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Defence due 4pm Monday 20th Aug

124678

Comments

  • Trabar
    Trabar Posts: 39 Forumite
    Simon is not the Claimant.

    Thanks Coupon Mad, I can see that now. I seem to be over-thinking some stuff.
  • Trabar
    Trabar Posts: 39 Forumite
    I have another question please. How can I find out if ANPR is in use at the site in question. They allege multiple comings and goings of the driver (which suggest ANPR?). But the first notification was a windscreen yellow NTD; followed by an NTK in the post not too long after. I'm struggling a bit with regards to POFA 2012 and not sure how to argue whether they are restricted to using it or are in breach of it.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    the signage should have ANPR info and icons listed


    if they are issuing windscreen tickets then they are probably using handheld cameras too


    if a windscreen ticket IS issued to the DRIVER , then for POFA2012 compliance they must issue an NTK to the KEEPER between day 29 and day 56 following the event


    POFA2012 schedule 4 tells you the law on this


    SIMON owns both companies, its the companies that are chasing their alleged debts with the alleged debtors, not the owner


    send a free SAR under the GDPR to get all evidence and copies of paperwork etc , plus they should issue these later in the process anyway
  • Coupon-mad
    Coupon-mad Posts: 131,603 Forumite
    Name Dropper First Post Photogenic First Anniversary
    I expect the windscreen notice was not a PCN but was one of their 'this is not a parking charge' pieces of crap. Search for myparkingcharge.co.uk to read other threads to save our fingers.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Trabar
    Trabar Posts: 39 Forumite
    the signage should have ANPR info and icons listed


    if they are issuing windscreen tickets then they are probably using handheld cameras too


    if a windscreen ticket IS issued to the DRIVER , then for POFA2012 compliance they must issue an NTK to the KEEPER between day 29 and day 56 following the event


    POFA2012 schedule 4 tells you the law on this


    SIMON owns both companies, its the companies that are chasing their alleged debts with the alleged debtors, not the owner


    send a free SAR under the GDPR to get all evidence and copies of paperwork etc , plus they should issue these later in the process anyway

    The problem I have is that my defence needs to be submitted by 4pm tomorrow. I cannot find the original paperwork - so I cannot work out what was received or when it was received, nor view the yellow notice that was originally attached to car. My concern is 'what if they have correctly adhered to POFA?'
  • KeithP
    KeithP Posts: 37,622 Forumite
    Name Dropper First Post First Anniversary
    Show us your draft Defence.

    No-one here is going to write your Defence for you.
  • Trabar
    Trabar Posts: 39 Forumite
    Show us your draft Defence.

    No-one here is going to write your Defence for you.

    I'm still working on it. Which is why I'm asking questions (i.e. where I cant get my head around technicalities etc.).
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    you wont get proper responses until you post your draft defence , you have had weeks to find other EXCEL defences (and yes you can use B W LEGAL defences because they usually act for Excel and VCS)

    you can pm soolin or crabman to change the thread title

    you could look at the LAMILAD court case threads, even though they are a couple of years old, and adapt a draft defence (plus CM said search EXCEL DEFENCE and she knows what she is talking about)

    leaving it to the last minute and not posting any draft at all is hampering your final draft and leaving it until the wire wont help, you have had over a month to get this drafted (even if you havent got all the info to hand)
  • Trabar
    Trabar Posts: 39 Forumite
    you wont get proper responses until you post your draft defence , you have had weeks to find other EXCEL defences (and yes you can use B W LEGAL defences because they usually act for Excel and VCS)

    you can pm soolin or crabman to change the thread title

    you could look at the LAMILAD court case threads, even though they are a couple of years old, and adapt a draft defence (plus CM said search EXCEL DEFENCE and she knows what she is talking about)

    leaving it to the last minute and not posting any draft at all is hampering your final draft and leaving it until the wire wont help, you have had over a month to get this drafted (even if you havent got all the info to hand)

    With respect, I appreciate helpful responses but have you actually read my thread? I have asked for help on numerous occasions regarding the search facility - because it I was struggling to find a Renshaw Smith defence (which is actually recommended on here as a search i.e. Renshaw Smith / Excel / Overstay / Grace periods etc etc. I've been working on my defence for quite a while - I'm just a slow learner, so would have appreciated advice re the search facility when I first asked.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 19 August 2018 at 10:26PM
    with respect

    YES , DEFINITELY YES , I did read this thread all the way through before replying , plus i saw that you got good replies from several regulars and that the advice given was rarely acted upon (and I read it from start to finish 2 days ago too)

    the thread title was not changed despite people telling you 4 weeks ago

    no SAR seems to have been asked for until very recently (if at all)

    you were told 3 weeks ago when your deadline was and the things that needed to be done once the defence was finished

    you were told to use the forum search box by CM and she suggested keywords

    and I also read it through from start to finish a few days ago before I replied on the 17th

    there are a lot of threads on here that arrive daily, plus those ongoing threads


    and the only person asking about SIMON RENSHAW SMITH was you , no point in using his name to find useful threads because it is his company that are doing this, not Simon

    the point is that its a DIY job unless you pay hundreds of pounds out for a Nick "Mr Loophole" Freeman type of solicitor to do this all for you

    until you post your draft , you wont get comments about it, that is how it works on here and you only have to look at that NHS one that bargepole replied to this morning (twice) in order to see how he honed that defence

    so with respect, HAVE YOU READ HIS REPLIES in that thread ?

    or have you read any other ones that he has honed this year ? (I have and I dont even have a pcn or an MCOL)

    or any that coupon mad has honed recently or this year ? (I have and I dont even have a pcn or an MCOL)

    or done any decent searches ? (bearing in mind it is not our job to teach you how to use this forum (you agreed that you knew how to use this forum on signup)

    have you helped ANYONE else on this forum besides yourself (like everyone who has replied in this thread has done hundreds of times recently ?

    so , WITH RESPECT , I do not think so
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