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  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    KeithP said:
    That's a very old template.
    Clue: there hasn't been a 'section 10 notice' in the DPA since May 2018.

    What's wrong with the appeal template in the NEWBIES thread?
    I am long past the appeals date. The PCN was issued in january and ignored (admittedly wrongly) until now
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    KeithP said:
    That's a very old template.
    Clue: there hasn't been a 'section 10 notice' in the DPA since May 2018.

    What's wrong with the appeal template in the NEWBIES thread?
    I am long past the appeals date. The PCN was issued in january and ignored (admittedly wrongly) until now
    OK, sorry about that. My mistake.

    But even so, "there hasn't been a 'section 10 notice' in the DPA since May 2018" is still true.
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    if you are appealing to CEL , if you cannot do it online , send a letter by post , getting a free certificate of posting

    chances are this will be rejected but keep a copy with the certificate pinned to it , as evidence
  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    edited 29 April 2020 at 4:53PM
    Thanks again all. Sorry to bore you with this. I have used the template for an SAR and added some redacted evidence of identity. 

    Will this sufffice? 

    I have added in to the bold requests
    ALL photos taken
    - all letters/emails sent and received, including any appeal correspondence earlier
    - all data held, all evidence they will rely on, and a full copy of the PCN, NTK
  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    Well thats the SAR gone
     Keep you informed. Will be drafting a letter tonight.

    Thank you so much for your help guys
  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    Fruitcake said:
    Check with the council planning department to see what the original parking time was allowed when planning permission was granted for the car park. It is not unknown for scammers to arbitrarily reduce it to scam more people.
    If the original approval was 90 minutes or more and no planning application made to reduce it, then complain to the council that a breach of planning regs has occurred.

    Always complain to the landowner and any retail managers on site. Include information obtained from the council if it helps your case.

    While you are onto the planning dept, ask if planning permission was granted for ANPR scameras, and advertising consent for signs. Not having the latter is a criminal offence, but only the council can do anything about it. Again, make complaints to to the council if approval wasn't granted.

    Don't forget to complain to your MP about this unregulated scam.

    Council dont seem arsed. They claim they wouldn't need permission to ammend the duration and they assume the sign requests would be within the inital planning request which i have been through. There are signage drawing and location approvals but nothing that match the type or location of the CE ones nor the camera they claim to have my vehicle on. I dont think I will get much help from them but have downloaded all of the relevant planning applications just in case. I have read even if it does go to county court it is rare for them to even attend resulting in a dismissal of the case. Is there any corroboration for this? KFC jist said take it up with CEL. No help there
  • Le_Kirk
    Le_Kirk Posts: 24,636 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Fruitcake said:
    Check with the council planning department to see what the original parking time was allowed when planning permission was granted for the car park. It is not unknown for scammers to arbitrarily reduce it to scam more people.
    If the original approval was 90 minutes or more and no planning application made to reduce it, then complain to the council that a breach of planning regs has occurred.
    Always complain to the landowner and any retail managers on site. Include information obtained from the council if it helps your case.
    While you are onto the planning dept, ask if planning permission was granted for ANPR scameras, and advertising consent for signs. Not having the latter is a criminal offence, but only the council can do anything about it. Again, make complaints to to the council if approval wasn't granted.
    Don't forget to complain to your MP about this unregulated scam.
    Council don't seem arsed. They claim they wouldn't need permission to amend the duration and they assume the sign requests would be within the initial planning request which i have been through. There are signage drawing and location approvals but nothing that match the type or location of the CE ones nor the camera they claim to have my vehicle on. I don't think I will get much help from them but have downloaded all of the relevant planning applications just in case. I have read even if it does go to county court it is rare for them to even attend resulting in a dismissal of the case. Is there any corroboration for this? KFC just said take it up with CEL. No help there
    That is most unusual, if that were case, anybody could build houses, extensions, car parks and just ignore the council and the planning dept and the conditions attaching to the granting of planning permission.  Ask to see the actual document granting planning permission and then look at the conditions attached, they are normally cunningly marked C1 - Cx.
  • Coupon-mad
    Coupon-mad Posts: 152,371 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 29 April 2020 at 6:00PM
    Send the appeal anyway and complain to KFC Head Office and ask them to cancel it (they can).
    I have read even if it does go to county court it is rare for them to even attend resulting in a dismissal of the case. Is there any corroboration for this?
    Yes. 

    On this forum we have 99% win rate against all PPCs since 2017 (when posters follow our advice carefully) and CEL almost always discontinue before the hearing.
    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:
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  • apeshifter
    apeshifter Posts: 37 Forumite
    10 Posts
    www2.ashfield.gov.uk/cfusion/Planning/plan_view_docs.cfm?reference=V/2011/0039

    There are all the planning docs. No exceptions as far as I can see. Only approved signage which the CEL is not
  • Umkomaas
    Umkomaas Posts: 43,410 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Lack of planning permission is not a showstopper for your case. It is pretty much irrelevant. Your Judge should it get to a hearing will, at best, tell you to take it up with the enforcing authority (the LA) and should they wish to enforce, they would need to issue proceedings. 

    You're chasing shadows. 
    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.

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