of the 'issues' by a knowledgeable (non MSE) person.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hockey27
    Hockey27 Posts: 87 Forumite
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    Hi all

    Coupon-mad, I presume you are questioning my "self assessment" of the ticket given that i'm the one asking questions ;-) Have included a dropbox link as I believe this is anonymous?

    https://www.dropbox.com/s/vehfai5svz1is4m/PCN.pdf?dl=0

    Does this confirm previous thoughts or does it pose more issue?
  • Coupon-mad
    Coupon-mad Posts: 131,757 Forumite
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    Ah, yours was CP Plus.

    This is a very similar modus operandi to that rumbling ahead with Indigo and Govia. Are there clamping signs up at that station?

    Read the Prankster's Blog about it. I would be complaining to your MP about this because there is no lawful excuse to clamp cars in addition to a 'penalty' or to enforce or force payment of any 'penalty'. Only the Magistrates Court could do that, if the landowner TOC themselves took it there within 6 months.

    In your case, wait for the NTK (which might come from a 'debt collector' like PCS) and then appeal as keeper and see if you get a POPLA code or not. Indigo are not issuing them but CP Plus, who knows how they will muck up the process? Every delay strings it out closer to the 6 months.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Hockey27
    Hockey27 Posts: 87 Forumite
    edited 5 November 2017 at 8:36PM
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    Hey Coupon-mad

    In a roundabout way yes, theres a small clamp picture on the sign, see link to pic as taken from a car.

    sign - https://www.dropbox.com/s/fl0g0xjq1yzroti/Sign.JPG?dl=0

    Also, the below link is a pic of the entrance, not a sign in sight!! Will send that pic to the BPA/ DVLA

    Entrance - https://www.dropbox.com/s/0skvksyjq3854z9/Entrance.JPG?dl=0

    Will wait to see if an NTK comes through now! Will keep a log of activity and post as a case study at the end, hopefully with cancellation result!

    Thank you and to all for answering any questions, I asked as I want to be sure that the chances of success are high rather than risk a larger (fine) invoice. I really appreciate all your help, don't know how some of you find the time as you are active in almost every post!!
  • Coupon-mad
    Coupon-mad Posts: 131,757 Forumite
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    I think your chances v CP Plus are better than Indigo cases as they (Indigo) are IMHO, out of control right now, having thought it was a good idea and a normal thing for a company, to take nurses to court. Indigo are baring their teeth.

    Whereas we often see CP Plus just give up.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Half_way
    Half_way Posts: 7,054 Forumite
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    Lets see if indigo (or any other ppc for that matter) try an ncp, and clamp a vehicle at a railway station for so called outstanding debts
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
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