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SchoolRunMum
Posted on: Tue, 8 Jun 2021 - 23:28


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QUOTE
The second time I got back to my car I noticed someone waiting in one of the flats with a camera.


Sounds like a self-ticketer then. The IPC require these people to be registered with them. I wonder if that person is?

I would appeal them all and then appeal to the IAS, stating that you saw the ticketer who was a resident and you put PCM to strict proof that that person is registered with the IPC as a self ticketer because they had no identifying uniform and looked like someone taking photos for a bounty, which is banned under the IPC code of Practice and a serious issue for PCM that you will report to the IPC if they are unable to show a prima facie case that this person was a 'registered' self ticketer.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1641481 · Replies: 173 · Views: 36,742

SchoolRunMum
Posted on: Tue, 8 Jun 2021 - 23:21


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QUOTE
We are on this occasion prepared to accept the reduced amount shown above.


Was that £19.50 as well?

I would not tell any of these drivers to pay, but I'd be telling the landowners that your company refuses to go there unless they cancel this ridiculous and unjustified series of PCNs outright and make sure next time that (if they invite a firm to attend this site with vehicles) they actually warn the company and ALL drivers about the parking shark and 'rules' and not leave drivers vulnerable to this ex-clamper money-maker that they have inexplicably decided to inflict on every visitor.

Another thought - you say this is a station?

Is it the actual station car park and did your drafted appeal cause all the drivers to admit to being the driver (I hope not).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1641480 · Replies: 6 · Views: 1,622

SchoolRunMum
Posted on: Tue, 8 Jun 2021 - 22:32


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Unlikely to need a trip to court or a day off, given most cases are dealt with over the phone now.

Carry on,. see it through. When is your hearing and when is your deadline for your Witness Statement and evidence? You know, as per the hearing letter.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1641476 · Replies: 13 · Views: 1,649

SchoolRunMum
Posted on: Tue, 8 Jun 2021 - 22:28


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QUOTE
the lease gives us the exclusive right to use the parking space.


I would reply to BW Legal (NOT USING THOSE INAPPROPRIATE 'TELL US WHAT YOU EARN' REPLY FORMS) and tell them you will counterclaim for distress arising from harassment and data misuse if their client proceeds, knowing full well that this resident has exclusive use of the parking space.

This has already been tested at appeal in a case that was on all fours with this matter, on 7/9/2020, UKPC vs McCarthy. F0HW0M5V at Leeds Combined Court. Before His Honour Judge Saffman (Claimant/Respondent - UKPC - represented by Ben Leb of Stour Chambers and the Appellant Ms McCarthy attending with her lay rep, Ian Lamoureux). The report from that successful lay representative included:

''Mr Leb was cut off almost constantly by HHJ Saffman who kept bringing everything back to
primacy of the lease and the fact the Ms M had exclusive use of the space, and the parking
scheme derogated her of that right.

Mr Leb replied that it did not as she could still exclusively use the space. To which the Judge
responded that she couldn’t if she didn’t have her permit, or her visitors couldn’t as they
wouldn’t have a permit. To be fair to Mr Leb, he earned his fee. He really tried to convince
the Judge that use of the space was ‘conditional’ and so the parking scheme was allowed.
Judge Saffman was having none of it. I was in no doubt, at this point that the appeal had
succeeded and that was confirmed when the Judge stopped Mr Leb going on to his submissions
for grounds 2 and 3 by saying “you can talk about them if you want but I think you know you’ve
already lost on ground 1”
  Forum: Private Parking Tickets & Clamping · Post Preview: #1641474 · Replies: 57 · Views: 12,882

SchoolRunMum
Posted on: Tue, 8 Jun 2021 - 22:06


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Maybe those behind PPA could donate. That would be karma.

https://www.gofundme.com/f/much-ado-about-n...source=customer


Thanks again all - happy to know you two are only sitting out a yellow card slap on MSE.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1641470 · Replies: 24 · Views: 7,106

SchoolRunMum
Posted on: Tue, 8 Jun 2021 - 16:33


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Hi all,

It's nice to post on pepipoo again, even in these circumstances. I haven't been here recently as I was working full time (now stopped) and couldn't find the time to be on more than one forum for a few months, hopefully that can change again now I am sort of retired again, or at least taking the Summer off.

I wasn't at the appeal hearing but read notes about it and the costs hearing (the latter was attended by @bargepole).

Umkomaas I tried to send you a message to thank you for starting this thread, but your account doesn't allow pm's. I am really sorry to see you are currently banned from MSE and I hope that is just a yellow card for 2 weeks? You and Redx are being missed over there!

I have so far managed to raise £1650:

https://www.gofundme.com/f/much-ado-about-n...source=customer

Thankyou wholeheartedly to those who have donated to help Norma through this desperately rare situation.

Please consider sharing and/or donating during June, if I have ever helped any of the posters on here over the years because I want to recoup the money that Norma will have to borrow, and she did nothing wrong.



