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emanresu
Posted on: Sun, 6 Jan 2019 - 18:49


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QUOTE
As an example our club beginners rides average 15mph as that has proven to be fine for people just getting into (or back into) cycling, unless you’ve tried it or are very unfit (I did say didn’t have to be that fit...) perhaps you should try it before calling me out?


Just for personal information and not part of the thread, what cadence is that? I think I may have the wrong gearing.....
  Forum: The Flame Pit · Post Preview: #1448159 · Replies: 49 · Views: 2,233

emanresu
Posted on: Sun, 6 Jan 2019 - 09:17


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From the transcript of Day 3 as argued by the Beavis side itself.

QUOTE
MR DE WAAL: My Lord, we would say the promise to leave is adequate consideration.
  Forum: The Flame Pit · Post Preview: #1448044 · Replies: 22 · Views: 707

emanresu
Posted on: Sun, 6 Jan 2019 - 06:34


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Copy of the Kettel case below.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1448031 · Replies: 63 · Views: 3,512

emanresu
Posted on: Fri, 4 Jan 2019 - 08:31


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About that Santler Malvernia.... wonder if it has been clocked.

Estimated mileage here

https://cazana.com/uk/car/AB171
  Forum: Government Policy · Post Preview: #1447363 · Replies: 10 · Views: 789

emanresu
Posted on: Wed, 2 Jan 2019 - 07:00


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QUOTE
The judge reluctantly ruled that PCM was entitled to process the information if it believed the payment was owed


Sauce for the goose etc ....

The issue is that they are entitled (as is the OP) to press a reasonably held belief to court using the small claims court costs protection. More should do it.

From personal experience, PCM will fold if you add in their client under "vicarious liability" to the claim - again using the principle of a reasonably held belief.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1446761 · Replies: 22 · Views: 553

emanresu
Posted on: Sat, 22 Dec 2018 - 14:49


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QUOTE
Good advice for people in that position, Emanresu


Not quite as it is unclear what I was trying to say.

You still need to defend even IF there is no way to pay. The 6 years doesn't apply to a CCJ as it will have been decided by the court. The provision of your financial data is to persuade them it is not worth continuing but if they do, you still have to defend. Stupidity and vindictiveness is still rife in this industry.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1444912 · Replies: 94 · Views: 4,493

emanresu
Posted on: Fri, 21 Dec 2018 - 16:32


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QUOTE
Do I have to fill in and return this "financial statement" that they sent me with the LBC?


There are two arguments to this one. The first is that it is none of their business and they can swivel - the usual view.

From a practical view based on debt charity's advice, you could choose to give that information IF you are on benefits, are massively in debt or have a DRO/IVA. There is a difference between won't pay (as they have no justification) and can't pay as the "debt" would never be paid within 6 years anyway as any amount would be unsecured.

Just bear in mind that modern debt collection practices include checking the target's ability to pay so if they are targeting you, they think you have cash or assets.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1444735 · Replies: 94 · Views: 4,493

emanresu
Posted on: Sat, 15 Dec 2018 - 07:52


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Lik KH_ I've the See Sense Icon+ lights. The "theft" feature is really a built-in motion sensor and the feature can also send an emergency text through your mobile if you are hit. Useful if you are getting knocked off as frequently as you say wink.gif

I thought they were expensive until I saw these. Perhaps a word to Santa.

MonkeyLectric MonkeyLight Pro

There may be this option coming up too but as it is a Kickstarter funded one, it may never see the light of day [pun]

Pix Backpack for cyclists
  Forum: The Flame Pit · Post Preview: #1442653 · Replies: 60 · Views: 2,477

emanresu
Posted on: Tue, 11 Dec 2018 - 16:04


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This thread has gone away from my original question which was the issue of Brexit on ex-pat property in the EU. The comments about ending free movement of EU nationals after March 2019 is (or should have been) reciprocal. Unless an ex-pat has "settled status" or have a work visa, they are restricted to 90 days. The same as in the UK.

Additionally in the UK if you have "settled status" and leave the UK for more than 2 years you lose that right - which may be the same in the EU. May has given a gift away by saying that EU nationals already here can stay which resulted in some amusement for the Polish Prime Minister when it was announced as it is not reciprocal.

