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emanresu
Posted on: Thu, 20 Sep 2018 - 13:12


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Rather than take my word for it, why not do this.

1. Check the DVLA KADOE numbers.
2. See which Uni's are accessing the data
3. Check with ATA they belong to.

Job done.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418318 · Replies: 43 · Views: 654

emanresu
Posted on: Thu, 20 Sep 2018 - 12:06


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QUOTE
DVLA will not disclose data to parking or trespass companies who are not members of an ATA


We are going to have to disagree on this one. If you interpret what is said literally, as you are supposed to, it infers that landowners cannot access KADOE unless they use one of these specialist companies. It makes a nonsense of property rights as it would derogates any right to pursue a trespasser to a PPC. I doubt it was the intent of parliament.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418289 · Replies: 43 · Views: 654

emanresu
Posted on: Thu, 20 Sep 2018 - 10:03


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There appears to be an amount of confusion here

1. The DVLA must release RK or more accurately KADOE data to those showing "reasonable cause" so UoY can get it as a landowner with cause.

2. Leeds Uni and a number of hospital trusts do the same without being members of an ATA. ATA's are only for those whose sole profession is designated as one of the industries that must have an ATA. There are other ATA's that are not parking related. Leeds Uni uses Gladstones to take cases to court.

3. As regards the "but them's the rules.", the ICO audits the DVLA and passes them every time as what may be thought of as "the rules" are not. See #1

4. Companies are often members of the IPC but if there is no need to be part of an ATA or do not fall within an ATA remit, they don't need to as long as they are landowners/occupiers with "reasonable cause"
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418244 · Replies: 43 · Views: 654

emanresu
Posted on: Thu, 20 Sep 2018 - 08:06


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CODE
If they're not in an ATA then they shouldn't be able to get RK details from the DVLA full stop, unless they're doing this under Trespass, and not parking contraventions.


Have you told Aintree Hospitals Trust and Trethowans about that. They and the local courts appear to be mistaken then.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1418213 · Replies: 43 · Views: 654

emanresu
Posted on: Tue, 18 Sep 2018 - 07:59


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QUOTE
Hiring a barrister to tel lthem they f***ed up would be funny, but I dont see how they can get back from this one...


That's what they hire barristers for. Jake at VCS is a plain vanilla legal exec. Not even a real solicitor.

I've watched a VCS barrister operate when they tried to extend the scope of VCS v HMRC. From the judges' faces they knew it was nonsense, but they will throw money at it, if they want to.

If they don't it will be the easiest £4K I've seen plus it can be recycled to other cases.

As I said, I don't want to be a doubting Thomas but I've seen VCS operate. Simon is not easily separated from what he thinks is his money.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1417498 · Replies: 237 · Views: 9,379

emanresu
Posted on: Tue, 18 Sep 2018 - 05:14


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No wish to be a doubting Thomas but it is still early days.

However IF they pay up, could some of the money not be allocated to a Transcript. By paying up they will have confirmed the line of attack used is a valid one which can be used against them again and again. The Transcript would support this.

My personal view, is they have paid for a Barrister to look at this for an appeal, as it could be very expensive for them to let it lay.


Edited: Forgot it was a default judgment.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1417470 · Replies: 237 · Views: 9,379

emanresu
Posted on: Tue, 18 Sep 2018 - 05:07


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You appear to have buried your winning point which is that this is an Excel car park with Excel signs. If you can work in more comments about the Claimant's lack of standing as the contract can only ever be with the company whose name is on the signs.

At 3 why not say "Unaware of any PCN Notice to Keeper, I have checked Albert Street using Google Maps, and I couldn’t remember ever parking on there, as the street is very short and has just a couple of parking lots.. Both Google Street View and the Claimant's paperwork will show the signs and lawful occupier to be Excel Parking Services (Company House number 02878122). There is no clear mention of the Claimant (Company House number 02498820) on the signs

  Forum: Private Parking Tickets & Clamping · Post Preview: #1417469 · Replies: 74 · Views: 4,102

emanresu
Posted on: Mon, 17 Sep 2018 - 13:37


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QUOTE
Other possibilities : KBT, Link, NE Parking, NW Car Parks


Won't be any of these. Perhaps Devere or PPM.

