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CEL COURT HEARING NOW BEING HEARD OVER TELEPHONE DUE TO COVID 19 PANDEMIC.
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Any legals out there fancy a punt with me?
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This is not a rash decision, been thinking about it this afternoon.ncw2509 said:Any legals out there fancy a punt with me?
I am NOT a legal but after many years with my own business fighting in my own corner, I don't think you need a legal but more so a factual letter so designed that the facts rule, I also do not believe that these people cannot be contacted. So, if you feel as strongly about this as I do, PM me and let's get a complaint letter on it's way with copies to others4 -
Beamerguy - Thanks... I will DM tomorrow.
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Sadly I am not a legal expert but you could try a letter before claim to the DVLA saying that you reasonably believe that CEL did not have the legal capacity to bring a claim against you and asking for evidence from the DVLA by way of either a copy of the agreement or the name of the parking operator on it because the parking company has refused to provide it. The first thing the DVLA argued on my claim was to tell me I had brought it against the wrong party (I brought it against the DVLA and it should have been The Secretary of State for Transport (DVLA). My point is that the DVLA was pretty hot on legal capacity when it was being sued. If the DVLA does not respond you could then try a £25 moneyclaim (I can help if it comes to that) and a defence would be forthcoming. You need take the case no further.See the bit above the green highlighted section. The DVLA MUST have been given a copy of the agreement. It can easily redact the landowner’s details (given how careful the DVLA is with personal data).2 -
Only when using the v888 form.They only have to give the agreement when they use this, and only when asked.1
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The V888 is used at the start when the landowner agreement must be given to the DVLA. If after the probationary period (a minimum of 300 manual requests) a KADOE contract is granted, any variation must be notified and approved - for example, in a company buy out. The DVLA at the very minimum must be able to produce a copy of the landowner agreement that one would expect would be in the same company name as on the V888 - or a paper trail varying it. However the GIAA has written to me to say that it is the function of the ATA to audit landowner agreements - hence I am suing the IPC.nosferatu1001 said:Only when using the v888 form.They only have to give the agreement when they use this, and only when asked.2 -
Thanks Zhonguonuren. Thats helpful.
A letter to DVLA asking for proof of the landowner agreement /copy of the v888. Are you suggestsing they will probably not provide these details, and I would have to start a moneyclaim, for which they would provide the information I requested in their defence?
Sorry to sound ignorant - this is all very surreal..1 -
I am sorry but I am struggling to see how DVLA practices are relevant to a botched telephone hearing, a lazy judge, and a travesty of justice.You never know how far you can go until you go too far.2
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don't do any of thatncw2509 said:Thanks Zhonguonuren. Thats helpful.
A letter to DVLA asking for proof of the landowner agreement /copy of the v888. Are you suggestsing they will probably not provide these details, and I would have to start a moneyclaim, for which they would provide the information I requested in their defence?
Sorry to sound ignorant - this is all very surreal..
the ppc wasn't using a v888 for this, it'll have been kadoe. You can tell that yourself by asking the dvla for who asked your data, when, and by what means. Don't go off half cocked
youre being fed utterly irrelevant to your situation info. No wonder your confused
your choice now is- appeal or not - if you want to actually have a chance to alter the outcome of YOUR claim that you lost. Decide on that, and decide quickly.7 -
There is a barrister called Nicholas Bowen who took on a PPC regarding a parking ticket for an overstay. You could email him and ask if he would take the case on a pro bono basis. He has fought a case like this before and won. It's a long shot but worth a try. Some barristers do take on pro bono work when it is in the public interest.
I think that he must be from Wales or Herefordshire.
https://www.walesonline.co.uk/news/wales-news/top-welsh-lawyer-fined-taking-13549489
Nolite te bast--des carborundorum.4
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