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Smart Parking told to close illegal car park and refund moneys.
buttonpusher
post Fri, 6 Oct 2017 - 13:22
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http://forums.moneysavingexpert.com/showthread.php?t=5723002

http://www.thetelegraphandargus.co.uk/news...car_park_and_re fund_controversial_fines/

Could get interesting.Council seem to be very wimpish (is that a word?)
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post Fri, 6 Oct 2017 - 13:22
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The Rookie
post Sat, 7 Oct 2017 - 05:48
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Told smart they 'expect' them to refund......good luck with that, not least that Smart could claim them back from the council for leasing them something that they didn't actually provide - a legal to operate car park.

As for not parking as 'appeals could take months' ha, I wish I lived nearby, public highway, not relevant land simple POPLA kill.


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ManxRed
post Sun, 8 Oct 2017 - 12:15
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And no 'reasonable cause' to obtain RK details from the DVLA?

Is that a whiff of a few DPA claims going in?

PS - The usual ignoramous comments at the bottom of the article.

This post has been edited by ManxRed: Sun, 8 Oct 2017 - 12:25


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The Rookie
post Mon, 9 Oct 2017 - 04:25
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I would say they did have reasonable cause, they had a reasonably held belief they could use it as a car park based on its previous use. The law doesn't require them to jump through every hoop for that to be reasonable. The situation once they were informed of course is very different!


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buttonpusher
post Tue, 10 Oct 2017 - 18:43
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As the council were responsible for incorrectly letting the parking out to Smart, would they be responsible for the refund to the parkers?
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bama
post Tue, 10 Oct 2017 - 20:35
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if Smart were their Agent and Smart was doing as instructed by the Council then I think yes the council should be on the hook for the refunds.


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Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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The Rookie
post Wed, 11 Oct 2017 - 15:23
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I don't read it like that, I read that the council leased it to smart.


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bama
post Wed, 11 Oct 2017 - 19:22
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err, thats the press...
the actual relationship/deal is yet to be ascertained.
(And if leased what does the lease say exactly...)


--------------------
Which facts in any situation or problem are “essential” and what makes them “essential”? If the “essential” facts are said to depend on the principles involved, then the whole business, all too obviously, goes right around in a circle. In the light of one principle or set of principles, one bunch of facts will be the “essential” ones; in the light of another principle or set of principles, a different bunch of facts will be “essential.” In order to settle on the right facts you first have to pick your principles, although the whole point of finding the facts was to indicate which principles apply.

Note that I am not legally qualified and any and all statements made are "Reserved". Liability for application lies with the reader.
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