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  • FIRST POST
    • bergkamp
    • By bergkamp 4th Nov 17, 4:11 PM
    • 182Posts
    • 321Thanks
    bergkamp
    UK Car Park Management try very hard to enable Shedule 4.
    • #1
    • 4th Nov 17, 4:11 PM
    UK Car Park Management try very hard to enable Shedule 4. 4th Nov 17 at 4:11 PM
    NTK issued date 12 days after the event, with the sentence;


    ' This notice is deemed to have been given to you on the second working day after the date of sending above',


    added to end of the POFA blurb.


    Obviously this means nothing without proof of postage, and the NTK was actually received by the RK 16 days after the event.


    The relevant land specified is ' ONE STOP '. Very informative!


    The IPC template has been sent with the addition of no keeper liability explanation for them...
Page 1
    • Coupon-mad
    • By Coupon-mad 4th Nov 17, 9:27 PM
    • 58,576 Posts
    • 72,084 Thanks
    Coupon-mad
    • #2
    • 4th Nov 17, 9:27 PM
    • #2
    • 4th Nov 17, 9:27 PM
    OK - but still don't try IAS, you will lose. It's pointless.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Johnersh
    • By Johnersh 4th Nov 17, 9:43 PM
    • 1,071 Posts
    • 2,073 Thanks
    Johnersh
    • #3
    • 4th Nov 17, 9:43 PM
    • #3
    • 4th Nov 17, 9:43 PM
    ABOUT ONE STOP
    One Stop Stores Limited is a retail convenience business with over 770 company operated neighbourhood stores and 160 franchisees across England, Wales and Scotland.


    So erm which is the relevant land then? I'd suggest that "one stop" probably isn't specific enough to transfer to keeper liability.
    • bergkamp
    • By bergkamp 16th Dec 17, 10:40 AM
    • 182 Posts
    • 321 Thanks
    bergkamp
    • #4
    • 16th Dec 17, 10:40 AM
    • #4
    • 16th Dec 17, 10:40 AM
    I don't think it is pointless when you have clearly non compliant NTK.


    I wouldn't advise any newbie to appeal to the IAS, but getting some up to date ' Independent Adjudicator '


    decisions is not a bad thing IMO. If only for the entertainment value of the operator and Adjudicator


    comments.


    The appeal was simply on no keeper liability.


    Two points - Out of time NTK, and no relevant land on NTK.


    UKCPM try and address the timing point but totally ignore the relevant land issue!


    Obviously the appeal was dismissed by 'Independent Adjudicator'....


    https://www.dropbox.com/s/nd7jr851cki3bd8/UKCPM_IAS_APPEAL.pdf?dl=0
    • Quentin
    • By Quentin 16th Dec 17, 10:54 AM
    • 35,926 Posts
    • 20,198 Thanks
    Quentin
    • #5
    • 16th Dec 17, 10:54 AM
    • #5
    • 16th Dec 17, 10:54 AM
    Why did you come here for advice then ignore it?

    Spilt milk now!!
    • Umkomaas
    • By Umkomaas 16th Dec 17, 10:58 AM
    • 18,035 Posts
    • 28,573 Thanks
    Umkomaas
    • #6
    • 16th Dec 17, 10:58 AM
    • #6
    • 16th Dec 17, 10:58 AM
    Bergkamp knows what he!!!8217;s doing, I think it was always his intention to draw the IAS and operator out on this. He was well aware of the likely outcome, as I read it.

    No doubt he!!!8217;ll confirm.
    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.
    • Quentin
    • By Quentin 16th Dec 17, 11:06 AM
    • 35,926 Posts
    • 20,198 Thanks
    Quentin
    • #7
    • 16th Dec 17, 11:06 AM
    • #7
    • 16th Dec 17, 11:06 AM
    Bergkamp knows what heís doing, I think it was always his intention to draw the IAS and operator out on this. He was well aware of the likely outcome, as I read it.

    No doubt heíll confirm.
    Originally posted by Umkomaas
    You must have mystic powers cos there's nothing in this thread to suggest an agenda like this
    • bergkamp
    • By bergkamp 16th Dec 17, 1:43 PM
    • 182 Posts
    • 321 Thanks
    bergkamp
    • #8
    • 16th Dec 17, 1:43 PM
    • #8
    • 16th Dec 17, 1:43 PM
    Why did you come here for advice then ignore it?

    Spilt milk now!!
    Originally posted by Quentin
    . See post 6.

    The ' Independent Adjudicator ' is " satisfied as to the location of the contravention"....

    So that's relevant land sorted.
    • The Deep
    • By The Deep 16th Dec 17, 1:50 PM
    • 9,520 Posts
    • 9,302 Thanks
    The Deep
    • #9
    • 16th Dec 17, 1:50 PM
    • #9
    • 16th Dec 17, 1:50 PM
    I agree with Bergkamp.


