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emanresu
Posted on: Yesterday, 07:05


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Anyone know why the exclusion of NI? And why the inclusion of Scotland?
  Forum: Government Policy · Post Preview: #1472421 · Replies: 2 · Views: 120

emanresu
Posted on: Mon, 18 Mar 2019 - 17:26


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You might want to report that to Trading Standards on the basis of misrepresenting the legal position.

In addition, check the name of the legal representative who signed the "Statement of Truth" and if that person is a legal professional then report them to the SRA.

If the person is not a legal professional then check who is the legal professional at the company and report he company to the Solicitors Regulation Authority.No point in being regulated if the Regulators do nothing about it. After all they have insurance for these c**k-ups underwritten by the SRA.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1471998 · Replies: 71 · Views: 2,044

emanresu
Posted on: Thu, 14 Mar 2019 - 16:26


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QUOTE
there's no such thing (as far as I am aware) as a 'County Court Judgment' per se in Scotland,


Sheriff Court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1470913 · Replies: 5 · Views: 82

emanresu
Posted on: Mon, 11 Mar 2019 - 17:42


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QUOTE
Not sure why no ticket displayed as she wouldn't park without paying


That's the core of any argument. What do the pics show? What does the driver say?

It is abnormal for someone to go to a car park and not check if there is payment / restrictions. The environment (what the average person would do) sets the scene.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1469978 · Replies: 17 · Views: 258

emanresu
Posted on: Mon, 11 Mar 2019 - 10:19


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QUOTE
which means they can break into premises and retrieve goods


You might want to check that.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1469832 · Replies: 87 · Views: 5,847

emanresu
Posted on: Tue, 5 Mar 2019 - 16:02


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Well done

Could you get a cost of the full transcript of your case. This appears to be a decision based on "frustration" of contract when using one of the Apps. Very useful.

Here is the link to get a quote

https://www.gov.uk/government/publications/...ings-form-ex107

Some may want to crowdfund the cost for you.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1467770 · Replies: 47 · Views: 1,474

emanresu
Posted on: Tue, 5 Mar 2019 - 08:58


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QUOTE
how I do not owe money on the basis that I have never entered into their contract


You are concentrating far too much on process / timeline.

Why do you think you do not owe the money. What evidence do you have? Then process/timeline can be discussed.

QUOTE
You cannot claim 1000s for losing out on your mortgage, unless you can show an immediate loss.


It might be possible but you'd pay 1000s in court fees and possibly lose.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1467537 · Replies: 26 · Views: 589

emanresu
Posted on: Sun, 3 Mar 2019 - 08:00


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QUOTE
Surely a LA takes authority by a Traffic Order it is not assumed.


That is most LA's understanding of the issue and corresponds to Southpaw's comment at #51. It has been backed by a DfT letter in 2015 that indicated that they couldn't reverse the process - moving from PPO/TRO to contract. Which is why you check using the link provided at #44

However a recent Local Government Ombudsman decision has thrown some doubt on the issue so if you want to muddy the waters, then get a copy of the LGO decision. It is not a silver bullet.

Best to approach the matter based on facts, evidence to those facts and solid argument. You might get a judge who can't be arsed with "technical" arguments.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1466990 · Replies: 61 · Views: 1,396

emanresu
Posted on: Fri, 1 Mar 2019 - 15:04


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QUOTE
Now that we know that the Oxford City Council is a traffic authority, I will focus my effors on finding out if there is a parking places order in force for the area where the car was parked.



Online check here

https://tro.trafficpenaltytribunal.gov.uk/
  Forum: Private Parking Tickets & Clamping · Post Preview: #1466541 · Replies: 61 · Views: 1,396

emanresu
Posted on: Thu, 28 Feb 2019 - 05:44


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QUOTE
Do I have a case against this parking fine given it was a medical emergency?


There is no mitigation in law for trespass which is the core of these arguments.

QUOTE
Decide that and then the merits of your defence can be considered,


Since this will come down to a "contract" issue - if you did decide to accept one, then the pics of the site are key to it. Do you have pics?



