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  • FIRST POST
    • whiskeytoothpaste
    • By whiskeytoothpaste 10th Jul 17, 7:19 PM
    • 60Posts
    • 17Thanks
    whiskeytoothpaste
    Oldie- faq no help
    • #1
    • 10th Jul 17, 7:19 PM
    Oldie- faq no help 10th Jul 17 at 7:19 PM
    Good work on here to everyone before I start.
    I have had past success but feel a bit stuck with this one
    Entrapped as manual operator was also parked on there.
    No entrance signs or clear boundaries
    Windscreen notice issued with a link to myparkingcharg
    Appealed as keeper
    BUT- their email was intercepted and i missed the IAS deadline
    Have used the appeals process again

    Anything else to do? Predictions? What's likely to happen next?
    Cheers everyone
    Last edited by whiskeytoothpaste; 10-07-2017 at 9:19 PM. Reason: Anonymity
Page 1
    • Ralph-y
    • By Ralph-y 10th Jul 17, 7:22 PM
    • 2,606 Posts
    • 3,262 Thanks
    Ralph-y
    • #2
    • 10th Jul 17, 7:22 PM
    • #2
    • 10th Jul 17, 7:22 PM
    Hi and welcome to the forum (again?)

    you need to read through the newbies thread .... lots of things have changed ....

    You can not do popla with the IPC crowd ...

    in fact you can not do IAS with the IPC crowd

    Ralph
    • Redx
    • By Redx 10th Jul 17, 7:26 PM
    • 18,096 Posts
    • 22,880 Thanks
    Redx
    • #3
    • 10th Jul 17, 7:26 PM
    • #3
    • 10th Jul 17, 7:26 PM
    no chance of POPLA

    all you can do is IGNORE them for 6 years unless you get an actual LBC or actual MCOL from the CCBC in Northampton , in the post

    ie:- you are now at the IMPASSE stage

    it may not be fair , but until the government changes it , its all there is
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • whiskeytoothpaste
    • By whiskeytoothpaste 10th Jul 17, 7:48 PM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    • #4
    • 10th Jul 17, 7:48 PM
    • #4
    • 10th Jul 17, 7:48 PM
    Thanks Redx,
    So: ignore any DC letters etc?
    If I get an mcol or LBC then deny liability under pofa?
    • Redx
    • By Redx 10th Jul 17, 8:28 PM
    • 18,096 Posts
    • 22,880 Thanks
    Redx
    • #5
    • 10th Jul 17, 8:28 PM
    • #5
    • 10th Jul 17, 8:28 PM
    no , if you get an LBC , deny the debt in a rebuttal letter (as mentioned in the NEWBIES sticky thread)

    if you get an MCOL in the post , start drafting a defence after acknowledging it online (see post #2 of the NEWBIES sticky thread)

    and yes IGNORE all DC letters (see post #4 of the newbies sticky thread) - debt collectors are powerless
    Last edited by Redx; 10-07-2017 at 8:56 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • whiskeytoothpaste
    • By whiskeytoothpaste 10th Jul 17, 8:54 PM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    • #6
    • 10th Jul 17, 8:54 PM
    • #6
    • 10th Jul 17, 8:54 PM
    Thank you- that's really helpful
    • whiskeytoothpaste
    • By whiskeytoothpaste 19th Jul 17, 9:11 AM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    • #7
    • 19th Jul 17, 9:11 AM
    Bizzarre
    • #7
    • 19th Jul 17, 9:11 AM
    HI Redx
    I re-appealed to PPC on line. They have responded but only to clarify that NTD was issued on 21/5 and NTK issued to me on 30/5. They confirmed that no NTD has been issued to me (as keeper).
    They have provided a further 21 days for an IAS appeal. They have also extended the discount period.
    So- should I appeal to IAS stating no keeper liability under POFA or ignore? They maintain that they adhere to their trade body code of practice but I have evidence that they do not.
    This one is new to me.
    • Quentin
    • By Quentin 19th Jul 17, 9:15 AM
    • 35,556 Posts
    • 19,759 Thanks
    Quentin
    • #8
    • 19th Jul 17, 9:15 AM
    • #8
    • 19th Jul 17, 9:15 AM
    If you read up in the newbies FAQ thread you will see the futility of an IAS appeal.

    Follow the advice in#5
    • pappa golf
    • By pappa golf 19th Jul 17, 9:16 AM
    • 8,706 Posts
    • 9,307 Thanks
    pappa golf
    • #9
    • 19th Jul 17, 9:16 AM
    • #9
    • 19th Jul 17, 9:16 AM
    hi redx
    i re-appealed to ppc on line. They have responded but only to clarify that ntd was issued on 21/5 and ntk issued to me on 30/5. They confirmed that no ntd has been issued to me (as keeper).
    They have provided a further 21 days for an ias appeal. They have also extended the discount period.
    so- should i appeal to ias stating no keeper liability under pofa or ignore? They maintain that they adhere to their trade body code of practice but i have evidence that they do not.
    This one is new to me.
    Originally posted by jaison


