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Messages - DWMB2

Pages: [1] 2 3 ... 332
1
The Flame Pit / Re: FOTL and Other Misguided Folk
« on: Today at 04:51:19 pm »
Not motoring, but definitely FoTL:

London Borough of Southwark - and - Trevor Hadjimina

The Freeman in question has found himself not so free for the next few months, getting a 6 month sentence.

2
That could do as an initial appeal, but don't expect it to succeed either with the operator or with POPLA.

If you haven't already, contact the venue where the vehicle was parked and ask them to intervene.

If you are going to be out of the country for 2 months, make sure you have made arrangements for dealing with any postal mail received during that period. (Not just in relation to this matter, but in general. Allowing post to go unopened for several weeks can cause minor issues to become major issues)

3
NTOs are for council tickets. A Notice to Keeper would ordinarily be issued in private cases.

If she has told them she was driving and provided her name and address, APCOA won't be contacting you, as they don't need to. They will continue to contact her.

If she had waited, and you had appealed, the matter would have been cancelled. However, in our experience, we have never seen APCOA take a single case to court. She can therefore ignore the incoming barrage of letters from debt collectors (who are powerless). In the very unlikely event she receives a Letter of Claim from solicitors, come back here, otherwise, continue to ignore. They usually get bored after a few months to a year or so.

4
Private parking tickets / Re: PCN Charge at place of residence
« on: Yesterday at 04:21:43 pm »
My actual tenancy agreement seems to just be a generic template from online and has no specific property information on it.
So just to confirm, your actual tenancy agreement doesn't mention parking, nor contain the words "parking", "park", "car" or "vehicle" anywhere in it at all?

The mention of an allocated bay in that pack is certainly useful, assuming there are no mentions elsewhere of any conditions associated with your use of the same.

5
Please show us the page that contains the relevant details (that is the one containing the particulars of claim)

6
Private parking tickets / Re: UKPC - 2 issues on one ticket
« on: Yesterday at 02:13:09 pm »
UKPC already know when and where the incident took place, we don't, so please tell us.

UKPC issue around 50,000 parking charges each month, they're unlikely to spend too long on here.

7
Are you the registered keeper of the vehicle?

If so, you should send a Subject Access Request to DVLA to find out when (and by whom) your data was accessed from the date of the parking in 2021 to now. The form is here: Make a subject access request to DVLA.

It will be interesting to see when GXS accessed your data.

If you were feeling particularly belligerant, you could include an invoice for £100, reduced to £60 for prompt payment, for your time.
I wouldn't. Tempting as it may be, meeting an unenforceable charge with an unenforceable charge probably isn't the way to go.

8
If you would like advice about your own situation, please start your own thread.

9
Welcome to FTLA.

To help us provide the best advice, please read the following thread carefully and provide as much of the information it asks for as you are able to: READ THIS FIRST - Private Parking Charges Forum guide

10
A couple of points.

Firstly, you need to check the relevant Code of Practice for your references. V1.1 of the Private Parking Sector Single Code of Practice came into effect in February 2025. The operator can't reasonably be bound by a Code of Practice that didn't exist at the time of the parking event. Find the BPA Code of Practice that was in force at the time and use that.

You'll need to check exactly what the Code of Practice that was in effect at the time says about Grace and Consideration periods. In their current form, you don't get to add both together to give you 15 minutes of extra time. The consideration period is simply a period of time allowed for the motorist to consider the terms on offer and leave if he doesn't accept them. If he chooses to remain there, this is not added on to his permitted time. The grace period is intended to account for the time taken to do things such as find a space, pay, and then leave at the end of the paid for period.

The operator's argument will be that you paid for 2 hours, and spent 2 hours 14 in the car park.

I wonder if a more straightforward argument would be that you relied in good faith on the time printed on the ticket. This argument would be weak if you had (for example) purchased the ticket an hour after parking, but doesn't seem like an inherently unreasonable assumption when the ticket was purchased less than 5 minutes after entry.

11
I'd not bother with any further letters - wait for them to issue proceedings.

12
I think you need to contact the court again, primarily to address two issues:
  • Why they have seemingly accepted the suggestion that the claim was struck out 'in error'. The claim was struck out because they failed to comply with an order of the court, in that they served their amended particulars of claim too late.
  • Confirming that you are able to submit an amended defence, responding to the revised particulars of claim. You didn't submit any at the time owing to the claim being struck out

13
the claim was struck out on 10/07/2025.
the claim was struck out on 27/05/2026
Which one is it?

14
You need to make those Google Drive links accessible, it's asking me to request access.

15
I would phone the court and try to establish what has gone on.

I would follow this up in writing, ideally in reply to your email confirming strike out, attaching a copy of this notice of allocation, asking why you have received a notice of allocation for a claim you have previously had confirmation has been struck out.

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