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  • FIRST POST
    • Skewiff
    • By Skewiff 28th Jan 16, 6:48 PM
    • 29Posts
    • 31Thanks
    Skewiff
    Less than 5 minutes a valid reason to refuse to pay a PCN?
    • #1
    • 28th Jan 16, 6:48 PM
    Less than 5 minutes a valid reason to refuse to pay a PCN? 28th Jan 16 at 6:48 PM
    Ive read the newbie thread, and take on board it's many comments about asking repeat questions! (Im almost scared to post now!).

    Ive just received a FCN (Fixed Charge Notice) from Capital2Coast for not displaying a ticket in a pay and display in Worthing on the 15th. It mentions that a notice was attached to the car. There was no notice on my car. The photo also shows no notice on the car.


    the driver was apparently not displaying a ticket in a pay and display in Worthing on the 15th January 2016. It mentions that a notice was attached to the car. There was no notice on the car. The photo also shows no notice on the car which was there for around 5 minutes.

    So my question - should I refuse to pay on the grounds that I was on the offending parking spot for 5 minutes roughly only? Apologies if this offends by being something that has been asked before!
    Last edited by Skewiff; 22-11-2016 at 5:51 AM. Reason: the Jack Nicholson arguement
Page 3
    • Quentin
    • By Quentin 13th Dec 16, 10:28 AM
    • 31,059 Posts
    • 15,090 Thanks
    Quentin
    .... I will allow for mediation.....
    Originally posted by Skewiff
    Not recommended:


    http://forums.moneysavingexpert.com/showthread.php?t=5546325
    • Skewiff
    • By Skewiff 10th Jan 17, 11:57 AM
    • 29 Posts
    • 31 Thanks
    Skewiff
    You were right Quentin. Even the mediator saw it as a non starter. Took a grand total of 3 minutes.
    • Skewiff
    • By Skewiff 20th Jan 17, 6:47 PM
    • 29 Posts
    • 31 Thanks
    Skewiff
    So nice of MIL to tell me to talk to a solicitor, and to recommend Lawcentres, Law Works, PSU, Advice Now and if I need free advice: Stepchange, National Debtline, CAB and Money Advice.
    • beamerguy
    • By beamerguy 20th Jan 17, 7:02 PM
    • 4,793 Posts
    • 5,909 Thanks
    beamerguy
    So nice of MIL to tell me to talk to a solicitor, and to recommend Lawcentres, Law Works, PSU, Advice Now and if I need free advice: Stepchange, National Debtline, CAB and Money Advice.
    Originally posted by Skewiff
    MIL are complete idiots.

    They should take better legal advice given what they lose and the number of cases they discontinue ????

    Total fruit cases doomed in 2017

    Courts already know of these timewasters who could well face many claims under the DPA.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Coupon-mad
    • By Coupon-mad 21st Jan 17, 8:32 PM
    • 44,100 Posts
    • 56,833 Thanks
    Coupon-mad
    So nice of MIL to tell me to talk to a solicitor, and to recommend Lawcentres, Law Works, PSU, Advice Now and if I need free advice: Stepchange, National Debtline, CAB and Money Advice.
    Originally posted by Skewiff
    How thoughtful.

    Be ready for NoA from your local court, giving a hearing date and the date by which you must file your Witness Statement and evidence, which can include cases where MIL have lost, discontinued, etc. (from the Prankster's blogs) as well as photos of the location signs and case law you will be relying upon, and county court transcripts.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Skewiff
    • By Skewiff 26th Jan 17, 7:35 AM
    • 29 Posts
    • 31 Thanks
    Skewiff
    Thanks CM - will await it - nerves are jangling now. The person who posted a whole breakdown of the judge phase did me (us) a real favour, it was a damn good read, and reassuring.

    I know this is only a financial issue on fail, but I not flush enough to afford the amount of money they are trying to claw out of me, so getting twitchy. I know from here, the normal response is "dont worry, they are vexatious and probably wont turn up", but until they dont, I have to assume they will and that I may lose multiple hundred of pounds. All for 5 minutes - I could make a joke here, but I wont as I dont know how my jokes would be taken...
    • Skewiff
    • By Skewiff 1st Feb 17, 5:24 PM
    • 29 Posts
    • 31 Thanks
    Skewiff
    And ... yes , I have my court date, 3rd May ....
    • Coupon-mad
    • By Coupon-mad 1st Feb 17, 7:22 PM
    • 44,100 Posts
    • 56,833 Thanks
    Coupon-mad
    OK, so what's the date by which you must file your Witness Statement and evidence? Bring it on!

    I've just heard that someone else here won today (against the odds perhaps, given how she first came here) l but I'll let her report it!

