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emanresu
Posted on: Today, 03:00


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Interesting contract. The "enforcement" is "No Stopping"
  Forum: Private Parking Tickets & Clamping · Post Preview: #1399589 · Replies: 90 · Views: 5,018

emanresu
Posted on: Yesterday, 04:52


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This is a letter before claim and you should start replying now by asking them for information and pics of the car/signs their client claims to be there. Get proof of posting.

Also what is the full name of the parking company?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1399302 · Replies: 11 · Views: 210

emanresu
Posted on: Sun, 15 Jul 2018 - 06:50


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This should really be in the Flame Pit and the mods may move it there but could someone explain something

If there has been some form of defamation, how does that affect someone whose identity is hidden behind a name handle. For example, is the alternative name one well known outside of this forum and can readily be identified.

Secondly since defamation is a tort, there has to be some form of loss or injury. What "loss" has been incurred and what "injury". With regards to the latter (and I may be wrong) it has to be backed by some form of medical evidence.

Personally see this as "handbags" and may be guilty of defamation to both parties though it is denied, but it would be useful to get to the legal bottom of this.

Edit: When researching the question above, came across this "Someone who already had a terrible reputation most likely won't collect much in a defamation suit". Not necessarily relevant here but may be relevant elsewhere wink.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1399122 · Replies: 87 · Views: 8,049

emanresu
Posted on: Sat, 14 Jul 2018 - 07:11


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Not really interested in the handbags stuff but this intrigues me

QUOTE
To stop your kind of actions another forum will be set up shortly manned by professionals who will give impartial professional advice on a one to one basis.
Something good will come as a result of your deceit.


Are these professionals, people who already have a 1-to-1 site ongoing at the moment?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1398848 · Replies: 87 · Views: 8,049

emanresu
Posted on: Fri, 13 Jul 2018 - 05:26


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Lets see the Letter of Authority / Contract they say they have.

The signs will be their view of what might have been there in the locations they guess they have put them. Attack all of that.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1398516 · Replies: 90 · Views: 5,018

emanresu
Posted on: Fri, 13 Jul 2018 - 05:23


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From: Parking Support Groups
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QUOTE
Cannot imagine what possessed the Hospital Trust to employ them


They didn't. UKCPM are hired by Compass and if you go to the parking section of the Trust's website there is an email address for you to contact to get these cancelled.

http://www.northmid.nhs.uk/Contact-Us/Car-...at-the-Hospital
  Forum: Private Parking Tickets & Clamping · Post Preview: #1398515 · Replies: 3 · Views: 78

emanresu
Posted on: Thu, 12 Jul 2018 - 21:10


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That part of Newcastle has been heavily changed over the years since 2012 - which you will most likely know. Suggest you use Google's Street View and it's time line feature to see what might have changed.

They've dropped out of cases for this car park at the last moment before. No guarantees but suspect the uncertainties in the contract and the pics will be in your favour.

Send them your own list of costs that you'll be claiming.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1398471 · Replies: 79 · Views: 5,842

emanresu
Posted on: Thu, 12 Jul 2018 - 16:29


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QUOTE
Exactly. A P/E ratio of 8 was par for the course about 20 years ago, but that's risen as interest rates on cash deposits have fallen


Whilst the link between price and earning and underlying interest rates was in vogue 20 years ago, you are dealing with a changed financial landscape. Macquarrie will be looking at IRR of about 30+% or a doubling in the sales price within 3 years. Capita's exit price is eye watering considering they [apparently] really haven't grown underlying profits in their tenure.

