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Letter before claim

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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 November 2016 at 6:42PM
    the OFFENCE would be to clamp , not to threaten it , although they could be reported for demanding money with menaces if they threatened to clamp

    the offence is committed after the action has been committed, not before

    and the 10 minute rule on private land is not "law" either , no idea where you for that from

    grace periods are clearly set out in the 2 CoP`s , please read the latest versions of those CoP,s

    seems to me you use a lot of assumptions and read into news reports what you will , remember opinion polls were reported on the BBC , all wrong of course

    the papers and the media and tv companies (and MSE towers staff) get it wrong on an almost daily basis , reporting them as "fines" and not researching it properly)
  • Redx
    Redx Posts: 38,084 Forumite
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    they could write that you will owe £5000 , the maximum under the MCOL rules, doesnt mean they can actually do it or that it complies with the law

    they could threaten to call you IRRITATED as a nickname , it carries as much weight as the threats on the permit

    now if you had been to court and a JUDGE had upheld their threat , in law , that would be different

    I would have thought that you would know that parking companies , lie and cheat by now !!!
  • 2 CoP`s? What's that? I'm useless with acronyms.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    CoP is Code of Practice

    one issued by the BPA

    one issued by the IPC

    as there are 2 AOS`s :)

    its the CoP for each one that defines GRACE PERIODS, not the law (you said it was enshrined in law , its not , which is one of the issues raised over 18 months ago with the DCLG who still havent decided what to do and could have protected you if they had) - it is clear that you have read neither

    I read that BBC newslink and it detailed that you could call the police if a clamp was fitted on private land , nothing about being threatened by it

    there were some exceptions but not private parking companies

    I cannot see why you are arguing with people who have been here advising others for 4 to 10 years , not when you have been playing catchup for only 12 weeks !
  • OK. I get that. Not worth pointing up to a judge that there have been recent changed expectations? No?

    I really don't see why you knowledgeable people don't just make 2 dozen templates and let us ignorants copy, paste and adjust them. Would be so much easier and less time-consuming all round than having it suggested on the forums that thinking outside of the box is not quite the thing. :T
    Redx wrote: »
    the OFFENCE would be to clamp , not to threaten it , although they could be reported for demanding money with menaces if they threatened to clamp

    the offence is committed after the action has been committed, not before

    and the 10 minute rule on private land is not "law" either , no idea where you for that from

    grace periods are clearly set out in the 2 CoP`s , please read the latest versions of those CoP,s

    Got it here - http://www.racfoundation.org/media-centre/private-parking-grace-period-reaction - not law yet, but surely worth pointing it out as a standard now expected?
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 November 2016 at 7:48PM
    if you go to court , point out what you like , but dont assume a judge will agree with you

    frankly , I would say that people like bargepole , prankster and the others who help the british public have probably tried all kinds of arguments and I doubt that someone with your newbie knowledge will come up with an angle nobody has thought of

    as for flowcharts , and templates , its been tried numerous times , so again you are not brining up something that has not been tried , but its like trying to make a chart of sandbanks that keep shifting when the tide comes in

    the laws are complicated and the cases even more so, there is no easy answer, but if you had read parking pranksters blogs from this year on residential parking you would know this , especially as he tried to clarify it just a few days ago

    http://parking-prankster.blogspot.co.uk/2016/11/residential-parking.html

    I doubt that the charity you linked to is any authority on this either , especially as they are quoting the BPA CoP from 12 months ago and your PPC is an IPC member

    MSE tried flowcharts and guides, read them , they are c**p !!

    and bargepole told you in post #11 that if you dont like it you could write your own guides ;)
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    .

    "If this permit is not displayed in the correct manner as stated above your vehicle will be clamped and charged a release fee".

    Right ... I think you said this was the infamous Link ??

    Whilst clamping is an illegal practice, if this still appears on permits, I would suggest that such threats are menacing and against the law.

    As Gladstones don't seem to ever check the legalities of their silly claims, it would be prudent to tell Gladstones that this fact will be introduced in any claim. It would be a new wheeze for the judges who must apply the law. That is assuming they actually understand all about POFA 2012 .... MANY JUDGES DON'T
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 27 November 2016 at 7:47PM
    da_rule flowchart from march 2014

    https://forums.moneysavingexpert.com/discussion/4922055

    ask da_rule to update it

    there were also the pepipoo versions by emanresu prior to the da_rule offering

    http://forums.pepipoo.com/index.php?showtopic=83803

    and please remember , there is nothing new you can or will think of , seen it all before , trust me

    as for a court guide , parking prankster wrote one available at smashwords , which he has updated , have you bought it and read it ?

    check amazon for the kindle edition
  • Coupon-mad
    Coupon-mad Posts: 152,309 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Let's see the defence so we can help.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    I really don't see why you knowledgeable people don't just make 2 dozen templates and let us ignorants copy, paste and adjust them. Would be so much easier and less time-consuming all round than having it suggested on the forums that thinking outside of the box is not quite the thing. :T

    WHY ??? there is enough info on here, you are in control of your own life, you can take the knowledge for free and adapt it for your problem.

    Don't want to pay the scammers ..... no problem, nor do we but it's your ticket, this forum just helps, I guess that those who are smart in this scammers industry might well offer a template but what price would you pay for priceless information
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