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Alexis
Posted on: Thu, 18 Sep 2014 - 09:11


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Don't ignore it - you need to defend it by following the instructions or you will end up with a CCJ on your credit report.

Explain your circumstances in your defence. Google 'frustration of contract' - this is one legal angle to demonstrate why your alleged contract with Parking Eye was nullified by your son's overrunning appointment.

Also point out that it would cost the landowner (the NHS) more by breaching your contract with them to attend your appointment than could ever conceivably be lost by you overrunning your parking time.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1003322 · Replies: 25 · Views: 2,215

Alexis
Posted on: Tue, 10 Jun 2014 - 09:07


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Interesting that motorway speeds for cars have mostly seen a decline. Presumably fuel costs are a factor.
  Forum: News / Press Articles · Post Preview: #969893 · Replies: 15 · Views: 1,918

Alexis
Posted on: Wed, 9 Apr 2014 - 13:40


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QUOTE (luminous @ Wed, 9 Apr 2014 - 13:45) *
QUOTE (Alexis @ Wed, 9 Apr 2014 - 13:38) *
QUOTE
Care should be taken, as a little change to the sign will mean that PE can now fine anyone who correctly registers their vehicles with other terminals that are present.


No, not all all. Where is their loss from doing so?


I agree that is a separate argument. This was part of the technical debate that took place in front of me. Depending on ownership of the land, and the contract that exists between PE and the land owner there can be ground to issue a charge where a loss does not have to be substantiated. Or at least, this was how it was explained to be by the Judge. The argument seems to be that for a charge to be issued without a loss substantiated the landowner who have to make the claim not PE, as PE can only claim for losses.

Nevertheless, in order to complain with the terms on the sign, you have to be sure which terminal you use!


Then you're getting into issues of consideration when charging for periods of parking.

PE themselves are the ones trying to claim loss. Otherwise, where is the VAT on top?
  Forum: Private Parking Tickets & Clamping · Post Preview: #948086 · Replies: 26 · Views: 3,908

Alexis
Posted on: Wed, 9 Apr 2014 - 12:38


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QUOTE
Care should be taken, as a little change to the sign will mean that PE can now fine anyone who correctly registers their vehicles with other terminals that are present.


No, not all all. Where is their loss from doing so?
  Forum: Private Parking Tickets & Clamping · Post Preview: #948062 · Replies: 26 · Views: 3,908

Alexis
Posted on: Fri, 21 Mar 2014 - 08:44


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I can send them an email on your behalf, copying you in and asking they respond to your email address.

Can you send me a message with your name, address, email address and court claim number?

Don't worry, I'm trustworthy!
  Forum: Private Parking Tickets & Clamping · Post Preview: #940130 · Replies: 9 · Views: 1,742

Alexis
Posted on: Thu, 20 Mar 2014 - 08:27


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Is this your letter?

http://justclaim.co.uk/court-forms/N9-response-pack.html

Name of court is usually Northampton at this stage (it would go to your court later on)

Put in the claim number, your name in 'defendant, and their name in 'claimant.'

Then your address in the big box, and your postcode.

Tick 'I intend to defend this claim'.

Sign and date.

Cut along the dotted line and post to:

Northampton County Court, 4th Floor, St Katharine's House, 21-27 St Katharines St, Northampton NN1 2LH


If you send me a message with your email address I can contact the Co-op for you. In the meantime, follow the instructions above.
  Forum: Private Parking Tickets & Clamping · Post Preview: #939664 · Replies: 9 · Views: 1,742

Alexis
Posted on: Thu, 20 Mar 2014 - 08:12


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Can you post up everything you have received and photos of the signs?
  Forum: Private Parking Tickets & Clamping · Post Preview: #939661 · Replies: 22 · Views: 2,885

Alexis
Posted on: Wed, 19 Mar 2014 - 12:45


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QUOTE
4) That what you've asked for is a genuine pre-estimated loss"


Hurrah!
  Forum: News / Press Articles · Post Preview: #939284 · Replies: 9 · Views: 1,222

Alexis
Posted on: Mon, 17 Mar 2014 - 19:50


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At this stage explain circumstances and put down some bullets about the charge not amounting to a genuine pre-estimate of loss for breach of contract, contractual penalty etc. The full defence sent in 14 days before any hearing date is the main thing, so just submit a skeleton at this stage.

