PePiPoo Helping the motorist get justice

Welcome Guest ( Log In | Register )

429 Pages V   1 2 3 > » 

emanresu
Posted on: Wed, 20 Jun 2018 - 11:14


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
I think that maybe either I have found the wrong case [i.e. VEHICLE PARKING SERVICES LIMITED and ALFRED CHARLES CRUTCHLEY No.C03LV701), which Mr Crutchley lost both at the original hearing and on appeal], or you have cited the wrong case.


Nope. It is the correct one.

The case will turn on the facts. So far we know the van was there but there is no information on a) where it was parked b) on which part of the car park is was parked and c) what rights did the client have to that space.

The Circuit Judge in Crutchley clearly used the ratio in Beavis and applied it. Beavis was all about curing a nuisance. Obstruction and trespass are the two common nuisances that occur on residential sites where cars are involved and both are likely to be actionable by a PPC.

What we need to understand from the OP is where the van was parked onsite.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1392258 · Replies: 18 · Views: 425

emanresu
Posted on: Wed, 20 Jun 2018 - 09:43


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
Under the Case Law section on parking-prankster.com, you will find the case of Jopson v Homeguard.


To be read in conjunction with VCS v Crutchley which IMHO is a far better case. Backed up by Beavis.

It is not the issue of the van being there but where it was parked on on whose bit of land.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1392216 · Replies: 18 · Views: 425

emanresu
Posted on: Mon, 18 Jun 2018 - 10:49


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


Trump is clearly there for the taking and "little rocket man" played him like a fiddle. He may have a nuclear disadvantage but did a sitting president want his election prospects with red necks (literally) blowing up in his face.

As regards retaliation, given the geography of North Korea, there were the sentiments of China, Russia, South Korea and Japan to consider. Nuclear fallout is not that containable.

Looking forward to the rematch
  Forum: The Flame Pit · Post Preview: #1391549 · Replies: 496 · Views: 59,416

emanresu
Posted on: Sun, 17 Jun 2018 - 18:24


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
I cannot find anything in it which would commit you to complying with the parking company's scheme in any way, shape or form.


Housebuilders like Crest tend to use a template Law Society lease. If they have used it, there is usually a catch-all phrase that allows the (common areas) Freeholder/Head Leaseholder to impose terms "for the better management of the estate" or some such phrase. You should check the last / second to last Schedules. It is usually buried at the back.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391388 · Replies: 89 · Views: 7,885

emanresu
Posted on: Sun, 17 Jun 2018 - 09:55


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


The address of the MA / Head Leaseholder traces back to the housebuilder Crest Nicholson. It is often the case that the common parts on new schemes is kept in the ownership of the hosebuilder. (See Copper Quarter in Swansea as an example).

In addition if that company sends out and collects money why is it showing a Companies House as a dormant company with no assets and no income. You say it has assets ( the common areas) and has income ( the charges it levies ) but it does not think so. You might want to make enquiries with Crest about this company and get clarification. It may be you are one of the shareholders to the MA (as is often the case) but it can't be checked as the MA have not filed any shareholder information.

Property law is a black hole if you don't check.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391265 · Replies: 89 · Views: 7,885

emanresu
Posted on: Sun, 17 Jun 2018 - 07:15


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
You could also ask the MA (who is meant to work for not against you)


This is where a lot of people go wrong. The MA does not work for the people they take money off. The money paid is not consideration in the contractual sense but rather a debt owing for services organised on behalf of the Freeholder for the benefit of the residents - at the residents cost.

For example, take painting the walls. You invite a painter to paint the internals - you have a contract with the painter and the money paid is consideration.

Painting the common areas is different as you have no authority to contract with a painter to paint the common areas. That is the MA's/Head Leaseholders job to organise and recharge.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391243 · Replies: 121 · Views: 4,847

emanresu
Posted on: Sun, 17 Jun 2018 - 06:02


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
It has no obligation to check the terms of leases to confirm that the management agent can employ a parking company


It has as a so-called professional company. See the Supply of Goods and Services Act 1982 s 13 (implied term about care and skill)

It gets round that by using an indemnity clause in its own contact with the MA. So OP's could sue the MA for their costs in these cases but as the MA owns/has nothing, any win will be recharged back to residents.