So whoever sold the idea to MML/Macquarie which is likely to be the incumbent managemetn have an eye (no pun intended) on significant structural change in the market. I'm guessing that Greg Knights bill is seen as a positive rather than a negative for them. A sort of ParkingEye trojan.
  Forum: News / Press Articles · Post Preview: #1398376 · Replies: 12 · Views: 131

emanresu
Posted on: Thu, 12 Jul 2018 - 13:40


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QUOTE
P/E is fairly normal for a mature company in the UK but, in my view, is optimistic about future profits


I'll have to disagree with you on that one - though I wish it was.
  Forum: News / Press Articles · Post Preview: #1398294 · Replies: 12 · Views: 131

emanresu
Posted on: Thu, 12 Jul 2018 - 13:14


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Something odd about that deal given the P/E ratio and the underlying assets. Offset somewhere else?
  Forum: News / Press Articles · Post Preview: #1398278 · Replies: 12 · Views: 131

emanresu
Posted on: Thu, 12 Jul 2018 - 12:12


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You might want to edit your comments as there may be an appeal. Especially since you have identified your case.

In fact you might want to remove them for 21 days
  Forum: Private Parking Tickets & Clamping · Post Preview: #1398233 · Replies: 276 · Views: 15,408

emanresu
Posted on: Thu, 12 Jul 2018 - 09:45


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QUOTE
£659 costs!!!!! Will update later. Just on my way back now.

Thank you thank you thank you everyone! How do I donate?


You'll need to wait 21 days in case they decide to appeal the decision. So put the champers in a large bucket of ice - 22 days worth
  Forum: Private Parking Tickets & Clamping · Post Preview: #1398158 · Replies: 276 · Views: 15,408

emanresu
Posted on: Thu, 12 Jul 2018 - 08:39


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You'll need to direct the judge to the Civil Procedure Rules - Part 38

QUOTE
When discontinuance takes effect where permission of the court is not needed
38.5

(1) Discontinuance against any defendant takes effect on the date when notice of discontinuance is served on him under rule 38.3(1).

(2) Subject to rule 38.4, the proceedings are brought to an end as against him on that date.

(3) However, this does not affect proceedings to deal with any question of costs.

Back to top

Liability for costs
38.6

(1) Unless the court orders otherwise, a claimant who discontinues is liable for the costs which a defendant against whom the claimant discontinues incurred on or before the date on which notice of discontinuance was served on the defendant.

(2) If proceedings are only partly discontinued –

(a) the claimant is liable under paragraph (1) for costs relating only to the part of the proceedings which he is discontinuing; and

(b) unless the court orders otherwise, the costs which the claimant is liable to pay must not be assessed until the conclusion of the rest of the proceedings.

(3) This rule does not apply to claims allocated to the small claims track.

(Rule 44.9 provides for the basis of assessment where the right to costs arises on discontinuance and contains provisions about when a costs order is deemed to have been made and applying for an order under section 194(3) of the Legal Services Act 2007)



Though 38.6 (3) is key here, you should suggest that taking people up to wire is an abuse of process and is unreasonable in itself. The court has had £50 out of this (£25 hearing and £25 filing) but you've been left with the cost of taking time off work / holiday as you could not be certain the case HAD been discontinued against you.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1398126 · Replies: 276 · Views: 15,408

emanresu
Posted on: Wed, 11 Jul 2018 - 15:21


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QUOTE
Turn up as planned.

Read up on CPR 27.14(g) - here.

Have a costs schedule to hand.


Some sandwiches and a flask too. A couple of novels and a crossword book.

There is usually a long wait for these odd cases.

And ... nearly forgot, the dated Notice of Discontinuance.

The usher may tell you to home as the paperwork may have caught up with him/her but politely ask for 5 minutes with the judge to discuss the unreasonable behaviour (copy of NoD to usher for the judge)

If there is a rep from Gladstones at the last minute (as they read these threads) then copy of NoD to them and ask if they want to be embarrassed by the judge or go home. Then politely ask for 5 minutes with the judge to discuss the unreasonable behaviour (copy of NoD to usher for the judge).

Enjoy

  Forum: Private Parking Tickets & Clamping · Post Preview: #1397992 · Replies: 276 · Views: 15,408

emanresu
Posted on: Wed, 11 Jul 2018 - 15:16


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QUOTE
could be DVLA


Won't be. They are simply a Registrar. The access is controlled by their ATA (honest!). So it may be the PPC and the ATA that are in the frame.

