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emanresu
Posted on: Yesterday, 14:57


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Edited: Off to get some specs.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1360669 · Replies: 5 · Views: 61

emanresu
Posted on: Wed, 21 Feb 2018 - 10:43


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Were you on road or off road as it looks like the highway. If you were on road, check with the council that the part you parked on was highway and not private.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1360167 · Replies: 6 · Views: 105

emanresu
Posted on: Mon, 19 Feb 2018 - 01:45


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QUOTE
IF the dvla knew that the likes of northwest WAS selling tickets to MIL and DVLA continued to allow kadoe access and those details were then sold on then arguably DVLA was not looking after data and they are worried. The fines could be very large.


Northwest (Parking Enforcement) have applied for voluntary liquidation.

Northwest (Parking Management) the other company is still live.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1359293 · Replies: 118 · Views: 10,799

emanresu
Posted on: Fri, 16 Feb 2018 - 18:25


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QUOTE
you fight this right upto the court steps , then ,,,,,,,,,,,,,


What
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358652 · Replies: 478 · Views: 18,753

emanresu
Posted on: Fri, 16 Feb 2018 - 17:57


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All very well but

a) you are up against some sharp legal minds - the judges
b) they have full control over what they can legally use - and criminal in a civil track can be dismissed
c) you challenge at every stage and if you want to challenge on RTA/Byelaws, it is track.

I'm off.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358639 · Replies: 478 · Views: 18,753

emanresu
Posted on: Fri, 16 Feb 2018 - 17:42


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Could I refer you to the earlier comments about challenging the track.

Whilst byelaws and RTA are all relevant - they are irrelevant in a Civil track. For example, I may want to use the Elliot v Loake argument whose track was criminal but often a judge in a civil track will throw it out.

You can of course run criminal arguments in civil tracks but I thought this was about winning rather than playing the numbers.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1358633 · Replies: 478 · Views: 18,753

emanresu
Posted on: Wed, 14 Feb 2018 - 17:59


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QUOTE
provided the activity in question does not amount to a public or private nuisance and does not obstruct the highway


Read VCS v Crutchley and look for "mischief" a.k.a.nuisance and "obstruct". Paras 4 and 29. You'll have to get up a bit earlier to dissuade a circuit judge with a mission.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1357859 · Replies: 478 · Views: 18,753

emanresu
Posted on: Wed, 14 Feb 2018 - 08:36


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QUOTE
I've had advice from the facebook Fight Your Private Parking Invoice


QUOTE
right , so no help from the BMPA


You're not having much luck if both sites have walked away.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1357617 · Replies: 478 · Views: 18,753

emanresu
Posted on: Mon, 12 Feb 2018 - 16:10


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QUOTE
Wel it isnt jurisdictional at that point - it is a matter of fact whether the land is relevant land or not.


I'll step aside then. Perhaps you'll aid the OP with this one.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356939 · Replies: 478 · Views: 18,753

emanresu
Posted on: Mon, 12 Feb 2018 - 15:43


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QUOTE
You are told, repeartedly, that you have to *apply* to contest jurisdiction.


I see your point now. Brings up a number of issues such as

* if the jurisdiction is not challenged then the court need not consider it.

* if the question of "relevant land" is raised, the Claimant may indicate that this is a jurisdictional issue and as such if not challenged earlier, the court need not consider it.

* Has POFA been badly drafted?