I would then contact UKCPS and explain circumstances and maybe offer to refund £25 hearing fee if they withdraw claim. They probably wouldn't relish a blue badge case with you and your 86 year old blue badge holder in attendance. Or, depending how bolshy you're feeling, tell them the circumstances and that you look forward to seeing them in court.
  Forum: Private Parking Tickets & Clamping · Post Preview: #938649 · Replies: 5 · Views: 730

Alexis
Posted on: Mon, 17 Mar 2014 - 19:34


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No genuine pre-estimate of loss at POPLA, as usual.

They have a duty to mitigate loss too. Read VCS v Ibbotson
  Forum: Private Parking Tickets & Clamping · Post Preview: #938642 · Replies: 27 · Views: 12,820

Alexis
Posted on: Mon, 10 Mar 2014 - 22:34


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What's your budget?

Check out the Seat Ibiza /VW Polo / Skoda Fabia. They're all the same underneath, but the last couple of Ibizas look more interesting than the ubiquituous Fiesta and Corsa.
  Forum: The Flame Pit · Post Preview: #935874 · Replies: 36 · Views: 4,039

Alexis
Posted on: Sat, 8 Mar 2014 - 17:44


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Things might change when the DVLA see the transcript from the other week when it arrives.
  Forum: The Flame Pit · Post Preview: #934950 · Replies: 123 · Views: 16,022

Alexis
Posted on: Sat, 8 Mar 2014 - 17:41


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Appeal that the ticket does not amount to a genuine pre estimate of loss and that there is no evidence of a valid contract with the landowner. Demand a POPLA code with any rejection.

You will likely get a templated rejection in reply.

Then appeal to POPLA. We do not know of any instance of JAS putting in any defence - see completed case summaries to see how they just throw in the towel and cancel the charge.

By the way - your credit score would only be affected if they took you to court and you lost and you didn't pay within 28 days. So no need to worry.

  Forum: Private Parking Tickets & Clamping · Post Preview: #934949 · Replies: 8 · Views: 1,081

Alexis
Posted on: Thu, 27 Feb 2014 - 08:46


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Have Excel included a photo of their new sign in their evidence?

See Excel v Cutts for evidence of the poor (old?) signage.

Have you had an actual rejection from POPLA? Don't go engaging with Excel.

If POPLA go against you, just continue to ignore. If you get a court claim, it sounds like it would be carbon copy of the Cutts case.
  Forum: Private Parking Tickets & Clamping · Post Preview: #931348 · Replies: 8 · Views: 1,141

Alexis
Posted on: Wed, 26 Feb 2014 - 18:26


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QUOTE
Additional tax rate
45% on annual earnings above £150,000


How about additional additional tax?

50% on 500k - 1mill
60% on 1 - 5 mil
70% on 5 mil+

F1 drivers live in Monaco, so it's a footballer's tax but not called so!
  Forum: The Flame Pit · Post Preview: #931176 · Replies: 40 · Views: 5,343

Alexis
Posted on: Tue, 25 Feb 2014 - 08:57


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Explain and send a cheque for the £10 "in full and final settlement". State that if they decide otherwise to enclose a POPLA code with its return, with which you will appeal to the adjudicator o the grounds that the ticket does not constitute a genuine pre-estimate of loss.
  Forum: Private Parking Tickets & Clamping · Post Preview: #930438 · Replies: 20 · Views: 2,052

Alexis
Posted on: Sat, 22 Feb 2014 - 18:44


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QUOTE (Valiant @ Sat, 22 Feb 2014 - 14:03) *
For anyone who has a court hearing date from Ransomes Park Limited, or who may receive one soon, here is a letter you may wish to send to the Court. You can make a formal application but that may cost £80

The Cour Manager
Ipswich County Court
8 Arcade Street
Ipswich
Suffolk IP1 1EJ

Dear Sir

Ransomes Park Limited v [your own full name name] Claim Number [ claim number]


With reference to the above case, I would request that Directions be given that any hearing be adjouned pending the hearing of the appeal against the Judgement of your court in Claim number 3YS16797. The facts of that case are the same and in the light of the evidence now known to the Court, as to the operation of the Claimant, it seems beneficial to the Courts' time for this case to await that appeal outcome.