So what are ex-pats planning to do given they may only have 90 days or if they have settled status, they could lose it.
  Forum: The Flame Pit · Post Preview: #1441459 · Replies: 74 · Views: 3,347

emanresu
Posted on: Mon, 10 Dec 2018 - 10:32


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Government and partners are looking at how TRO's can become digital. See here if you need to comment

https://www.geoplace.co.uk/trodiscovery

If they were digital, hoovering up the motorists' cash becomes more effective (a.k.a. profitable).
  Forum: Government Policy · Post Preview: #1440993 · Replies: 10 · Views: 789

emanresu
Posted on: Mon, 3 Dec 2018 - 18:21


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Since Ireland is in the Common Travel area, then no visa required. However it is not clear what reciprocal arrangements will be in place after 2020. In any case without a legal binding arrangement, politicians promises are "aspirations" and not a contractual promise. Which is why politicians are never sued for breaking them.

Still wondering how much cheap property will be coming onto the market through distressed sales. Spain and France are the obvious ones but Italy may be a worthwhile punt - assuming they don't leave (or be thrown out) the EU.
  Forum: The Flame Pit · Post Preview: #1439238 · Replies: 74 · Views: 3,347

emanresu
Posted on: Sun, 2 Dec 2018 - 14:06


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I know we are all sick of it but it has posed an interesting dilemma for my holiday booking over the next few years.

There are a few people I know who have property in France/Spain and are considering selling up and moving back. Part of the reason is the uncertainty over free movement. At present if you want to travel in a Schengen area you have to have a visa (something that should apply to the UK after transition) but the visa is only for 90 days. OK if you just want short holidays but impossible to use if you want to stay longer.

There is the possibility of some cheap overseas property coming onto the market (a benefit) but a restriction on using it (consequence)

Any ex-pats out there?
  Forum: The Flame Pit · Post Preview: #1438940 · Replies: 74 · Views: 3,347

emanresu
Posted on: Thu, 8 Nov 2018 - 12:17


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Why does it say "To whom this may concern". Is there not a specific name in the address?

Trying checking with the DVLA to see if UKCPM have accessed the keeper's details? Looks like the pic was taken by a neighbour on a commission. Pretty poor pics.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1432194 · Replies: 33 · Views: 1,070

emanresu
Posted on: Wed, 7 Nov 2018 - 08:22


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QUOTE
SIP asked for travel costs of £243 as they had driven from Manchester.


Charmless weren't they. And a bit of a blow as there wasn't much in it. It's the DJ lottery.

Who attended for them. Did you get a name?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1431836 · Replies: 25 · Views: 914

emanresu
Posted on: Wed, 7 Nov 2018 - 08:17


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QUOTE
I lost in court today to another parking company.
I feel the system is stacked against me as a black woman. ( I was warned about this, but I was so disgusted at the injustice of my ticket, that I sought to right a wrong) My mum is ill, we are in the middle of major building works and i really don't have the capacity to fight this at this time. How do I withdraw at the lowest cost. I have had to borrow the money to pay for todays loss £220.


Which court was this? If you feel you have been disadvantaged then you can actually take up the issue with the appropriate body.

https://www.gov.uk/complain-judge-magistrat...ribunal-coroner

It would be advisable to get a full transcript of the proceedings (may cost a bit but you can get an estimated cost first). You can then go through the text to see if there was an issue with their behaviour, language or conduct. You can't re-run the case though unless you appeal on fact or law. Courts are intended to be unequivocally fair to all irrespective of background and if they are not, you need to flag it up.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1431835 · Replies: 15 · Views: 828

emanresu
Posted on: Mon, 5 Nov 2018 - 16:14


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QUOTE
Do you have the name of the street as there is an online map of parking in Brugge which may help if you wish to identify the restriction?


You know a lot about Brugge. Do you happen to be able to recommend a good restaurant there?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1431334 · Replies: 6 · Views: 307

emanresu
Posted on: Sun, 4 Nov 2018 - 16:21


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QUOTE
Despite having been asked, they still have not given any proof of contract.