You see what a screwed up arrangement leasehold parking is.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391237 · Replies: 9 · Views: 223

emanresu
Posted on: Sun, 17 Jun 2018 - 05:56


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
The management company presumably owns the visitor spaces because the deeds define the area in which the visitor spaces reside as "Management Land" and defines "Visitors Parking Spaces" as "parking spaces marked V on the plan situate within the Management Land".


The MA owns nothing and has no money other than the monies it will take / recharge the residents. It will be the Freeholder/Head Leaseholder who owns it and the UKCPM contract - which is key - should be with them OR their nominated representatives which may not be the MA but usually is.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391236 · Replies: 89 · Views: 7,885

emanresu
Posted on: Sat, 16 Jun 2018 - 05:43


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
You'll have to wait and see if they access the DVLA.


They can. They are a new IPC company and they may be in breach of the IPC with predatory practices. Likely they will say they communicated the restrictions would apply some days before, so check with others.

https://theipc.info/aos-members/s

Mind you that sign fails the "clarity" test - not that it will stop them.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1391018 · Replies: 31 · Views: 977

emanresu
Posted on: Fri, 15 Jun 2018 - 05:32


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
Don't understand though, if there's no offer to park and you do, how is that OK?


If there is no offer or contract, there can never be a breach of contract which is what they are claiming. The alternative is that the driver was trespassing and in the ParkingEye v Beavis case, the Judges made it clear that only the landowner can sue for trespass.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1390673 · Replies: 34 · Views: 1,215

emanresu
Posted on: Mon, 11 Jun 2018 - 08:06


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
Another shows the cafe as Riverbank Coffee Hut whereas it is now called Katie’s Cabin.


You might want to check that

This article from 2013 suggests that Katies Kafe was the former name

http://www.cravenherald.co.uk/news/1040582..._Community_News

This planning application from Oct 2017 suggests it is Riverbank

http://pacsplanning.yorkshiredales.org.uk/..._14_21A_DEC.pdf

I'd be interested to find out what your new pics show though since that will confirm
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389367 · Replies: 47 · Views: 793

emanresu
Posted on: Mon, 11 Jun 2018 - 07:19


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
The photos of the planning application for the cafe are old


The pics on application C14/021/C_14_21B are stamped as received on 3rd May 2018. Would have thought these are close enough for the purpose.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389356 · Replies: 47 · Views: 793

emanresu
Posted on: Mon, 11 Jun 2018 - 04:36


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


@Tea

I was concerned that given the location HX may have had difficulty with the planning for ANPR system since they can be obtrusive but the planning shows that they have been able to satisfy NP about it.

However there is no mention of permission for signs - which if you go back to post #2 is the key one. It would appear from the PP that there would have been a very small sign beside the machine with text that would be difficult to see. In addition there is another PP for the cafe which has numerous recent pics of the car park (see http://pacsplanning.yorkshiredales.org.uk/...14_21B_PLA.pdf) That PP shows there were next to no signs in the car park (as would be expected for the NP) so it is unlikely that HX made the 15 minute restriction clear enough to drivers.

Suggest you download all the images of the car park to show the lack of signs there.

Pics from both the PP should be enough to win this as it is the evidence that wins these cases.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389350 · Replies: 47 · Views: 793

emanresu
Posted on: Sun, 10 Jun 2018 - 11:43


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


This thread is a bit troubling but perhaps the OP can check a few things

1. The only way HX would know that it was "15 minutes" would be if there was ANPR in use which itself would be synchronised with the payment machines (£££). Otherwise it would be a person timing people which would cast into doubt the timings itself.

2. Installation of ANPR would require planning permission from NP (?) as AFAIK they are the planning authority for that location. There is certainly know planning information on the CDC site.

3. It is not a particularly large car park and HX and not known for their generosity so would be surprised if someone coughed up for the installation / cabling costs / planning application for such a small car park. But I may be wrong.