* Will those arguing Byelaws now switch to contract as it is easier(?) to get into court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356924 · Replies: 478 · Views: 18,753

emanresu
Posted on: Mon, 12 Feb 2018 - 14:43


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QUOTE
"(4) An application under this rule must –"

Applications cost £100 unless they have another fee. (£255 if a hearing is needed)


Are we reading the same page?

https://www.justice.gov.uk/courts/procedure...il/rules/part11

Do you have a link to your (4)?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356906 · Replies: 478 · Views: 18,753

emanresu
Posted on: Mon, 12 Feb 2018 - 14:21


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Cant see the need for a £100 to change prior to allocation. Perhaps after allocation but it hasn't been allocated to track yet.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356897 · Replies: 478 · Views: 18,753

emanresu
Posted on: Mon, 12 Feb 2018 - 12:47


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In looking at the link which is incorrect (https://www.justice.gov.uk/courts/procedure...il/rules/part11) the relevant parts are

QUOTE
(3) A defendant who files an acknowledgment of service does not, by doing so, lose any right that he may have to dispute the court’s jurisdiction.

(4) An application under this rule must –

(a) be made within 14 days after filing an acknowledgment of service; and

(b) be supported by evidence.

(5) If the defendant –

(a) files an acknowledgment of service; and

(b) does not make such an application within the period specified in paragraph (4),

he is to be treated as having accepted that the court has jurisdiction to try the claim.


So it seems clear that if the defence goes in and there is no challenge to the jurisdiction then the byelaws argument need not be considered. Not that it is not relevant, just that the judge need not consider it.

AFAIR There was an earlier VCS case for a rail station where byelaws were argued in the County court and the OP was told that boat had sailed - though I can't find the case now.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356837 · Replies: 478 · Views: 18,753

emanresu
Posted on: Sat, 10 Feb 2018 - 15:50


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QUOTE
It’s judged to an objective standard. Just because the OP may not have intended it doesn’t mean he didn’t.


Yes and the comment that "he chose" would suggest he might have inadvertently. The words used are critical to express what actually happened rather than some lazy attempt at some sort of excuse/mitigation e.g. "to avoid disruption".

The OP needs to defend himself and not excuse himself as the excuse can be turned by the other side into a confession.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356317 · Replies: 64 · Views: 1,958

emanresu
Posted on: Sat, 10 Feb 2018 - 08:58


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This is the Directions Questionnaire stage so the N180 gets completed, sent to the court and the other side. It's used for scheduling dates and if you don't tell the court when you are available / not available, they'll just throw your defence out and award it to the other side.

How to complete

QUOTE
A1 = Say NO to mediation. Mediation is run by a commercial company on behalf of the courts and their success is measured by how many cases are kept out of court. They are not interested in the merits of the case, only whether you will pay or not. So say No.

B = fill in all the details, your name, your address, etc. This is the address that all the paperwork will be sent to. If you are moving home within 6 months make sure you have mail redirection in place. You will get a default CCJ if the paperwork doesn't get to you as the Courts see it as your responsibility to give a correct address.

C1 = YES to small claims track

D1 = name of your local County Court – unless you are a Limited company, the case files will be transferred there. They will ask for theirs but protocol dictates it is your court.

D2 = NO to expert evidence

D3 = 1 witness (or more if you are going to get another person to provide a statement)

D4 = Put down the dates of any pre-booked holidays, NO to interpreter (unless you need one)

You send a copy to the courts and another copy to the Claimant company. Keep a copy for yourself. There is a long delay (20+ weeks) between this form and an actual day in court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356155 · Replies: 150 · Views: 6,261

emanresu
Posted on: Sat, 10 Feb 2018 - 08:55


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See https://www.actionfraud.police.uk/
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356154 · Replies: 198 · Views: 13,867

emanresu
Posted on: Sat, 10 Feb 2018 - 08:54


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In #2 add the following comment. "There was no intent to create legal relations nor were any conducted."

You can't trip up into a contract, you have to have some reason or intent. With that in mind you might want to consider the phrase "the driver chose ....." and reword it to had no choice but ... or similar.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1356153 · Replies: 64 · Views: 1,958

emanresu
Posted on: Thu, 8 Feb 2018 - 14:58


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QUOTE
Obviously somebody has sent the pco there or requested him.


A self-ticketer / commission agent / busybody on the site that hasn't a clue and UKCPM don't give a monkey's about.