    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Skewiff
    • By Skewiff 1st Feb 17, 8:01 PM
    • 29 Posts
    • 31 Thanks
    Skewiff
    Section 6: each party must deliver to the other party and the court office, copies of all documents to which that party intends to rely on , no less than 2 weeks before the hearing date.
    9) the documents sent to the other party and the court must include the statements of all witnesses

    So , no later than 19th April if Windows 10 calendars are to be believed
    • Skewiff
    • By Skewiff 4th Feb 17, 4:09 PM
    • 29 Posts
    • 31 Thanks
    Skewiff
    I have had a response back from the DVLA, confirming that MIL are acting without appropriately getting my contact details. They have not responded or acted against MIL, as they have no basis to, but they have contacted the original parking agency. That should help :-)
    • twhitehousescat
    • By twhitehousescat 4th Feb 17, 4:32 PM
    • 767 Posts
    • 900 Thanks
    twhitehousescat
    http://parking-prankster.blogspot.co.uk/2017/01/dvla-confirm-massive-data-protection.html
    Time pretending I was asleep whilst under his desk , has given me insight to this sordid world
    • Skewiff
    • By Skewiff 27th Feb 17, 11:54 AM
    • 29 Posts
    • 31 Thanks
    Skewiff
    Im very pleased to be able to report that I have had a number of letters. One from the court stating that MIL hadnt paid their fee to force the day with the judge, then one from MIL asking me to settle for £50. I noted that they had left me two weeks to respond, longer than the court date deadline, so sat on it.

    I had planned to ignore it anyway - as I believed in the court date now. I actually wanted to finish this off, after getting this far.

    I have just received a letter from MIL called a "discontinuance" I think - they have ended their attempts to drag me to court. So - if anyone else is counting - notch up another win for the good guys!!!

    Im actually - strangely a little underwhelmed! I actually wanted to complete the process - this has run since December '15 roughly, so I WANTED to see it out - now its over, I feel a little ... cheated! Wierd eh?

    Im irked at MIL, they have dragged this out much longer than it needed to be - and they broke rules in terms of data protection in order to do so. I am almost tempted to investigate whether I can do anything about that ...

    Can I say - thank you to all of you who have taken the time to build this forum, to write out the Newbie Guides and for taking the time to point / support me through the process. I have learned a heck of a lot as I researched this - and actually feel a lot more aware of the laws that invisibly surround us without our knowing. I wont just trust that the system we live in, is bulletproof anymore. @Coupon - particularly, thank you , I appreciate your time and help. Forums like this and the people that help , through the forum - for no material gain, are a GOOD THING.
    • Fruitcake
    • By Fruitcake 27th Feb 17, 12:05 PM
    • 38,136 Posts
    • 76,254 Thanks
    Fruitcake
    Check with the court that it has been cancelled. It would not be the first time that parking scammers have told a victim that the case has been dropped when it hasn't.
    Get something in writing from the court if possible.
    I married my cousin. I had to...
    I don't have a sister.

    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
    • Coupon-mad
    • By Coupon-mad 27th Feb 17, 12:29 PM
    • 44,100 Posts
    • 56,833 Thanks
    Coupon-mad
    @Coupon - particularly, thank you , I appreciate your time and help. Forums like this and the people that help , through the forum - for no material gain, are a GOOD THING.
    No probs, that's why we come here!

    Now you can think about building some very simple evidence to sue One Parking Limited and MIL for data misappropriation/misuse. First step is a complaint online to the ICO that One Parking Limited sold your data to MIL despite the DVLA KADOE contract disallowing such data to be bought & sold without DVLA permission.

    You could firstly, email David Dunford at the DVLA first and ask :

    Please advise:

    (1) the date on which One Parking Limited obtained by data from the DVLA and
    (2) was One Parking Limited allowed under the KADOE to sell my data to MIL Collections? (we know the answer will be no, but that will help with the ICO complaint!).

    Then later, once you have the DVLA and ICO responses, you can sue for a 3 figure sum. The only way this won't be recommended is if you supplied your data in an appeal to a windscreen PCN before One Parking Limited got it from the DVLA. You have six years to decide about this but could claim £250 upwards for this distress.
    PRIVATE PCN in England/Wales? DON'T PAY BUT DO NOT IGNORE IT

    Click on the breadcrumb trail, top of page: Household & Travel > Motoring > Parking Tickets, Fines & Parking & READ THE 'NEWBIES' FAQS THREAD.
    DON'T read old advice to ignore, unless in Scotland/NI.

    • Skewiff
    • By Skewiff 14th Mar 17, 3:48 PM
    • 29 Posts
    • 31 Thanks
    Skewiff
    DVLA have confirmed in writing, no approval for MIL was given to OneParking and that MIL didnt seek it themselves.
    Im going to tackle the ICO tonight.
    • Timothea
    • By Timothea 14th Mar 17, 5:13 PM
    • 97 Posts
    • 176 Thanks
    Timothea
    Once you get a positive response from the ICO, you will have a very good claim against each of MIL Collections and Capital2Coast for separate data protection breaches. Personally, I would aim for £500 each, although if you go for £250 each, they probably won't even defend it. When suing Capital2Coast, remember to use their correct company name, and include the landowner/occupier, as they are jointly and severally liable for the actions of their agent.

    Information about your rights under the DPA can be found in this thread:

    http://forums.moneysavingexpert.com/showthread.php?t=5585388

    Please read posts #1 and #18.
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