PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

725 Pages V   1 2 3 > » 

SchoolRunMum
Posted on: Yesterday, 19:26


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


Is that in reply to my suggested response?

I would show them some redacted info from your tenancy agreement that talks about a right of way, right to peaceful enjoyment. But not the full document.

And state again that regulations do not include the imposition of the private nuisance of a parking scheme and that this cannot be imposed on residents with no regard paid to their primacy of contract at the location.

Finish by reminding them that they have failed to answer the following point:

QUOTE
... clause 8.1 on page 15 of the Lease, which states that pursuant to the Contracts (Rights of Third Parties) Act 1999, the Lease does not confer a benefit on any person who is not a party to this lease. Accordingly, it appears that your clients have no right to enforce any sections under the Lease at all and therefore your client does not have any cause of action (unless you can prove otherwise).


And that:

QUOTE
With the SAR reply, I require UKPC to explain to me and clarify the reason for this untrue statement their company made recently, to the Managing Agent about my case:

''Unfortunately these charges have escalated to a stage whereby I cannot cancel them. The charges were issued from 6th April 2014 until 20th June 2014. The charges have gone to a stage where our Legal Team have started to take action to retrieve the monies owed for each of the parking charge notices.''
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435405 · Replies: 107 · Views: 8,940

SchoolRunMum
Posted on: Yesterday, 19:19


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


You can donate to support the forum here, when you win:

http://www.pepipoo.com/Site_info.htm

smile.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435403 · Replies: 8 · Views: 143

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 21:24


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


There are plenty of POPLA examples of appeal points in the 3rd post of the MSE NEWBIES thread:

https://forums.moneysavingexpert.com/showth...d.php?t=4816822

And as long as the driver has never been admitted, start with a point (seen on lots of POPLA appeals on both forums - read some as research!) saying there can be no keeper liability under the POFA because PPS (London) Ltd do not comply with the Act and have not issued a Notice to Keeper, at all.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434772 · Replies: 9 · Views: 190

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:46


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
The BPA has now instructed its operators to signpost motorists to independent appeal for all penalties issued on Byelaws land after 1 November 2018."


Interesting update, thanks Roy the Bus.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434763 · Replies: 20 · Views: 767

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:43


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
she forgot to register her vehicle in their machine.

There is already an example defence about these non-obvious keypads, on MSE forum if you search it for Odeon iPad ParkingEye and as Redivi says, CEL are eay to see off at court claim defence stage and probably with no hearing, as they may well discontinue when you call their scamming bluff.

The Medical Centre should not even be using that regime, it is overly complicated for stressed patients and busy staff and breaches Government Policy:

https://www.gov.uk/government/publications/...king-principles

QUOTE
Contracted-out car parking
NHS organisations are responsible for the actions of private contractors who run car parks on their behalf.

NHS organisations should act against rogue contractors in line with the relevant codes of practice, where applicable.

Contracts should not be let on any basis that incentivises additional charges, eg ‘income from parking charge notices only’.


There is no potential for further court losses/costs and it's pretty much unheard of to lose v CEL, and this case is no different! Well worth fighting but if there is no court claim yet, go for a complaint to the Medical Centre Practice Manager and insist it is cancelled. Should have been done first, along with a proper appeal that would have won first go (one email).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434762 · Replies: 4 · Views: 118

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:34


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


It's fine, as you can;t lose a non POFA POPLA appeal as long as you have never implied who the drvier was. Upload that as a PDF under OTHER (only OTHER).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434760 · Replies: 29 · Views: 675

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:30


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


I was rather hoping to encourage you to look further back in the forum and find it, since I gave you the username and it had replies only this week, so is current.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434758 · Replies: 27 · Views: 473

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:26


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
... did park there for 11 minutes and 29 seconds


But no, the driver didn't park there at all, let alone for those minutes/seconds. That was the alleged total in-out driving time. And might well not be reliable either.

And the BPA CoP says the grace period must be a MINIMUM of ten minutes, not a MAXIMUM and a meeting in 2015 decided to increase that to eleven minutes (and the BPA then hoped everyone had forgotten that and never updated the CoP).

Do you have Google location on your phone, with data from that day to disprove the fake 11 mins 29 seconds timing that they are alleging from their unsynchronised system?



  Forum: Private Parking Tickets & Clamping · Post Preview: #1434757 · Replies: 16 · Views: 432

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:21


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


No, telling POPLA that a PPC was norty and didn't bother to respond to a point of appeal, does not win a POPLA appeal.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434756 · Replies: 31 · Views: 1,139

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:19


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


As you mention POPLA, do you mean the BPA member called PPS (London) Ltd?

'PPS Ltd' are not in the BPA and there is no POPLA with an IPC firm.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434754 · Replies: 9 · Views: 190

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:16


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


Yes if you add that the driver was authorised to park by residents who have primacy of contract.

And that the driver was familiar with the location which had never been restricted parking before, on previous visits. The Claimant - with its unremarkable, unlit and sparsely placed signs - failed to draw the new terms clearly to the attention of drivers not expecting to see such signs, contrary to their own Trade Body Code of Practice regarding new locations, and contrary to the transparency of terms requirements of the Consumer Rights Act 2015 and the Red Hand Rule (Lord Denning, Spurling v Bradshaw).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434752 · Replies: 25 · Views: 831

SchoolRunMum
Posted on: Fri, 16 Nov 2018 - 20:05


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


And ask for your POPLA code and remind them that the keeper's name and address is xxxxxxxxx (to avoid them using the excuse that they didn't know for sure, who the appellant was).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434749 · Replies: 31 · Views: 1,028

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 22:04


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


Please read the thread I just mentioned, it saves us constantly repeating ourselves.