Yours Faithfully,


Maybe request a stay rather than an adjournment?
  Forum: Private Parking Tickets & Clamping · Post Preview: #929589 · Replies: 332 · Views: 43,503

Alexis
Posted on: Sat, 15 Feb 2014 - 20:04


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Confusing signage. The big yellow one is only the college themselves making the alleged contractual offer. If you've read one massive 'WARNING' sign, why would you go looking elsewhere for another warning sign.

A POPLA appeal including that photo and stating nowhere does it show PCN NW making a contractual offer would be a good idea, along with the usual no genuine pre estimate of loss

QUOTE
My brother (and me) really cannot afford the risk of losing an appeal and don't want to fight this without a decent chance of winning. I've read elsewhere that only 48% of appeals are successful - that's less than 50/50 chance of winning!


Wrong. Chance of PCM upholding your appeal, whatever you state = <1%
Chance of POPLA upholding your appeal if you state no genuine pre-estimate of loss = >95%

Anyway, you should be clever college lads. Read up on all this on the internet!
  Forum: Private Parking Tickets & Clamping · Post Preview: #926795 · Replies: 55 · Views: 4,717

Alexis
Posted on: Sat, 15 Feb 2014 - 18:33


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So you have the right to park your vehicle in any free space, providing it is in regular use.

Sounds like the usual - management co ignores the lease, you are under no obligation to display any permit and the parking company have no right to impose charges (they MAY be entitled to hold a valid contract with the landowner as you do not own the spaces, but that contract cannot superimpose the lease. Which is a problem for a private parking company).

Long term you may wish to put the situation in writing to both parties and return your permit.
By the way, the lease text should be first and foremost in your POPLA appeal. Anything else is moot, but obviously stick it in anyway.
  Forum: Private Parking Tickets & Clamping · Post Preview: #926776 · Replies: 25 · Views: 2,687

Alexis
Posted on: Wed, 5 Feb 2014 - 18:32


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QUOTE (sgtdixie @ Wed, 5 Feb 2014 - 09:12) *
And we don't have different speed limits based on the abilities of the vehicles and drivers qualifications.

So, should we? The worst vehicles on the road are much more advanced than the best vehicles in the 70s.
When the 70mph was trailed, a fog limit of 30mph was also introduced. Other countries have differing limits for wet and dry on certain roads.
Is our whole system too rigid and lacking in common sense?



  Forum: News / Press Articles · Post Preview: #923454 · Replies: 39 · Views: 3,748

Alexis
Posted on: Wed, 5 Feb 2014 - 08:37


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I still find it puzzling why it was safe to do 70mph in a 1967 Ford Consair with dodgy handling, narrow tyres and ineffective drum brakes, but 71mph in an ABS and disc brake equipped modern car is highly dangerous?

The 80mph limit seemed pointless with everyone doing at least 80 anyway, but if they're going to up the number of cameras it starts to make more and more sense.
  Forum: News / Press Articles · Post Preview: #923143 · Replies: 39 · Views: 3,748

Alexis
Posted on: Mon, 3 Feb 2014 - 19:20


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Heard nothing but terrible things about BT. Got £500 compo out of them a few years ago because if their utter incompetence.
  Forum: The Flame Pit · Post Preview: #922484 · Replies: 79 · Views: 14,212

Alexis
Posted on: Sat, 1 Feb 2014 - 10:55


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If you've missed POPLA, you can either just send in an appeal to them and see if they will accept it, or simply ignore.

In the unlikely event of a court claim you can immediately point out you tried to engage with an Alternative Dispute Redolution service but they refused to engage, wasting costs for the court system
  Forum: Private Parking Tickets & Clamping · Post Preview: #921533 · Replies: 24 · Views: 3,923

Alexis
Posted on: Wed, 29 Jan 2014 - 09:12


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A three year ban seems about right. Custodial sentence would be too harsh IMO.
  Forum: News / Press Articles · Post Preview: #920300 · Replies: 10 · Views: 1,157

Alexis
Posted on: Thu, 23 Jan 2014 - 14:34


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Not a very exciting thread, but just a note that JAS Parking Solutions (http://www.jasparkingsolutions.org) appear to throw the towel in at POPLA if you demolish their templated appeal rejected letter (reproduced below).

Just had a letter saying they've dropped the whole thing, which is odd considering how vehemently they argue they make a loss on each occasion...