You'll have to take it that if Teign replied, they have acknowledged the existence of one.

QUOTE
I was the keeper not the driver.


The judge will make two decisions. Did the driver breach a contract and the second decision is whether the liability can be transferred. It is as simple as that.

If you have evidence of being elsewhere on the day then it becomes one of the paperwork and whether it meets the provisions of POFA 2012. You don't want the judge to make the finding of fact that you were the driver. He/she is entitled to in the absence of proof. All the other stuff just detracts from what is a simple issue of

a) were the signs visible
b) can the liability be transferred.

If this goes to a hearing, you'll have 5 minutes to convince a judge that either the signs were not visible or the liability cannot be transferred.

I'd focus all your efforts on that.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1430959 · Replies: 90 · Views: 3,962

emanresu
Posted on: Sun, 4 Nov 2018 - 08:38


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This case is all over the place and should be an example of how not to conduct one. It will all turn on this pic to demonstrate whether or not the restrictions were clear enough for a driver to know to check the signs. I say they were but it will be up to a judge. This pic or similar should be the basis of any factual argument.



All this having a go at the Claimant, or the landowner or everyone not connected with the underling contract is just a waste of paper. This is is a 30 second decision by a judge on the visibility of the signs. The decision will be based on the evidence in front of them - as long as the correct evidence is put in front of him/her.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1430868 · Replies: 90 · Views: 3,962

emanresu
Posted on: Thu, 18 Oct 2018 - 13:57


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QUOTE
Could someone tell me what are the reasons for this?


Paranoia.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426347 · Replies: 18 · Views: 804

emanresu
Posted on: Thu, 18 Oct 2018 - 13:20


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Raise the issue with the council and then take it all the way to the Local Government Ombudsman. You likely can use "Wednesbury unreasonableness" for the issue and for the way in which they manage the space too.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426330 · Replies: 7 · Views: 212

emanresu
Posted on: Thu, 18 Oct 2018 - 04:18


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Wonder if this will work. Find out who hired the PPC (Teign Housing) and see if they will cancel after explaining the situation? And doing it nicely.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426242 · Replies: 90 · Views: 3,962

emanresu
Posted on: Wed, 17 Oct 2018 - 09:07


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Land ownership link here. You can add it to any defence.

https://docdro.id/mobZQn9

You can plot where the car was parked in relation to the library's demised plot.

You'll likely find that the surrounding properties (as indicated by Planning Applications) are social housing run by Teign Housing. Not the council at all.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1426010 · Replies: 90 · Views: 3,962

emanresu
Posted on: Tue, 16 Oct 2018 - 18:28


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Knock yourself out Coupon but according to Devon CC, the library only had one space.

https://forums.moneysavingexpert.com/showth...3&page=4#77

I cannot think of an EA duty by a Residents Association to make reasonable adjustment for trespassers.


  Forum: Private Parking Tickets & Clamping · Post Preview: #1425866 · Replies: 90 · Views: 3,962

emanresu
Posted on: Tue, 16 Oct 2018 - 15:57


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Have you contacted Napier and explained the issue. Have you asked them to cancel as you had no intent to deprive them of the income. The contract was "frustrated" because of the failure of their payment system.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425824 · Replies: 18 · Views: 804

emanresu
Posted on: Tue, 16 Oct 2018 - 15:49


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I think after all this posting over 2 sites we can narrow this down to fight or flight.

It can either be defended on the signs or you can go for an honourable defeat. A suggested letter

QUOTE
Dear PPC

I wish to apologise for the tone of my previous letters and can see from further investigation, the driver was inadvertently mistaken. The driver had assumed that the parking spaces were for the library and now understand they were not. The signs on site were not sufficiently clear to convey the penalty to parking in what I presume to be a resident's bay. Indeed if I were a resident, I too would be upset about people using my space.

So as not to waste everyone's time and the court's time, I wish to offer the face value of the ticket £100 in full and final settlement. Please confirm by return with a Notice of Discontinuance.

Yours etc.

PS Apologies for calling you scumbags.


If they refuse, at least it will go some way to explaining the Equality Act rant and all the other irrelevant bits.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425822 · Replies: 90 · Views: 3,962

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