Suggest you send an email to the DVLA and ask them the question that if the authority has been withdrawn how is this company entitled to issue tickets. Ask that it be investigated IF they have got your details from them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1355564 · Replies: 198 · Views: 13,867

emanresu
Posted on: Thu, 8 Feb 2018 - 07:44


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CODE
but if email is an option I'll do that instead. Can't see an Email address though...


You want this page for email addresses

https://courttribunalfinder.service.gov.uk/...ess-centre-ccbc

Use the one for Claim responses & directions:
  Forum: Private Parking Tickets & Clamping · Post Preview: #1355367 · Replies: 64 · Views: 1,958

emanresu
Posted on: Tue, 6 Feb 2018 - 16:55


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Everything you need to know about ZZPS can be found in the background to this case. https://www.fca.org.uk/news/statements/fca-...and-hfo-capital

QUOTE
The determination has now been quashed without any finding by the First-tier Tribunal on the issue of fitness and propriety but without any acceptance by the FCA that the Appellants are fit and proper persons.


The issue was certain people making misleading statements about debtors and their legal rights. Deju vu
  Forum: Private Parking Tickets & Clamping · Post Preview: #1354772 · Replies: 41 · Views: 1,253

emanresu
Posted on: Mon, 5 Feb 2018 - 18:04


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I'd just ignore them and you'll get your help from here. Better to have many eyes than just a few.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1354413 · Replies: 478 · Views: 18,753

emanresu
Posted on: Mon, 5 Feb 2018 - 15:57


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QUOTE
But what's the consideration from VCS? Unlike PE in Beavis they are not offering permission to stop. Or looking at this the other way round if it is claimed that the driver is making the offer by driving past, what is the consideration VCS are giving in accepting?


Excellent point. The consideration they could argue is "access" and you need to follow the rules if you want access - but there is an implied right of way a.k.a access.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1354332 · Replies: 478 · Views: 18,753

emanresu
Posted on: Sat, 3 Feb 2018 - 15:37


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QUOTE
both LC & LJLA both regard it as private land.

It is.

VCS may be road testing Jones v First Greater Western so any loss may be taken further. That's their usual method e.g. VCS v HMRC though they pushed it too far when they went to the Upper Tier. HMRC had bigger [legal] pockets.

With regards to Byelaws, these are legal mechanisms that allow private companies on private land to issue [statutory] penalties. Beavis can viewed in the same manner but rather than having every Tom, Dick or Simon dragging people off to the Mags (Bawtry etc), Parliament opted for the civil route.

The full extent of the Beavis decision has not percolated into other areas of business - yet.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1353664 · Replies: 478 · Views: 18,753

emanresu
Posted on: Fri, 2 Feb 2018 - 18:24


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QUOTE
Which would be truly ironic given that LJLA have spent the last 5 years trying to get the DfT to approve the draft bylaws they have submitted.


There is no irony in court - only facts. Question is why do VCS think it is time to have a punt?

You've done a lot of running on this one Hex. Do you want to check your sources?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1353402 · Replies: 478 · Views: 18,753

emanresu
Posted on: Fri, 2 Feb 2018 - 16:50


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QUOTE
if it comes back referring to parking , then after showing your claim form to the DVLA , they must stop DVLA access at this site , as the claim form based on info on DVLA data is wrong

1: they have stated parking

2: they are using info in a manor not allowed , ie different reason

pushed hard enough , this could actually shut VCS down at this location


Sorry to dampen your enthusiasm but the Data Protection Act has an exemption which is the exercise or defence of legal claims. It only has to be a reasonable belief there is a legal claim and it does not need to be that specific.

The OP would be better looking at it in terms of the hierarchy of laws - secondary legislation such as byelaws takes precedence over contract. VCS have won at rail stations but only after convincing a judge that byelaws didn't apply. That is the route they are going - without stopping, of course.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1353376 · Replies: 478 · Views: 18,753

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