If this is the location, then the "contract" is flawed and you do have a defence. Pics of the signs at the location on the day will sort virtually all defences.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1466027 · Replies: 26 · Views: 845

emanresu
Posted on: Tue, 26 Feb 2019 - 19:05


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QUOTE
Should I write a letter to the court / judge asking for a judgement of costs in my favour?


No a waste of time. But you could write to your local planning department to inform them of someone running car parking without planning permission and on someone else's land. You even have court statements to confirm the same.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1465585 · Replies: 25 · Views: 1,359

emanresu
Posted on: Sun, 24 Feb 2019 - 06:26


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QUOTE
and whether/when individual partners can be jointly liable for things.


That would be part of the partnership agreement which they don't have. So best check the wording of it/
  Forum: Private Parking Tickets & Clamping · Post Preview: #1464665 · Replies: 101 · Views: 6,269

emanresu
Posted on: Fri, 22 Feb 2019 - 14:41


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QUOTE
You are claiming, incredibly, that a Claimant can state, unequivocally, that their is NO CONTRACT yet this could be changed in court, without causing any issues for the claiamnt? Yeah, of course. Totally


@Chap is correct. What people think they are doing and say they are doing, and what [relevant] signs say will be tested by the examination of evidence by a judge. His view is the one that counts - unless it is tested by a higher court. We thought the same about Beavis.

IMHO the whole Byelaw/Contract thing is beyond all but the more determined PPC. But again in IMHO, VCS will be the one to do it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1464286 · Replies: 53 · Views: 2,217

emanresu
Posted on: Fri, 22 Feb 2019 - 08:37


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Have UKPPO actually tested the 'voidable' contract issue at all? Seems from #40 that UKPPO don't want to test their overt offer [avoiding a byelaws prosecution] so the issue is somewhat academic.

IMHO they will crack the byelaws issue at some point and I expect VCS to be the one to do it.

Have a look at Conway v George Wimpey & Co Ltd [1951] 2 KB 266 which Southpaw has flagged up before. Perhaps the choice of trespass, byelaw or contract just makes the issue not worth the bother for UKPPO.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1464168 · Replies: 53 · Views: 2,217

emanresu
Posted on: Tue, 19 Feb 2019 - 08:37


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This is High Point Village. Plenty of other threads about this location including the fact that drivers have no time to read any signs prior to PCM issuing a ticket. Expect them to ignore the "no keeper liability" point but continue with it anyway.

Come back when you get the next bit of paper and you'll get help.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1463134 · Replies: 31 · Views: 763

emanresu
Posted on: Tue, 19 Feb 2019 - 08:17


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QUOTE
Fast forward to today and my wife was most shocked when she did a credit check and found that there was a CCJ against her placed by the aforementioned County Court Business Centre in Northampton


Just off the wall suggestion here. Does you wife already have a poor credit record? Was there a reason to do the credit check?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1463132 · Replies: 7 · Views: 234

emanresu
Posted on: Sat, 16 Feb 2019 - 08:03


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QUOTE
...and we’d soon have a few companies popping up offering an RK service.


Didn't that happen in the early days of PPC's. All these companies appear to have gone. Wonder why. PCOJ perhaps?
  Forum: The Flame Pit · Post Preview: #1462611 · Replies: 19 · Views: 837

emanresu
Posted on: Thu, 14 Feb 2019 - 17:23


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I know this part of the world but have never met anyone omniscient enough to be able to differentiate an error in law without training or guidance. Apart from the odd Friday night though.

PS Suspect they are using tick-box software.
  Forum: The Flame Pit · Post Preview: #1462258 · Replies: 10 · Views: 541

emanresu
Posted on: Mon, 11 Feb 2019 - 14:26


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Perhaps the sale of the car parks may have something to do with this - and other Indigo cases.

https://www.transportxtra.com/publications/...g-subsidiaries/
  Forum: Private Parking Tickets & Clamping · Post Preview: #1460987 · Replies: 114 · Views: 16,257

emanresu
Posted on: Mon, 11 Feb 2019 - 07:00


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There is plenty of science behind sign design (See Semiotics and the tap example).