Or go and read any set aside thread on MSE parking forum, they all have the draft order and example WS templates, every week.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434553 · Replies: 27 · Views: 473

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 22:02


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
also the logo is Excel no idea if that makes a difference but personally I find that totally misleading.


You NEED to know why that makes an enormous difference. We did say!

QUOTE
because the contract (signage, and the PDT itself) were not even in the name of this Claimant - then their case has no merit at all.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434551 · Replies: 24 · Views: 561

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 22:00


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
Is there a template that could be used


Yes, please look at the thread by Disgruntled48 because you need a WS and a six point draft order.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434549 · Replies: 27 · Views: 473

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:56


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
Our local county court is Worthing. Any idea if that is a 'good or 'bad' result for us ?


It's near to me and I've never seen a report from there.

QUOTE
Any award must be dwarfed by the costs to the claimants
Not really. It's a robo-claim, costs them very little, and it's a numbers game. Most victims pay up.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434548 · Replies: 21 · Views: 531

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:52


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
You would probably hate a lot of the contracts I see, which include clauses that deem good service to have been effected at an address specified in the contract even if the defendant doesn’t live there and never receives the claim.


Yes I would hate to see that, it smacks of unfairness.

Makes me glad I will never study law now. bargepole showed me some of his assignments and they are so tedious, life's too short for essays.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434543 · Replies: 27 · Views: 473

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:45


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


Great stuff - a classic example of how easy it is to appeal a PCN from the likes of Smart, CEL, CP Plus, Highview or any others who can't be arsed to use the POFA!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434541 · Replies: 1 · Views: 107

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:43


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE (nosferatu1001 @ Thu, 15 Nov 2018 - 14:48) *
You should also submit a draft Order, which is what you want the courts to do as a result of the hearing. At minimum this sets aside the judgement, resereves costs etc.


Same as the other set aside threads, have a look at the one by Disgruntled48.

Same as I told humaakht
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434540 · Replies: 5 · Views: 159

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:38


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


All good until the last two paragraphs which are an unnecessary climb down and show weakness.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434538 · Replies: 191 · Views: 21,124

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:35


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
And did they include a draft defence with reasonable prospects of success and act promptly, or did they solely rely on the claim form not being properly served?


Johnersh and LOC123 are solicitor posters on MSE. A WS and a Draft Order are lodged with the N244 each time, and the OPs are all told to go along armed with the basics of a defence and evidence that they were 'there to be found' but for a simple trace and acted promptly, and didn't try to avoid any debt by moving away and ignoring it.

To be fair, I didn't say anyone should rely SOLELY on the claim not being properly served! That would be daft.

QUOTE
all I have to prove is a realistic prospect of defending the claim and acting promptly.


Agreed.

QUOTE
The court doesn’t (or shouldn’t) give a stuff what the government or DVLA thinks.

I think they should, and at least it shows a doubting Judge that PPCs have been singled out and that it's in their hands to make an effort to trace the victim before suing them. How is it OK that they don't?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434537 · Replies: 27 · Views: 473

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:26


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


QUOTE
Could you clarify what PE is please?

Could you have a think? What's your thread about?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434532 · Replies: 16 · Views: 334

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:25


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


Does say what the 'site' is, no boundary or map or even a retailer's name as a clue.

QUOTE
Parking at the site (a car park on Seymour Grove Trafford Manchester) is free but the alleged contravention is for "leaving the site".


Contact the Local Authority Planning team and ask what the Planning Consent said about that car park when built, and whether the signs are allowed to insist that patrons do not leave the site - or did the Planning contemplate people using the local shops too and include that requirement? If so, report them for breach of Planning Consent.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434530 · Replies: 6 · Views: 168

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:18


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


Why do you think your time is up just because they replied, when they HAD to reply...and you knew they would reply...and you asked for these photos?

Nothing has changed. In almost every thread here, these cases are win by defending them at court, with proper preparation and knowing the arguments. You want them to sue because there is no risk for you as long as you don't ignore a claim (and you won't) and because that stage is where the scam ends.

Even people who lose, pay less than is being demanded at these stupid posturing stages and/or on the Claim form, as long as they prepare well and realise to argue about the added 'damages' that do not exist.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434525 · Replies: 10 · Views: 228

SchoolRunMum
Posted on: Thu, 15 Nov 2018 - 21:15


Member


Group: Members
Posts: 18,289
Joined: 20 Sep 2009
Member No.: 32,130


Yes, include it all (below) because the MA needs to know that they are jointly and vicariously liable for this trespass and harassment, and that it is a private nuisance.

QUOTE
You can then warn them tht
1) They are harassing you for no reasonable cause
2) They acessed your personal details (if true) without reasonable cause, breaching the DPA2018
3) They are commiting a trespass against goods by inspecting your vehicle without cause
4) They are tortiously interefering with your lease, by interfering with your RIGHT to peaceable enjoyment of your leased property

All of which comes with damages and you WILL take them to court to recover this, and seek an injunciton against them to prevent them from repeating this.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1434523 · Replies: 39 · Views: 1,038

725 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Tuesday, 20th November 2018 - 14:41
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.