There is something odd about it but happy to have my troubles dispelled.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389179 · Replies: 47 · Views: 793

emanresu
Posted on: Sun, 10 Jun 2018 - 08:32


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


See http://www.cravenherald.co.uk/news/1453183...rk_is_for_sale/

You might want to contact the Estate Agent that appears to have sold it and get some background e.g. pics
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389139 · Replies: 47 · Views: 793

emanresu
Posted on: Sun, 10 Jun 2018 - 08:23


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


This location?

https://www.tripadvisor.co.uk/Restaurant_Re..._North_Yor.html
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389137 · Replies: 47 · Views: 793

emanresu
Posted on: Sun, 10 Jun 2018 - 04:57


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
I suspect this will have been on a sign similar to a HX notice posted elsewhere on this forum


This is an interesting OP who appears to have an answer for everything - in the negative.

@Tea - this is all about facts and not opinions /suspicions. As the signs and the positioning of the signs in relation to the driver is the single most important point, is there a reason why you cannot get pics of the signs and the wording?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389122 · Replies: 47 · Views: 793

emanresu
Posted on: Sun, 10 Jun 2018 - 04:49


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
and will note but not reply to any other response


Don't use "will not reply" as it has a specific meaning. Use "may not reply".

You are complaining about their refusal to engage then refusing to engage yourself.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1389121 · Replies: 43 · Views: 2,747

emanresu
Posted on: Sat, 9 Jun 2018 - 09:20


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
the penalty relates to the ticket having not been purchased within 10 minutes of entering.


Was that phrase on the signs. Do you have a pic of the wording?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1388889 · Replies: 47 · Views: 793

emanresu
Posted on: Sat, 2 Jun 2018 - 05:08


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
Try the Land Registry for further information


Try the local council to find out if Excel pay the Non-domestic rates. Most councils have a spreadsheet they can send you to show this.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1386907 · Replies: 50 · Views: 1,958

emanresu
Posted on: Sat, 2 Jun 2018 - 05:05


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


Seems it is a corporate ticket which are easier than a Joe Public one as most companies will pay up.

Is it a company registered car?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1386906 · Replies: 27 · Views: 742

emanresu
Posted on: Fri, 1 Jun 2018 - 15:25


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


This is a Wing DIY claim - for two tickets and not one for the funeral.

You have a month from the date of the judgement to pay which you should do. If you want to pay for a set aside at £255 don't expect to get the £255 back if you have ignored. And don't expect to win either.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1386767 · Replies: 10 · Views: 323

emanresu
Posted on: Fri, 1 Jun 2018 - 07:18


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


Try again - bottom tear off strip
  Forum: Private Parking Tickets & Clamping · Post Preview: #1386590 · Replies: 25 · Views: 535

emanresu
Posted on: Wed, 30 May 2018 - 17:51


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
Or maybe they applied once to the DVLA and then they have used a tracing agency which is a legitimate means of getting in touch with someone.


DVLA will only allow 1 access per event. So "legitimate means" entails using a third party to cross reference various databases to guess that you are the person the DVLA identified as the RK on the event day.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1386215 · Replies: 17 · Views: 340

emanresu
Posted on: Wed, 30 May 2018 - 16:37


Member


Group: Members
Posts: 10,834
Joined: 24 Aug 2007
From: Parking Support Groups
Member No.: 13,324


QUOTE
So you recommend to ignore QDR solicitors? Thanks for the helpful advice.


You are actually a "stranger" to all this. It is not your "debt" or problem so any advice given is for you to pass onto the person whose problem it is.

Will you?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1386194 · Replies: 23 · Views: 605

429 Pages V   1 2 3 > » 

New Posts  New Replies
No New Posts  No New Replies
Hot topic  Hot Topic (New)
No new  Hot Topic (No New)
Poll  Poll (New)
No new votes  Poll (No New)
Closed  Locked Topic
Moved  Moved Topic
 

RSS Lo-Fi Version Time is now: Saturday, 23rd June 2018 - 15:59
Pepipoo uses cookies. You can find details of the cookies we use here along with links to information on how to manage them.
Please click the button to accept our cookies and hide this message. We’ll also assume that you’re happy to accept them if you continue to use the site.