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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: 21 · Views: 469

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: 801

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: 735

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: 275

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: 87 · Views: 3,052

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: 87 · Views: 3,052

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: 673

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: 177

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: 87 · Views: 3,052

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: 87 · Views: 3,052

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: 87 · Views: 3,052

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: 673

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: 87 · Views: 3,052

emanresu
Posted on: Tue, 16 Oct 2018 - 10:27


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Whoever parked there missed 3 signs in a short distance. It's a simple defence if the Keeper was not driving and is able to show they were somewhere else at the time (Wales?) as they are not relying on POFA

By all means indulge in ranting here, but it shouldn't leak over into any paperwork that will be seen by a court. It just winds up the judges.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425695 · Replies: 87 · Views: 3,052

emanresu
Posted on: Tue, 16 Oct 2018 - 08:35


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I'd check the pic posted on the MSE site before this goes further.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425660 · Replies: 87 · Views: 3,052

emanresu
Posted on: Mon, 15 Oct 2018 - 12:27


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QUOTE
You don't send them at this time.


Just in case you missed it, you do not send your pics at this time. You wait until the court tells you. They tell you to send them when they tell you when the hearing date is. That is in 5 months time so keep them and your evidence until then.

If you are unclear about "You don't send them at this time" then let me know.

Just send in the defence (without pics) no later than 33 days from the date in the top right hand of the Claim form.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425354 · Replies: 48 · Views: 1,262

emanresu
Posted on: Mon, 15 Oct 2018 - 10:59


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You don't send them at this time.

The defence shown just highlights the issue and (hopefully) answers the issues raised in the particulars of the claim.

There is a bit of court paperwork to come regarding setting a hearing date (Directions) then in about 5 months time there will be a hearing. For that hearing you'd prepare a Witness Statement which pics and other evidence that you have gathered. You'll then be sent their paperwork. Based on what you've found and what they have produced, you prepare a Skeleton Argument for the court 3 days prior to a hearing.

The defence appears to cover it all but check it against the particulars
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425331 · Replies: 48 · Views: 1,262

emanresu
Posted on: Mon, 15 Oct 2018 - 07:21


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QUOTE
the lawful occupant Excel Ltd


Since the occupant is Excel and the signs are Excel, the contract is with Excel. The only way VCS could issue a claim in their own name is if the deed was assigned and there is no assignment with the bundle or indicated. In addition, this was not pleaded earlier in the case.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425246 · Replies: 85 · Views: 5,447

emanresu
Posted on: Mon, 15 Oct 2018 - 05:44


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QUOTE
I've just received their 56 pages long WS


How do they explain the difference between the name on the signs and the name of the claimant?

They've lost an Albert Street one last week on "not the driver"
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425237 · Replies: 85 · Views: 5,447

emanresu
Posted on: Sun, 14 Oct 2018 - 04:34


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Blossom Street is a hot spot for them and they've done court there a few times. Main issues appear to be

a) the machines are temperamental

b) ANPR Cameras are not linked to the payment machines

c) The signs are difficult to see and

d) The signs are in the name of MB and Bradley Wilson.

You've be well advised to do a Subject Access Request as soon as possible and look to see if there is a machine error like a mistaken VRM or your VRM not showing up.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1425004 · Replies: 9 · Views: 309

emanresu
Posted on: Sat, 13 Oct 2018 - 06:23


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Was the car park part of the hotel? If so what were the instructions about parking there e.g permit only, pay and display, limited time etc.

The Hotel, if it was their car park, may be able to get it cancelled if you contact them to explain the Equality Act issue suggested above.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1424786 · Replies: 19 · Views: 340

emanresu
Posted on: Fri, 12 Oct 2018 - 16:01


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Why not ask a few of the District Judges that have to deal with 200 of these cases at court each week.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1424607 · Replies: 4 · Views: 262

emanresu
Posted on: Thu, 11 Oct 2018 - 09:51


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QUOTE
There is nothing in that judgement that states Beavis was binding, the Sheriff just stated they agreed with the finding. If it had been seen to be binding would the Sheriff not have stated so.


It appears we are discussing the literal. In that case, I will amend to effectively binding in the same way as cases are "effectively binding" in common law jurisdictions.

But to say that Beavis or the rationale behind Beavis is not "effectively binding" is to mislead.

And we all know what happened when everyone jumped on the GPEOL band waggon. The PPC industry are still dining out / replacing their Porches on that one.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1424102 · Replies: 22 · Views: 589

emanresu
Posted on: Thu, 11 Oct 2018 - 08:24


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QUOTE
How many cases have been brought siunce then?
None that we are aware of
Hence the advice remains unchanged.


Agree with nosferatu1001 on that but the OP has also been told that cases are fact specific and won't share the specific facts. The postings have a whiff about them or should be in the Flame pit as previously advised.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1424076 · Replies: 17 · Views: 497

emanresu
Posted on: Thu, 11 Oct 2018 - 04:55


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QUOTE
Sorry but that is not correct. A Supreme Court ruling on civil cases is only binding on the jurisdiction it was heard under - in the Beavis case it came through English County Court. Its no different from Cases in Scotland ending up at the Supreme Court only being binding in Scotland. If it were the case that Supreme Court cases were binding throughout the UK, you could be in trouble with a Supreme Court ruling on a 16 year old in Scotland being considered as an adult a few years back. Criminal cases will be binding across the UK, though.


Understand the point you are getting at. For example, in yesterday's' "gay cake" Supreme Court ruling, there is a heavy emphasis on the applicable law in Northern Ireland - a different jurisdiction from Scotland, England and Wales, Guernsey and IoM. But in the Beavis case they looked at something more fundamental which is how the law of contract should operate.

And since you won't believe me, could I point out a couple of cases in Scotland where VCS were successful in applying Beavis. VCS v Mackie at paras 13/14 refer to Beavis. She was ordered to pay £24,500 based on Beavis and not GPEOL

https://www.scotcourts.gov.uk/search-judgme...00-ff0000d74aa7

There was a second case VCS v Brown which was around £4,000 for about 30 tickets which again was the Beavis ruling.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1424064 · Replies: 22 · Views: 589

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