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emanresu
Posted on: Thu, 2 May 2019 - 05:55


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QUOTE
but no harm in trying


There is but go ahead.

Have a read and see which one you are

https://www.judiciary.uk/about-the-judiciar...district-judge/
  Forum: Private Parking Tickets & Clamping · Post Preview: #1482071 · Replies: 47 · Views: 2,187

emanresu
Posted on: Wed, 1 May 2019 - 19:27


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SEPP are correct. It is ESCC as Highway Authority but they may bounce it back to SEPP. Keep going back to ESCC.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481998 · Replies: 53 · Views: 1,451

emanresu
Posted on: Wed, 1 May 2019 - 05:42


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The rather grovelling nature of the replies of the IPC and others is not due to their concern about you or the courts. Their concern is that someone with extremely deep pockets and a legal team may go after them. See if the LA will step up with their deep pockets and legal team.

Use an FOI to see what exchanges there have been with the LA about that location. Then make a decision.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481836 · Replies: 53 · Views: 1,451

emanresu
Posted on: Mon, 29 Apr 2019 - 05:48


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https://en.parkopedia.co.uk/parking/carpark...ng=201904290900

When the NCP WS arrives check for a details of the transaction time when the fee was paid. ANPR timing is not conclusive enough.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481249 · Replies: 34 · Views: 788

emanresu
Posted on: Sat, 27 Apr 2019 - 18:05


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QUOTE
VCS v Crutchley is a perverse judgment that says that, if the motorist doesn't know what the terms and conditions are, he should first leave his car outside the area and enter on foot to read them


Apart from not being binding, the comment was obiter. It turned on the facts.

At #9

QUOTE
Mr Crutchley lives nearby the business park. He had previously collected his son who worked in one of the units and was aware that he could not gain access to the car park provided for that unit.


QUOTE
Accordingly, by prior arrangement notifying his son that he was on his way, on the day in question, 3rd June 2015, Mr Crutchley stopped his vehicle in the roadway, allowing his son to leave the business premises where he worked, and to get into his father’s vehicle.


QUOTE
Unbeknown to him, at the same time a spotting vehicle, that is a van with cameras able to record registration numbers, was passing at the time


QUOTE
The distinction between stopping and parking was not material, if it was considered that the Claimant had a legitimate interest in preventing obstruction on the narrow access roads of this private business park when heavy goods vehicles, buses and other vehicles needed to proceed unimpeded, by imposing a charge to be paid in such circumstances


QUOTE
It is incumbent, in my judgment, on a person entering private property, when it is clear that a contractual licence is being provided, to understand the terms of such a licence


The driver knew not to stop but did so. The legitimate interest was to prevent those stopping from interrupting flow - the same as any red route.

But Crutchly doesn't apply in this case. Shoe Lane does.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1481020 · Replies: 34 · Views: 788

emanresu
Posted on: Fri, 26 Apr 2019 - 15:42


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QUOTE
I honestly do not remember.


Ask then and put it to them now that they should produce the information to narrow the issues within the overriding objectives of the court. Quote Shoe Lane at them and get proof of posting. It puts them on notice to put up or pay up if they are wrong. If they are right, then it will save you a wasted day.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480775 · Replies: 34 · Views: 788

emanresu
Posted on: Fri, 26 Apr 2019 - 14:35


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QUOTE
The CoP states a grace period must be offered to to read the T&C


QUOTE
By the time you paid, the night rate was in effect


There is a grace period to read the terms but the contract is formed on payment as shown by the printed ticket. The quote was from the CoA case Thornton v Shoe Lane Parking.

What did the printed ticket say about the time of payment?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480768 · Replies: 34 · Views: 788

emanresu
Posted on: Fri, 26 Apr 2019 - 14:31


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As an aside to your defence, I withdraw everything I said about trespass. Why the JR has gone down the contract route is a mystery.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480767 · Replies: 54 · Views: 1,662

emanresu
Posted on: Fri, 26 Apr 2019 - 14:22


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QUOTE
the purported contract between the PPC and the driver depends on an assumption/legal fiction that a driver parking a vehicle in a managed car park did or likely would have entered into a contract with a PPC


The agreement between the OP and the Landowner is missing from this argument. It would need to be examined for explicit agreement or implied. It would also need to be viewed in terms of a time limit. For example, was the agreement in perpetuity (which has legal effect) or was it a simple licence. Unless those details are clear, and pics of how the car was parked, we are only postulating.

