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At Court hearing stage with CEL who have provided a Witness Statement

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Comments

  • PS : I do hope CEL are reading this thread , and now realise this piece of paper can drop them in deep do da

    cel.jpg
  • there is a hearing date which is next week and CEL have paid the hearing fee

    i would suggest getting info from dvla asap (today) by email , mail reply , who asked for your info

    someone will word it and give you correct email address
  • Versatile Parking Ltd
    PADI Support
    3 months ago Updated
    One of the Civil Enforcement stable of companies. The rest are British Parking Association members but may not be for long. Have some very colourful directors but everyone knows who really runs the show. Joined the Independent Parking Committee on 14/01/2016 so check your paperwork.

    I think the above states the facts CEL WERE expecting to be booted from the BPA , and be banned from IPC access , so they opened another door


    however it seems they were greedy ,
  • Umkomaas wrote: »
    That NtK isn't PoFA compliant. Doesn't carry the correct warning as per PoFA Schedule 4 para 9.

    .


    https://www.dropbox.com/s/wg6fwcopvycveno/20180819_133238.jpg?dl=0




    Sorry going back on this but I would like to understand fully all points being raised. If we assume CEL could use Verstaile's NTK as a valid document, the wording of the NTK is PoFA compliant to Schedule 4 Para 9 which points from Para 9 does the NTK document do not comply?
  • how can a dormant company be the creditor?
  • ok I am being stupid sorry
  • ok I am being stupid sorry


    no , you need to attack from many angles , the other poster may well have spotted different things

    writing blanked out , ticket on car or anpr , how long for first letter etc etc ?
  • Umkomaas
    Umkomaas Posts: 43,788 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    https://www.dropbox.com/s/wg6fwcopvycveno/20180819_133238.jpg?dl=0

    Sorry going back on this but I would like to understand fully all points being raised. If we assume CEL could use Verstaile's NTK as a valid document, the wording of the NTK is PoFA compliant to Schedule 4 Para 9 which points from Para 9 does the NTK document do not comply?
    Well as a starting point - where in the NtK is this warning?
    f)warn the keeper that if, after the period of 28 days beginning with the day after that on which the notice is given—
    (i)the amount of the unpaid parking charges specified under paragraph (d) has not been paid in full, and
    (ii)the creditor does not know both the name of the driver and a current address for service for the driver,the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

    Have you analysed the NtK against the requirements of PoFA Schedule 4 - or are you just taking anything said here at face value, without trying to understand it?

    http://www.legislation.gov.uk/ukpga/2012/9/schedule/4/enacted
    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
  • Thanks for highlighting, I did honestly check the NTK against the schedule 4 ( the schedule 4 was included in my Witness statement pack) and just couldn't identify any non compliance but once you point it out. This is all new to me so i am going through a steep learning curve.

    I also noticed another non compliance " when the notice is given it must be accompanied by any evidence prescribed under paragraph 10"

    You have to see I am trying to understand all points hence my initial query back to your point
  • i did not get any feedback on my compliance query re NTK with pofa schedule 4 "when the notice is given it must be accompanied by any evidence prescribed under paragraph 10"

    the ntk as you will see in the thread did not include any further evidence on the pcn, it was just the letter.

    a light reminder my court case is early next week so appreciate as much feedback as possible. I will defitnely feedback after the case to help other out others. From reading the forums recently i see CEL are now pushing even further as for my case trial fee has been paid and they have sent witness statements.

    I have been reading up on newbies thread and used it prior to getting to hearing stage as there was a wealth of advice along with posts in the main forum. so i didnt need to ask for help then. now where cel still have not withdraw with less than week to go they will attend there is not much on here for me to research so any help advice will truly be appreciated.

    you will see in thread the main documents have been posted , if you would like see further documents suchs as the exhibits mentioned in the witness statements please let me know
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