dcb legal - CCPC (you know the drill)

Seemslegitium

blackdog2220 said:

LJB179 said:

Umkomaas said:

My best defences thus far appear to be the signage being incorrect in accordance with the POFA requirements

What requirements does PoFA place on signage, and if so, how does it not comply?

The below was pasted earlier on, so I assume that the point around there being no name or registered company present on the sign would be a breach?

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA

incorrect name on signage (you cannot form contact with non existant company)
the NTK must include the name of the legal entity claiming , the company mentionned does not exist 

it actually gets worse as we speak , the BPA are adament that the only "entity" using that or simular name is capitol carpark patrol LTD and that they have been member of the BPA since 2009

I think it's worth noting that they have registered Capital Car Park Control LTD since 2010 - but a company with the same name (Capital Car Park Control Ltd.) was only incorporated in August 2020, and there isn't any records of a company with that name before that date (beyond the Sole Trader)

BPA have been conned by the looks of it, and Szmidt had no right to access the BPA database until he registered his company.

LJB179

Seemslegitium said:

blackdog2220 said:

LJB179 said:

Umkomaas said:

My best defences thus far appear to be the signage being incorrect in accordance with the POFA requirements

What requirements does PoFA place on signage, and if so, how does it not comply?

The below was pasted earlier on, so I assume that the point around there being no name or registered company present on the sign would be a breach?

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA

incorrect name on signage (you cannot form contact with non existant company)
the NTK must include the name of the legal entity claiming , the company mentionned does not exist 

it actually gets worse as we speak , the BPA are adament that the only "entity" using that or simular name is capitol carpark patrol LTD and that they have been member of the BPA since 2009

I think it's worth noting that they have registered Capital Car Park Control LTD since 2010 - but a company with the same name (Capital Car Park Control Ltd.) was only incorporated in August 2020, and there isn't any records of a company with that name before that date (beyond the Sole Trader)

BPA have been conned by the looks of it, and Szmidt had no right to access the BPA database until he registered his company.

So, in layman's terms, the company wasn't 'real' until August 2020, even though they were members of the BPA since 2010? Can a sole trader be a member of the BPA?

On this list, it doesn't say CCPC ltd, just CCPC - https://www.britishparking.co.uk/BPA-Members

blackdog2220

can you show me where they registered the ltd name back in 2010 , there are no records at companies house apart from the 2020 entry 

beamerguy

blackdog2220 said:

LJB179 said:

Umkomaas said:

My best defences thus far appear to be the signage being incorrect in accordance with the POFA requirements

What requirements does PoFA place on signage, and if so, how does it not comply?

The below was pasted earlier on, so I assume that the point around there being no name or registered company present on the sign would be a breach?

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA

incorrect name on signage (you cannot form contact with non existant company)
the NTK must include the name of the legal entity claiming , the company mentionned does not exist 

it actually gets worse as we speak , the BPA are adament that the only "entity" using that or simular name is capitol carpark patrol LTD and that they have been member of the BPA since 2009

The BPA should carefully look at Companies House

CAPITAL CAR PARK CONTROL LTD

Company number 12832321

Incorporated on

24 August 2020

LJB179

beamerguy said:

blackdog2220 said:

LJB179 said:

Umkomaas said:

My best defences thus far appear to be the signage being incorrect in accordance with the POFA requirements

What requirements does PoFA place on signage, and if so, how does it not comply?

The below was pasted earlier on, so I assume that the point around there being no name or registered company present on the sign would be a breach?

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA

incorrect name on signage (you cannot form contact with non existant company)
the NTK must include the name of the legal entity claiming , the company mentionned does not exist 

it actually gets worse as we speak , the BPA are adament that the only "entity" using that or simular name is capitol carpark patrol LTD and that they have been member of the BPA since 2009

The BPA should carefully look at Companies House

CAPITAL CAR PARK CONTROL LTD

Company number 12832321

Incorporated on

24 August 2020

This is shocking. What benefits does being part of the BPA give you?

beamerguy

LJB179 said:

beamerguy said:

blackdog2220 said:

LJB179 said:

Umkomaas said:

My best defences thus far appear to be the signage being incorrect in accordance with the POFA requirements

What requirements does PoFA place on signage, and if so, how does it not comply?

The below was pasted earlier on, so I assume that the point around there being no name or registered company present on the sign would be a breach?

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA

incorrect name on signage (you cannot form contact with non existant company)
the NTK must include the name of the legal entity claiming , the company mentionned does not exist 

it actually gets worse as we speak , the BPA are adament that the only "entity" using that or simular name is capitol carpark patrol LTD and that they have been member of the BPA since 2009

The BPA should carefully look at Companies House

CAPITAL CAR PARK CONTROL LTD

Company number 12832321

Incorporated on

24 August 2020

This is shocking. What benefits does being part of the BPA give you?

