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emanresu
Posted on: Tue, 11 Dec 2018 - 16:04


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This thread has gone away from my original question which was the issue of Brexit on ex-pat property in the EU. The comments about ending free movement of EU nationals after March 2019 is (or should have been) reciprocal. Unless an ex-pat has "settled status" or have a work visa, they are restricted to 90 days. The same as in the UK.

Additionally in the UK if you have "settled status" and leave the UK for more than 2 years you lose that right - which may be the same in the EU. May has given a gift away by saying that EU nationals already here can stay which resulted in some amusement for the Polish Prime Minister when it was announced as it is not reciprocal.

So what are ex-pats planning to do given they may only have 90 days or if they have settled status, they could lose it.
  Forum: The Flame Pit · Post Preview: #1441459 · Replies: 54 · Views: 1,210

emanresu
Posted on: Mon, 10 Dec 2018 - 10:32


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Government and partners are looking at how TRO's can become digital. See here if you need to comment

https://www.geoplace.co.uk/trodiscovery

If they were digital, hoovering up the motorists' cash becomes more effective (a.k.a. profitable).
  Forum: Government Policy · Post Preview: #1440993 · Replies: 2 · Views: 104

emanresu
Posted on: Mon, 3 Dec 2018 - 18:21


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Since Ireland is in the Common Travel area, then no visa required. However it is not clear what reciprocal arrangements will be in place after 2020. In any case without a legal binding arrangement, politicians promises are "aspirations" and not a contractual promise. Which is why politicians are never sued for breaking them.

Still wondering how much cheap property will be coming onto the market through distressed sales. Spain and France are the obvious ones but Italy may be a worthwhile punt - assuming they don't leave (or be thrown out) the EU.
  Forum: The Flame Pit · Post Preview: #1439238 · Replies: 54 · Views: 1,210

emanresu
Posted on: Sun, 2 Dec 2018 - 14:06


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I know we are all sick of it but it has posed an interesting dilemma for my holiday booking over the next few years.

There are a few people I know who have property in France/Spain and are considering selling up and moving back. Part of the reason is the uncertainty over free movement. At present if you want to travel in a Schengen area you have to have a visa (something that should apply to the UK after transition) but the visa is only for 90 days. OK if you just want short holidays but impossible to use if you want to stay longer.

There is the possibility of some cheap overseas property coming onto the market (a benefit) but a restriction on using it (consequence)

Any ex-pats out there?
  Forum: The Flame Pit · Post Preview: #1438940 · Replies: 54 · Views: 1,210

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: 547

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: 834

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: 757

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: 289

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: 90 · Views: 3,635

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: 90 · Views: 3,635

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: 719

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: 198

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: 90 · Views: 3,635

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: 90 · Views: 3,635

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: 90 · Views: 3,635

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: 719

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: 90 · Views: 3,635

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: 90 · Views: 3,635

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: 90 · Views: 3,635

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: 1,322

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: 1,322

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: 5,603

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: 5,603

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: 328

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: 358

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