There is an outside chance it is PE and a judge with a sense of irony.
  Forum: The Flame Pit · Post Preview: #1417288 · Replies: 9 · Views: 520

emanresu
Posted on: Sun, 16 Sep 2018 - 16:17


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I like guessing games

My bet is a Civil Enforcement claim, for a Co-op on the IoW. Or the Butler with the pipe in the pantry.
  Forum: The Flame Pit · Post Preview: #1417067 · Replies: 9 · Views: 520

emanresu
Posted on: Fri, 14 Sep 2018 - 15:13


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QUOTE
Ther case has no merit.


That may be, but it hasn't been decided yet. Look at the next stage of the process? It is an appeal to a Circuit Judge where there is no Lay Rep. It will have to be a solicitor and you'll have to fork out for that or use your Barrister friend.

If you get the cheque then well done. They have 21 days to launch an appeal and it will likely be the last day - unless of course they mess that up too.

I'd wait for a month.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1416639 · Replies: 237 · Views: 9,379

emanresu
Posted on: Fri, 14 Sep 2018 - 14:20


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I'd be suspicious of this one.

The counterclaim approach is a novel one which they had not seen before. VCS are not a "mass market" claimant and tend to be very specific about what they are trying to achieve and will throw money at it (VCS v HMRC).

The Airport/Byelaw cases that are around at the moment are another example and they appear to have been able to differentiate in "No stopping" cases compared to the Bull case by using Crutchley.

Eljayjay might want to take this off board for the moment.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1416618 · Replies: 237 · Views: 9,379

emanresu
Posted on: Thu, 13 Sep 2018 - 05:43


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QUOTE
Any advice on other points i need to include and how i should present this


It's a straight forward present the facts.

The Notice will tell you that you have to exchange information 14 days before (check that) which is when you send the Witness Statement and evidence. When they see it they will either drop the case or try to take it all the way. So have a long and expensive cost schedule.

To research your Witness Statement, refer to the many, many Cavendish cases. There are also lots of Excel machine failure cases (hence getting your costs). Use them and quote them as justification for exemplary costs for Excel/BW's abuse of the court process and harassment as defined in the Protection of Harassment Act.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1416158 · Replies: 37 · Views: 1,854

emanresu
Posted on: Tue, 11 Sep 2018 - 06:06


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QUOTE
I also note that you have the incorrect address on the county court claim form and would be grateful if this could be amended to avoid any further delays in myself receiving any documents.



I also note that you have the incorrect address on the county court claim form. The correct address for service of documents is ....

When you Acknowledge, there is also a space for the service address and that is the one that they must use. So the letter (with proof of posting) and the Acknowledgement will do the job. If they use the old address, then it will be up to the court to decide if they have been abusing a court process.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1415523 · Replies: 18 · Views: 307

emanresu
Posted on: Mon, 10 Sep 2018 - 06:15


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QUOTE
Frankly if the land is crown owned they cannot possibly have auth to operate.


There are two issues the OP will need to overcome and it pays to understand them

1. UKCPM will produce a contract from someone that says they have the authority to engage UKCPM. This puts the burden on the OP to disprove by evidence - not just saying it is crown land - actual evidence.

2. Gladstones will also trot out VCS v HMRC ( selling Buckingham Palace) that appears to give credence to them operating on land not owned so that has to be sorted too.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1415205 · Replies: 13 · Views: 379

emanresu
Posted on: Sun, 9 Sep 2018 - 07:02


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The simple answer is yes, you need all of that so ask for it. The idea is to narrow the issues down to

1. Items that are agreed (and evidenced)

2. Items where there is a disagreement - but evidence will point one way or another

3. Items where there is a disagreement - but no evidence. These are the issues a judge will make their own mind up about.

So defending is a simple matter of listing the issues, separating them into the three types and getting the evidence to see how much can be shifted into categories 1 and 2 as you don't want a judge to make a decision. It may go the wrong way.

Similar to a job schedule where timesheets/invoices (the evidence) shows the picture.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414977 · Replies: 13 · Views: 379

emanresu
Posted on: Fri, 7 Sep 2018 - 07:15


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Was this a CENTRO/Network West Midlands station. If so complain to them on the Equality Act issue as they are reasonable for managing VCS. Get them to check that VCS signs and location meets the "reasonable adjustment" required under the Act. Keep at them (NWM) to get it cancelled.