    It is clearly flawed decisions such as this which bolster the motorists case. A good defence can drive a coach and horses through such an "independent adjudication" in court. Why cannot people see this?
    Last edited by The Deep; 16-12-2017 at 1:56 PM.
    You never know how far you can go until you go too far.
    • Umkomaas
    • By Umkomaas 16th Dec 17, 8:50 PM
    • 18,035 Posts
    • 28,573 Thanks
    Umkomaas
    You must have mystic powers cos there's nothing in this thread to suggest an agenda like this
    Originally posted by Quentin
    No mystic powers, I just read every thread on this forum and from bergkampís other inputs on various other threads, itís obvious heís no wet-behind-the-ears newbie.
    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.
    • Coupon-mad
    • By Coupon-mad 16th Dec 17, 8:50 PM
    • 58,576 Posts
    • 72,084 Thanks
    Coupon-mad
    You must have mystic powers cos there's nothing in this thread to suggest an agenda like this
    Originally posted by Quentin
    His other posts recently showed us that bergkamp knows a few scores.

    snap, Umkomaas!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Quentin
    • By Quentin 17th Dec 17, 1:21 AM
    • 35,926 Posts
    • 20,198 Thanks
    Quentin
    No mystic powers, I just read every thread on this forum and from bergkampís other inputs on various other threads, itís obvious heís no wet-behind-the-ears newbie.
    Originally posted by Umkomaas
    You have the advantage over most of us ( not just me) who haven't the time to not only read every single post and ability to recall every posters other posts elsewhere.

    My comment was based purely on this thread which I made clear in #7
    • Quentin
    • By Quentin 17th Dec 17, 1:23 AM
    • 35,926 Posts
    • 20,198 Thanks
    Quentin
    His other posts recently showed us that bergkamp knows a few scores.

    snap, Umkomaas!
    Originally posted by Coupon-mad
    So what was going through your mind when answering the op in your #2??
    • Quentin
    • By Quentin 17th Dec 17, 1:31 AM
    • 35,926 Posts
    • 20,198 Thanks
    Quentin
    His other posts recently showed us that bergkamp knows a few scores.

    snap, Umkomaas!
    Originally posted by Coupon-mad
    So what was going through your mind when answering the op in your #2??
    OK - but still don't try IAS, you will lose. It's pointless.
    Originally posted by Coupon-mad
    • Umkomaas
    • By Umkomaas 17th Dec 17, 9:35 AM
    • 18,035 Posts
    • 28,573 Thanks
    Umkomaas
    You have the advantage over most of us ( not just me) who haven't the time to not only read every single post and ability to recall every posters other posts elsewhere.
    Originally posted by Quentin
    I!!!8217;m not quite that good! .

    I just spotted that a relative newbie (low posts count) seemed to know what he is talking about (across a variety of threads) and !!!8216;logged!!!8217; his name.

    That!!!8217;s about as near to Mystic Meg as it gets!
    Last edited by Umkomaas; 17-12-2017 at 9:39 AM.
    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.
    • bergkamp
    • By bergkamp 17th Dec 17, 6:01 PM
    • 182 Posts
    • 321 Thanks
    bergkamp


    http://parking-prankster.blogspot.co.uk/2017/12/is-bryn-holloway-lead-assessor-of.html

    • hoohoo
    • By hoohoo 17th Dec 17, 7:03 PM
    • 1,679 Posts
    • 3,118 Thanks
    hoohoo
    Very sad that someone who used to be a judge would behave this way
    Dedicated to driving up standards in parking
    • bergkamp
    • By bergkamp 24th Dec 17, 3:54 PM
    • 182 Posts
    • 321 Thanks
    bergkamp
    The RK has now received a ' Formal demand ' from UKCPM.

    https://www.dropbox.com/s/8lim1ctsavqhx12/FORMAL_DEMAND%20REDACTED.pdf?dl=0


    Interestingly, even though they ' won ' the IAS appeal, they will have the ' right to recover the charge from the driver ' after 28 days '.....
    Last edited by bergkamp; 06-01-2018 at 3:28 PM. Reason: New file added.
    • bergkamp
    • By bergkamp 6th Jan 18, 12:58 PM
    • 182 Posts
    • 321 Thanks
    bergkamp
    To be sent in response to the Formal Demand;
    Data Protection Act 1998 Ė Section 10 Data Subject Notice

    I am the registered keeper of the vehicle with registration mark XXXXXXX and received your Notice To Keeper (PCN) number 9999999.

    You cannot use Schedule 4 of the Protection of Freedoms Act 2012 to transfer liability to the registered keeper, as the NTK does not meet the criteria needed to enable the Act.

    I then received your Formal Demand with the same reference number. This stated that you allegedly have the right to recover from the driver the parking charge amount.

    I am under no obligation to name the driver.

    You have been informed numerous times at the two appeal stages that I was not the driver and will not be naming them.

    As a result, there is no legally-enforceable parking charge against me the registered keeper and no justification for you to pursue me. You must now delete all my personal information that you have obtained and hold . Your unreasonable and unlawful demand for payment is causing me significant distress and anxiety.

    I demand that you immediately cease and desist from processing my personal data, except to inform me that you have complied with this demand. Any further processing of my personal data, including demands for payment or passing my personal data to any third party, will be considered harassment and a flagrant disregard of the DPA, which will be reported to DVLA and to your ATA, and may result in legal action against you for compensation or damages, including Exemplary or Punitive damages.

    The DPA requires you to respond to this notice within 21 days to confirm that you have or will comply with my demands, or to explain why you have not or will not comply.
    Anything need to be added?
    • Coupon-mad
    • By Coupon-mad 6th Jan 18, 3:05 PM
    • 58,576 Posts
    • 72,084 Thanks
    Coupon-mad
    Dropbox link didn't take me to a particular file?
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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