OP needs to give far more detail than is currently been offered. Too many assumptions being made which could cost the OP in the long run.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480766 · Replies: 13 · Views: 403

emanresu
Posted on: Fri, 26 Apr 2019 - 06:50


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QUOTE
I parked over a white line at 06.30 in an empty retail park


They may argue that although you had a right to park, it was not a right to park over multiple spaces. You won't know the line of attack until 14 days before the hearing.

It could be winnable but you'd have to argue a) your right to park there and b) de minimis.

VCS have another line of attack which is that when they were appointed, they were given total charge of the space which negated any earlier arrangements but it is IMHO challengeable.

Perhaps you are one of their test cases. They do pick at things.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480650 · Replies: 13 · Views: 403

emanresu
Posted on: Thu, 25 Apr 2019 - 11:08


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QUOTE
Payment of £3.20 was made for a night-rate (between 6pm and 8am).
ANPR shows the vehicle entering at 17:54 and exiting at 20:46. Three hours of parking cost £3.60.


The signs at the payment machine are key as they show the explicit tariff at the point the contract was made.

So was the driver entitled by contract at the time of purchase to the night rate? If not, what was the correct payment for the time used.

QUOTE
The customer pays his money and gets a ticket. He cannot refuse it. He cannot get his money back. He may protest to the machine, even swear at it. But it will remain unmoved. He is committed beyond recall. He was committed at the very moment when he put his money into the machine.


Looks like an expensive and futile trip to the court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480483 · Replies: 34 · Views: 788

emanresu
Posted on: Wed, 24 Apr 2019 - 17:14


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QUOTE
Mcol has completely shafted me and said I never submitted any defence.


If this is a default CCJ, then you need to send an N244 form (with an explanation of what happened) to have a set-aside hearing. The judge will decide what to do and whether the set-aside fee (£255) would be returned to you.

Like all court processes, it is forms, timing and fees.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1480325 · Replies: 20 · Views: 717

emanresu
Posted on: Mon, 22 Apr 2019 - 13:16


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QUOTE
If you are issuing a "breach of contract" notice you surely need to breach a contract.


This is where you've taken a blind alley. It is not a contract. It is trespassing onto land not deemed or designed for the use to which it was put. Same as people wandering off a right of way, where they do have a right. All the driver had was permission to pass and repass on a road. Not stop there.

But enjoy your day.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1479805 · Replies: 54 · Views: 1,662

emanresu
Posted on: Mon, 22 Apr 2019 - 05:33


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I'd refer you to #2, #3 and #5 of this thread (http://forums.pepipoo.com/index.php?showtopic=126613&st=0&p=1470697&#entry1470697)

Landowners don't need to offer contracts for parking as they have an absolute right to invite or decline to invite people onto their land. Your postman has no absolute right to go down your path, but does have an implied right. It's a sort of understood day-to-day position.

Now when the average person goes to a hospital, the understood position is that they park in a car park. Parking on an access road which could impede others including ambulances, is not a day-to-day position. The Trust would be able to show clear justification for taking action, and the "didn't see the signs" will be no barrier to their case.

There may be a defence of not being the driver, but as the Aintree and Cardiff hospital staff found out, strange things happen in court - "stupid" lawyers are backed up by "stupid" judges.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1479760 · Replies: 54 · Views: 1,662

emanresu
Posted on: Sun, 21 Apr 2019 - 17:34


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This all hinges on an OP going into a court and hoping that there is a solid defence. There may be or they may not. The judge may be "biased" or they may not.

The issue is whether the time and effort in preventing a "miscarriage" is worth it. If the OP wins, fine. If the OP loses, then it will be another case for them to trot out at future cases as being "persuasive".

If there is one thing the courts are good at, it is finding for a landowner. There is a lot at stake in finding for a defendant in trespass cases.

In any event, it is the hassle factor that is the pay off for the hospital / trethowans. They can throw money at it. Can the OP?

Encouraging people to go to court is fine, if they have the money to risk. Not everyone has.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1479710 · Replies: 54 · Views: 1,662

emanresu
Posted on: Sun, 21 Apr 2019 - 13:21


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You are confusing "old school" trespass with the convoluted contract/ATA arguments the DfT brought in to stop PPC's hoovering up even more money.