The penalties for deliberately misreading/ignoring the meaning of the signs is a behaviour shaping constraint/penalty. (See Poka Yoke if you don't have a manufacturing background)

When there is a surge of people penalised due to a failure in communication by signs there is no balancing behaviour shaping constraint on the LA - only the safety net of an adjudicator. That's after the LA have pocketed the money.

There has to be a balance in the system since it is clearly missing at the moment.
  Forum: The Flame Pit · Post Preview: #1460820 · Replies: 21 · Views: 1,055

emanresu
Posted on: Sun, 10 Feb 2019 - 15:42


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QUOTE
I suspect this is a large part of the problem. Where there's a complicated layout with a plethora of signs, particularly when it's unfamiliar, people prioritise looking for red prohibitive signs rather than blue signs that may or may not have anything to do with them. In a situation like that bus gate no entry signs with an exception plate for buses etc would likely have a much higher level of compliance.


There have been a number of bus lane signage "faults" such as York, Nottingham and Newcastle. It wouldn't be out of place to have some form of check/balance at LA's where if there are "x" times the number of tickets expected issued at a spot that enforcement is restricted until the signs are made clear, and unequivocal. However where money is involved, sense goes out the window,
  Forum: The Flame Pit · Post Preview: #1460659 · Replies: 21 · Views: 1,055

emanresu
Posted on: Sun, 10 Feb 2019 - 15:37


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QUOTE
Surely solicitors are the best people to defame as they are more likely to have a realistic idea of what is involved in suing for defamation.


Can't argue with that.

Suppose the same goes for almost all of the legal profession too. Hence Mr SRS's pop at judges who disagree with his "Statements of Truth".
  Forum: The Flame Pit · Post Preview: #1460657 · Replies: 15 · Views: 993

emanresu
Posted on: Fri, 8 Feb 2019 - 06:39


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Proven non-driving RKs getting demands/legal threats has already been tried by Civil Enforcement in Scotland where there is no Keeper Liability.

An RK who was about 70 and had never had a licence didn't want to put the car in someone else's name. He was a key witness in the fraud case Procurator Fiscal v Civil Enforcement. You would have thought such a solid example of a PPC attempting to use the law the other way i.e. to defraud RK's would have held water, but no.

So the chances of it applying in the other direction is simply fantasy.
  Forum: The Flame Pit · Post Preview: #1459938 · Replies: 21 · Views: 1,023

emanresu
Posted on: Mon, 4 Feb 2019 - 18:59


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I may have missed the mark here. Perhaps I should try a separate thread. This is more of an insurance/hedging comment - an area the UK excels at.

Whilst we may crash out (according to the Cambridge legal academic) we may not. The UK fishermen may be able to keep all their catch but may not if reciprocation is granted. UK farmers will not be excluded but may find the EU tariffs such that it is not economically worthwhile to try to sell there.

No-one can say what will happen but what steps have people taken to cope with the possible scenarios. Head-in-sand seems the overwhelming majority and good luck with that. Personally I have an EU passport and CHF - but that is my simple approach to the matter. I also think that Portuguese and Spanish property may become worthwhile when it is abandoned by UK residents leaving. But these are possibilities rather than probabilities.

There must be #Brexit positives if we all want to have it?
  Forum: The Flame Pit · Post Preview: #1458736 · Replies: 89 · Views: 6,910

emanresu
Posted on: Mon, 4 Feb 2019 - 08:14


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There is a Cambridge academic who reckons a hard/no-deal Brexit is nailed on simply due to political delays/incompetence. It's all down to the European Union (Withdrawal Agreement Implementation) Bill. To leave with a deal requires this bill to be passed before March 29th and the only problem is no-one has seen it yet for the simple reason - implement what?

Additionally, the Bill will require us to implement areas of law where the ECJ will be supreme (EU citizens rights) - something that certain politicians won't swallow. And with the clock ticking, we are well past the time to debate/enact it. Looks more and more like a political cock-up which can be traced back to David Davis.

So what might happen? Will the local fishermen here all of a sudden keep all their catch? Or the local farmers be denied access to Europe?

Hard Brexit tips please.
  Forum: The Flame Pit · Post Preview: #1458539 · Replies: 89 · Views: 6,910

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