The signs are the key to this - not byelaws.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414500 · Replies: 22 · Views: 625

emanresu
Posted on: Fri, 7 Sep 2018 - 05:27


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The pics look as if they have been taken with a drive-by system. New one for them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414491 · Replies: 24 · Views: 521

emanresu
Posted on: Thu, 6 Sep 2018 - 13:33


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QUOTE
Nothing on there about the times that "All Day" meant.


That's the one. The defence is Contra Proferentem.

At the same time, have a winge to them about the standards of signs and wording being well below that set by other traffic authorities. Add that these signs are no more than "best endeavours" and that if these were approved by the Trade Association, you question whether they have "clean hands" in this issue.

Expect a rejection, some scary letters from debt collectors and a possible claim. You can either ignore or treat the whole issue like some Nigerian scam and have some fun with it. At least a Nigerian scammer has some form of literacy.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414378 · Replies: 52 · Views: 917

emanresu
Posted on: Thu, 6 Sep 2018 - 12:42


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Are you able to tell us the court? AFAIK they are trialling (pun) these quasi-byelaw cases in Sheffield / Wakefield / Leeds so they can handle these in-house without BW/Elms.

  Forum: Private Parking Tickets & Clamping · Post Preview: #1414364 · Replies: 33 · Views: 2,369

emanresu
Posted on: Thu, 6 Sep 2018 - 08:21


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QUOTE
Turn off your router, wait and then turn it on again. Unless you are paying for a fixed IP address you should be allocated a different IP address.


+1

And the PC too.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414245 · Replies: 6 · Views: 244

emanresu
Posted on: Thu, 6 Sep 2018 - 08:19


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May be my eyesight but can't see space L38 on the plan - though you say it was marked on the road instead. Was the car parked within the area marked in red?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414244 · Replies: 9 · Views: 222

emanresu
Posted on: Thu, 6 Sep 2018 - 08:10


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QUOTE
It is high time that the whole system was overhauled and dragged kicking and screaming into the 21st century.


It is being. Google "digital courts".

There have been a number of consultations with "Court User" groups on the issue but digital courts would sort the key issue which is people failing to read the Civil Procedure rules and following them.

You could argue too that failing to read parking signs falls into the same category though parking signs are not as comprehensive as the CPR and Practice Directions - yet.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414242 · Replies: 620 · Views: 39,106

emanresu
Posted on: Wed, 5 Sep 2018 - 18:34


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What happened today is very normal in a court at this level (and others). Procedural issues are a high proportion of cases despite there being clear rules on who should do what and when. For example, if the WS was posted and emailed, it would all be over - but it wasn't. Posting is covered by the Interpretations Act but email is not there yet.

A lot of Gladstones / BW / LPC wins are on the simple procedural rules e.g. default CCJ's. This is why a "drop hands" offer is useful at this time as the key procedural rule is to reduce the burden on the court by any means possible.

Think of it this way. The court does not actually want to see you and will encourage you to use alternative means. Employment cases now MUST go though ACAS. Personal Injury claims must go through the portal etc.

Rushing to court is just an invite to have a judge take a decision you don't like - but it will be fair, honest and within the rules.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414165 · Replies: 620 · Views: 39,106

emanresu
Posted on: Wed, 5 Sep 2018 - 15:41


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Odd. Very odd but you can try a "drop hands" offer to both walk away without costs or another hearing. Would do no harm and may be useful if they say no.

Anything from the other cases you could use?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1414133 · Replies: 620 · Views: 39,106

emanresu
Posted on: Tue, 4 Sep 2018 - 17:53


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Ditto for IoJ

There are 4 VCS cases and not 5 as suggested earlier.

Since Sheffield is a low cost court for them expect Jake to come along and present. Give him our best wishes (that he fails again) but watch for the fast pace questions from the judge. The best thing you can do is to slow yourself down and take time before answering. If you are not used to court, they will try to rattle you so don't let that happen.

And if you don't understand something, a Litigant in Person (you) is allowed to ask. Enjoy it. You'll see court dramas in a new light after it.

Edit: Forgot to add that you'll win if you have a real go at the signs. They are not as good as they claim.

Edit 2: Have a note to ask for costs. Most people forget when they win. If you hear "win" think "costs"
  Forum: Private Parking Tickets & Clamping · Post Preview: #1413863 · Replies: 620 · Views: 39,106

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