The main benefit is access to the DVLA.  The side benefits is that you can display signs that are probably never checked and you are in charge of the tail that wags the dog

LJB179

beamerguy said:

LJB179 said:

beamerguy said:

blackdog2220 said:

LJB179 said:

Umkomaas said:

My best defences thus far appear to be the signage being incorrect in accordance with the POFA requirements

What requirements does PoFA place on signage, and if so, how does it not comply?

The below was pasted earlier on, so I assume that the point around there being no name or registered company present on the sign would be a breach?

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA

incorrect name on signage (you cannot form contact with non existant company)
the NTK must include the name of the legal entity claiming , the company mentionned does not exist 

it actually gets worse as we speak , the BPA are adament that the only "entity" using that or simular name is capitol carpark patrol LTD and that they have been member of the BPA since 2009

The BPA should carefully look at Companies House

CAPITAL CAR PARK CONTROL LTD

Company number 12832321

Incorporated on

24 August 2020

This is shocking. What benefits does being part of the BPA give you?

The main benefit is access to the DVLA.  The side benefits is that you can display signs that are probably never checked and you are in charge of the tail that wags the dog

The DVLA is a big one, as that's how they did got my details...?

Umkomaas

The Wayback Time Machine (WTM) shows Terry Szmidt T/A Capital Car Park Control being a BPA AOS member back in 2016 (that's as far back as WTM had a record), so he had, as a sole trader, legitimate access to the DVLA database then and until whenever the T/A company ceased to exist when they should at that stage lose that access until the new Ltd company was formed and joined the BPA. 

I put a link to the relevant WTM page showing this on one of the CCPC threads, can't remember which, but as they're all becoming totally confused by so many questions and responses to posters joining in from other CCPC threads, it's all starting to look a mess. 

blackdog2220

LJB179 said:

beamerguy said:

blackdog2220 said:

LJB179 said:

Umkomaas said:

My best defences thus far appear to be the signage being incorrect in accordance with the POFA requirements

What requirements does PoFA place on signage, and if so, how does it not comply?

The below was pasted earlier on, so I assume that the point around there being no name or registered company present on the sign would be a breach?

The Parking Ticket (aka Notice to Driver)

Schedule 4 paragraph 7 of the PoFA stipulates the mandatory set of information that must be included on the parking ticket. If all of this information is not present then the Notice to Driver is invalid and the condition set out in paragraph 6 of Schedule 4 has not been complied with. Failure to comply with paragraph 6 means that the registered keeper cannot be held to account for the alleged debt of the driver.

• Which car the ticket relates to
• What land the car was parked on
• The period the car was parked
• When and how the parking rules were broken
• What the parking charges are for the infringement of the rules, and of the maximum additional costs they may seek to recover,  and the date by which those parking charges should be paid
• Any discounts for paying within 14 days – which should be at least 40% of the full charge under the British Parking Association (BPA) Code of Practice (applies to BPA Members only)
• How to pay and to whom (this must be the person legally entitled to the money – the “Creditor”)
• The date the time the notice was issued
• How appeals and complaints can be dealt with – for parking companies who are members of the B PA

incorrect name on signage (you cannot form contact with non existant company)
the NTK must include the name of the legal entity claiming , the company mentionned does not exist 

it actually gets worse as we speak , the BPA are adament that the only "entity" using that or simular name is capitol carpark patrol LTD and that they have been member of the BPA since 2009

The BPA should carefully look at Companies House

CAPITAL CAR PARK CONTROL LTD

Company number 12832321

Incorporated on

24 August 2020

This is shocking. What benefits does being part of the BPA give you?

without being a member of the BPA or the IOS (mick mouse club) you cannot gain access to the DVLA database with regard to parking tickets 

so the Bpa are adament that capitol carpark patrol LTD joined the BPA in 2009 (was there an ATA then?) 
printout of claim forms recieved clearly show that the person or entity claiming is terry towel T/A , but yet the BPA state that tery towel has never been a member , and that a not existant company (simular name ) have been using DVLA access 

my request to the BPA was "when did Terry SZMIDT T/A capitol car park patrol cease to be a member of the BPA AOS , and secondly 

when did Capitol car park patrol LIMITED become a member "

and the reply 

so we can clearly see that aomeone has been mascurading as a ltd company , whilst not being registered or a member of ICO 

beamerguy

The BPA should know the company number of the same company in 2009