    no


    ,,,,,,,,,,,,,,,,,,,,,,,,,
    Save a Rachael

    buy a share in crapita
    • whiskeytoothpaste
    • By whiskeytoothpaste 17th Nov 17, 7:03 AM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    Hi. I've just recieved 2 letters from BW legal. Both with the same date.
    One is noting my previous letter in which I deny the debt as keeper and stated that they have no legal basis for pursuing me, as driver etc.
    The second is the new style letter before claim asking me to tick the boxes and containing all the debt info.
    Do I rebute from the form or with a letter? Should I also ask again for proof of authority from the landowner? I'm unsure about the pre action proceedures.
    I'm happy to contextualise the series of events and my defence if it helps
    Last edited by whiskeytoothpaste; 17-11-2017 at 7:09 AM.
    • whiskeytoothpaste
    • By whiskeytoothpaste 17th Nov 17, 8:40 AM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    The story so far
    Windscreen ticket left on my vehicle by vcs for parking on private land. This was apparently a space in a town centre. Cannot find out who owns this land as yet. No entrance signs, just a few along the back wall. Photos of my vehicle on myparkingcharge show my car with the (tiny looking) signs in the background and one photo close up of the sign, no doubt to show the wording.
    Ntk arrived 9 days later. I appealed, as keeper to ppc online stating breach of pofa, no boundaries or entrance signs. Appeal rejected and invited to appeal via ias. No thanks.
    Appealed again,they responded again providing a further 14 days to pay- and bizzarrely stating that no NTD was ever issued to me.
    More chainletters, final this and that. Reponded to maintain my position.
    Then the new style lbc. Have to see if it meets pd protocol and will respond. I am under the impression that this is contractual charge rather than trespass or breach but unclear as of yet as they have not responded to previous requests about this. Nor have they provided any evidence that they have authority from the landowner to issue these charges, despite my request.
    Any suggestions for my next move in this, as keeper would be really welcome. I was not driving the vehicle at the time.
    • Quentin
    • By Quentin 17th Nov 17, 9:28 AM
    • 35,556 Posts
    • 19,759 Thanks
    Quentin
    See #2 in the newbies FAQ thread on how to deal with a lbcca and subsequent court claim


    (Advice also in #5 above)
    • whiskeytoothpaste
    • By whiskeytoothpaste 19th Nov 17, 2:03 PM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    Responding to letter of action
    In previous correspondence I asked for documents relating to their authority to operate. Their response was that they would only provide pertinent information.
    Now they have served a letter of claim, I am asking for documents under the new pre-action protocol.
    Would it be worth asking for their current audit status from the ipc, which is rag rated?
    I do not believe that they are in full compliance with the code of practice.
    I'm pretty fed up that they have assigned this debt to me as keeper. I was not driving the car at the time and they have not met the conditions of schedule 4.
    There are some similar cases which I will rely on. These were struck out.
    Anyway, still at the pre action stage and want to comply, but recognise its my chance to request relevant docs.
    Please advise.
    Have also paid private parking appeals (linked to prankster) for help but they are not responding to emails.
    • Umkomaas
    • By Umkomaas 19th Nov 17, 3:42 PM
    • 17,562 Posts
    • 27,763 Thanks
    Umkomaas
    Now they have served a letter of claim, I am asking for documents under the new pre-action protocol.
    Would it be worth asking for their current audit status from the ipc, which is rag rated?
    The latest PaP is as new to us as anyone else. We have yet to see any pattern of what is produced voluntarily, what is further produced on request and what is refused (legitimately or otherwise). If you think what you want is covered within the PaP, then ask for it. If they refuse, it becomes a possible lever later.

    Have also paid private parking appeals (linked to prankster) for help but they are not responding to emails.
    They don!!!8217;t deal with IPC cases from my understanding and we!!!8217;ve seen a number of complaints where payments have been made to them (for IPC cases) and difficulty experienced in gaining a refund.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • logician
    • By logician 19th Nov 17, 4:35 PM
    • 194 Posts
    • 76 Thanks
    logician
    I
    Have also paid private parking appeals (linked to prankster) for help but they are not responding to emails.
    Originally posted by whiskeytoothpaste
    @ whiskeytoothpaste - if you have paid the company then they should be able to assist you - perhaps they are waiting for you to supply copies of the documents?

    T


    They don’t deal with IPC cases from my understanding and we’ve seen a number of complaints where payments have been made to them (for IPC cases) and difficulty experienced in gaining a refund.
    Originally posted by Umkomaas
    According to their website and terms and conditions they do deal with IPC case...
    • Umkomaas
    • By Umkomaas 19th Nov 17, 4:48 PM
    • 17,562 Posts
    • 27,763 Thanks
    Umkomaas
    @OP - I!!!8217;ll leave you in the hands of the logician, who knows far more about this than I do.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • whiskeytoothpaste
    • By whiskeytoothpaste 19th Nov 17, 6:49 PM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    I've mailed my handler again but cannot hang around on this.
    Does anyone know which cases the ipc crowd are relying on when they are not using pofa?
    • Umkomaas
    • By Umkomaas 19th Nov 17, 6:59 PM
    • 17,562 Posts
    • 27,763 Thanks
    Umkomaas
    Elliott v Loake

    CPS v AJH Films
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • whiskeytoothpaste
    • By whiskeytoothpaste 20th Nov 17, 8:53 PM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    Really uncertain now.
    • whiskeytoothpaste
    • By whiskeytoothpaste 20th Nov 17, 10:28 PM
    • 60 Posts
    • 17 Thanks
    whiskeytoothpaste
    Further info
    Thanks. Do you know where can I find the information which disputes the relevance of Elliot v loake etc.?
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