Trethowans have been down this road (pun) many times with Aintree and won't have much difficulty. But it is up to the OP and their money/time. Court can be very unforgiving.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1479666 · Replies: 54 · Views: 1,662

emanresu
Posted on: Sun, 21 Apr 2019 - 07:49


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@notmeatloaf

Wouldn't go to court with this one. The Claimant has every right to instruct solicitors against trespassers. They'll win quite easily against technical arguments.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1479608 · Replies: 54 · Views: 1,662

emanresu
Posted on: Sun, 21 Apr 2019 - 05:26


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QUOTE
Why don't you ask the DVLA?


Closed at the moment, so wondered if someone here knew. But they'll be open on Tuesday

QUOTE
Normally they are for high readings, fail to provide and repeat offenders.


Don't know the whole background so wasn't sure if it was a routine check, or specific. Will assume it won't apply so thanks for that.
  Forum: The Flame Pit · Post Preview: #1479593 · Replies: 4 · Views: 524

emanresu
Posted on: Fri, 19 Apr 2019 - 08:23


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Family member banned for being in charge of car while over the limit. Now wants to renew licence after doing the time but there is a slight logistics problem in that they work outside the UK for the moment. So some quick questions

1. Will the DVLA accept a passport number for the photo or do they need a new photo

2. Can the renewal be paid for by card over the phone or does it have to be a cheque

3. There is a medical test which the DVLA will arrange but will the arrangement come by letter or can it be sent by email? If it goes by letter, it will turn up at an empty property as family member and family are not there.

I think the answers are

1. Yes they will accept the passport
2. They will only accept a cheque
3. It will come by letter and someone (!!) will have to go and get it.

Anything different from the above?
  Forum: The Flame Pit · Post Preview: #1479257 · Replies: 4 · Views: 524

emanresu
Posted on: Thu, 18 Apr 2019 - 04:45


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QUOTE
Always more tricky with housing associations as the contractual relationship is different from that of a more normal landlord/leasee.


Correct which is why I said ..

QUOTE
If it is a space that you have rights to, then get the clarfied now rather than later.


Getting your rights clarified does not mean asking on an internet forum. It means getting the paperwork in front of a qualified legal person with knowledge of property law. The PPC may have and there are indications that some of the PPCs are doing this. Others are just railroading drivers but you won't know which until you are facing a few claims.

With HA property there is no risk of the earlier comment about Charging Orders which only apply to owned property. So it will be endless harassment, attachment of earnings, or bailiffs if you are unlucky enough to collect a few of these and lose at court. If this is the case, it will be a N244, N245 and EX160 forms that are needed.

  Forum: The Flame Pit · Post Preview: #1479058 · Replies: 24 · Views: 884

emanresu
Posted on: Wed, 17 Apr 2019 - 18:50


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QUOTE
Who do they think they are to impose such restrictions?


AFAIK they are the owners of the road and can do what they can reasonably want. Insisting on permits is reasonable.

And since this is the Flame Pit, you should know that there are now quite a few people who have Charge Orders on their property for thinking that parking is "free". It has turned out to be an expensive life lesson in property law.

It would pay motorists to gen up on that as well as the Highway Code. The parking game has changed out of all recognition and not in a good way.
  Forum: The Flame Pit · Post Preview: #1479000 · Replies: 24 · Views: 884

emanresu
Posted on: Wed, 17 Apr 2019 - 05:35


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Who actually owns the area they are patrolling? If it is a space that you have rights to, then get the clarfied now rather than later.

If you have no prior rights, then it will up to the driver to take great care of what they do given that they should be aware of the signs if they live there.

PCM are aggressive but like all bullies they back down given sufficient application of pressure to sensitive parts.
  Forum: The Flame Pit · Post Preview: #1478822 · Replies: 24 · Views: 884

emanresu
Posted on: Mon, 1 Apr 2019 - 05:39


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QUOTE
How did they find this address and is it a breach of data protection?


Send them a Subject Access Request and find out. It is better than having people guess on whether they used a trace service or not.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1475035 · Replies: 1 · Views: 104

emanresu
Posted on: Wed, 20 Mar 2019 - 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: 3 · Views: 849

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: 2,301

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