If the ICO decides the ATA is at fault too, the SoS won't be pleased as he appointed them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397990 · Replies: 26 · Views: 662

emanresu
Posted on: Wed, 11 Jul 2018 - 08:29


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QUOTE
Is GDPR retrospective?


No. Currently where personal data is being used from pre 25th May, all permissions have to be renewed. They also have to be reviewed to ensure the information being held is proportionate to the issue at hand. The so-called "granularity" of GDPR.

But you might use the "granularity" argument as to the continued processing of personal data.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397832 · Replies: 26 · Views: 662

emanresu
Posted on: Wed, 11 Jul 2018 - 08:22


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Joined: 24 Aug 2007
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QUOTE
in my favour once


in my favour on an indemnity basis, once .... After all, having made a claim for your costs which could have been avoided at a much earlier stage, it is reasonable to assume you should now pay mine for your change of heart.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397826 · Replies: 276 · Views: 15,408

emanresu
Posted on: Wed, 11 Jul 2018 - 06:09


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Joined: 24 Aug 2007
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QUOTE
Res Judicata applies to the same issues where nothing has changed.


I'm going to go with henrik777 on this one as I have had one well-meaning individual smacking their fumes together on this subject. I didn't want to disagree as he was a DJ.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397792 · Replies: 364 · Views: 29,236

emanresu
Posted on: Tue, 10 Jul 2018 - 16:55


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I forecast a no-show
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397598 · Replies: 276 · Views: 15,408

emanresu
Posted on: Tue, 10 Jul 2018 - 16:47


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There is a new version of the KADOE contract (May 2018) which says

QUOTE
“Debt Assignment” means when debt and Data related to an unpaid Parking Charge is assigned or sold to a third party debt collector who becomes the legal owner of such debt. For the avoidance of doubt, the disclosure of Data to third parties as part of a debt assignment agreement is not permitted.


Perhaps they are doing this under the old contract but there is still the issue of whether it is a breach of the DPA which only the ICO can rule on. DVLA can only rule on contractual issues and this falls outside the contract at the time.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397588 · Replies: 26 · Views: 662

emanresu
Posted on: Tue, 10 Jul 2018 - 16:44


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Could the mods delete this post.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397583 · Replies: 2 · Views: 86

emanresu
Posted on: Tue, 10 Jul 2018 - 16:41


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It's because you are Canadian

wink.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397580 · Replies: 3 · Views: 168

emanresu
Posted on: Tue, 10 Jul 2018 - 12:36


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While Thornton is the relevant case for P&D, I suppose I was hinting at a Beavis type contract between parking and paying. The parking is the intent so there is a presumption of providing consideration in the future (VCS v HMRC). When the consideration doesn't materialise within the time specified or implied, then there is a breach / or damages.

Moot for the OP though if he doesn't want to test it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397477 · Replies: 37 · Views: 621

emanresu
Posted on: Tue, 10 Jul 2018 - 05:39


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It would appear the parking charge was issued at 20:11 for a car that was there from 20:03 (or earlier). What was the time on the P&D ticket. When was it purchased?

There is a case that supports UKPL on the issue of "going for change" but the signs you've shown are vague so it may not apply.

As soon as the car comes to rest in a P&D car space, the contract is formed. There is an implied grace period to allow the driver to go to the machine and back which typically on council car parks is 5 minutes. They've allowed 8.

So how long after that 8 minutes was the ticket purchased?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397331 · Replies: 37 · Views: 621

emanresu
Posted on: Mon, 9 Jul 2018 - 18:55


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Point X is not on the road and appears to have different signs to the one on the road. The one advising not to stop on the road is hard to miss, which is why I assume you went to point X.

You'll need a pic of those signs.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1397253 · Replies: 5 · Views: 267

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