QUOTE
Staples car park is only for customers whilst using the premises. Our car park terms and conditions are clearly written on the 10 sign boards that are displayed throughout the car park.
Our sign boards clearly state below.
· Vehicle left in the car park before or after using either premises.

· Restrictions apply 24/7 including weekends and bank holidays.

· No waiting / no turning / no overnight parking / this is not a pick up or drop off site. Vehicles parked at the driver’s risk.

I would like to remind you that when you parked your vehicle on the site in question, you contractually agreed to abide by the terms and conditions attached to that site. As stated, these terms and conditions are adequately displayed on signage at the site. If you did not wish to abide by these terms and conditions, nor accept the charges incurred should they be breached, you were under no obligation to park on the property in question. Please be aware that our signage meets or exceeds the requirements of the British Parking Associations codes of conduct.

Therefore you have breached the terms and conditions of the Car Park. So Unfortunately on this occasion your appeal is unsuccessful.
Contract law, Trespass and Cause of action

Please note that this matter relates to a privately-issued Parking Charge Notice; not a council-issued Penalty Charge Notice.

The claim in question is based in contract law. When you parked your vehicle on the site in question, you contractually agreed to abide by the terms and conditions attached to that site. As stated, these terms and conditions are adequately displayed on signage at the site. If you did not wish to abide by these terms and conditions, you were under no obligation to park on the property in question.

Amount charged and alleged losses:

Regarding the amount charged, if you refer to the British Parking Association’s code of practice, you will discover that the sum in question is within what this body deems reasonable.
The outstanding Parking Charge amount has been calculated as a genuine pre-estimate of loss as our client incurs significant costs in managing this car park to ensure motorists comply with the stated terms and conditions and to follow up any breaches of these. These costs include (but are not restricted to).

• Erection and maintenance of the site signage.
• Employment of office-based administrative staff.
• Membership and other fees required to manage the business effectively including those paid to the BPA, DVLA and ICO.
• General costs including stationery, postage, etc.


This sum, and the calculations which have been made in setting it, has been approved and agreed by the landowner (or the landowner’s agent). The amount charged was also clearly laid out on the signage at the site, and by remaining on site; we contend that the motorist has accepted all of the prevailing terms and conditions of that contract, including the charges for breach of contract.

The amount charged is in line with the parking charges accepted by the courts as being legally permissible to claim. See Parking Eye Ltd v Somerfield Stores [2011], Combined Parking Solutions Ltd v Dorrington [2012], Napier Parking Ltd v Mr Darren Yau [2012] and Parking Eye Ltd v Kevin Shelley [2013].

Furthermore, if the charge is not settled with the parking company and the case was consequently passed to a debt recovery company for collection, further costs would be incurred on a similar basis.

Photographs

We are not legally obliged to inform of audit trail etc. Should this matter go to court this will be produced then. I must stress that, under the British Parking Association’s code of practice, I am under no obligation to provide such evidence. Therefore, this is provided merely as a gesture of goodwill.

Signage

The signage on site is sufficient and is in line with the guidelines laid down by the British Parking Association (BPA).

Your status

We are instructed by the landholder

Ownership of premises

We are not legally obliged to disclose this information

Contract to operate on premises

Once again not legally obliged should the matter go to court you will produce this information then.

Legal representation

We are not legally obliged to send you our solicitor name we will provide this information to the court.


You now have a number of options from which to choose

1. Pay the Parking Charge Notice at the prevailing price of £56.40 within 14 days. Please note that after this time the discounted rate will no longer apply and the Parking Charge Notice will rise to £94.

2. Make an appeal to POPLA – The Independent Appeals Service by making your appeal online at www.popla.org.uk.



3. Please note that if you wish to appeal to POPLA, you will lose the right to pay the charge at the discounted rate of £56.40, and should POPLA’s decision not go in your favour you will be required to pay the full amount of £94. If you opt to pay the parking charge you will be unable to appeal to POPLA.


If you choose to do nothing, we will seek to recover the monies owed to us via our debt recovery procedures and may proceed with Court action against you.

The verification c

Thank you


Adam
Appeal Department
J.A.S Parking Solutions
  Forum: Completed Case Summaries · Post Preview: #918036 · Replies: 5 · Views: 2,871

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