  Forum: Private Parking Tickets & Clamping · Post Preview: #1641411 · Replies: 24 · Views: 7,106

SchoolRunMum
Posted on: Sun, 24 May 2020 - 19:13


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This was a case where I was lay rep.

The Judgment is dynamite = 68 paragraphs demolishing OPS' conduct. Useful for other PPC cases.

One Parking Solution were warned by the Judge that they may face an application for a civil restraint order, and various parties were 'invited' by the Judge to reply about the 'suspiciously bizarre' lease and the matters that arose.

Here is the (slightly redacted for privacy of the OP) judgment, handed down by DDJ Harvey:

https://www.dropbox.com/s/ejv0ytejgnu4f57/O...202020.pdf?dl=0

Shame the Sunday Times article was so lightweight! The Brighton Argus are also interested.
  Forum: News / Press Articles · Post Preview: #1568386 · Replies: 6 · Views: 3,347

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:49


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That is not how to write a POPLA appeal, unless you want to risk losing.

You use the usual template points seen in other POPLA threads and stop looking for a similar one.

Then add your own interpretation of that sign in a separate point you write yourself, then show us the draft (including the usual template points we always use for POPLA).
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556074 · Replies: 23 · Views: 2,792

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:46


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VCS v Ward is not binding anywhere but is 'persuasive' if Judges are easily persuaded.

A Judge the other week who found in favour of a victim reported on MSE forum, read VCS v Crutchley and VCS v Ward (truly diabolical and embarrassingly 'PPC steered' decisions by Judges who allowed themselves to be led hopelessly wrong by VCS reps) and that Judge retorted 'back in the real World...'

QUOTE
The driver has not been declared and the vehicle has one other named driver who will be my lay representative at court. Is this something I should mention in my defence or can it wait until my Witness Statement ?


You never mention a plan to use a lay rep until you rock up on the day and tell the Usher who you are and that the person with you is your 'lay rep'.

Defence draft looks OK with a skim read except I couldn't see the usual point about landowner authority/no proprietary interest, as seen in all other forum defences.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556070 · Replies: 30 · Views: 7,484

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:39


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You simply respond to their email...no idea how this is not obvious?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556068 · Replies: 76 · Views: 8,997

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:37


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Just send an appeal online on day 26 so you get nearly half way there.

Read ANY other non-court-claim stage threads to find what to send; you have loads of time to read and get up to speed with how to appeal and when.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556067 · Replies: 6 · Views: 1,707

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:22


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QUOTE (KIngmonkey77 @ Mon, 9 Mar 2020 - 21:39) *
Yes, M is the first letter of my number plate.

I told them what happened and that I had kept the ticket as I was expecting this but they said no one else had a problem with the machine, I should’ve called them if I did and I broke their terms and conditions by not entering my number plate into the machine

Come back at court claims stage as this is very winnable. Read the sixth case from the bottom here:

http://www.parking-prankster.com/case-law.html

http://parking-prankster.blogspot.com/2016...transcript.html

Easy enough to handle at court stage, honestly. we will help. No risk, no CCJ, just a formal meeting at your choice of local court and the scam is over, as most people win.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556064 · Replies: 30 · Views: 3,000

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:18


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QUOTE
I've taken it to the IAS for a second appeal.

Why? You only had to Google it first to know it;s a kangaroo court and you will lose that stage. It's designed to make people pay up. Bad idea to even try IAS.

No forum recommends that at all.

QUOTE
I'm lead to believe with reject my appeal as they are in bed with EXCEL

Yep, it's run by the Trade body, for the PPCs. There is no 'adjudicator'.

Come back when you get the court claim, because that's where all cases are potentially winnable and Excel cases are very thin on evidence from their side. Guess what? Getting a court claim does not cause any CCJ as long as you defend it and follow court directions and get advice here.

There is even a template defence to download on MSE parking firm now, written for cases like this (note that MSE forum is offline tonight for maintenance as far as I can see).

No risk, no CCJ, nothing bad by following our advice. Even if someone inexplicably/unluckily falls into the 1% who lose at a hearing, they STILL have no effect on their credit rating because they'd pay the £175 odd that the Judge says...end of scam. Well worth fighting an think of small claims as the proper 'appeal' you've been seeking, only more formal - a meeting in person at your local court, with a (usually) canny and friendly Judge who knows all about PPCs and just wants to hear the evidence.

Having said who was driving is not a problem. A defence is there for everyone to beat these firms almost every time.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556062 · Replies: 5 · Views: 638

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:11


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You don't put the defence in using MCOL. Clearly this is not something new...think about it. we do defences on here and on MSE all the time. I post as coupon-mad on MSE.


Here's a copy of what we normally say to people on the forums about the next stages before that which are just standard paperwork where you choose your local court:

When you are happy with the content, your Defence can be filed via email as suggested here:

Print your Defence.

Sign it and date it.

Scan the signed document back in and save it as a pdf

Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk

Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.

Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.

Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.

Wait for your DQ from the CCBC, or download one from the internet, with it.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556060 · Replies: 37 · Views: 3,426

SchoolRunMum
Posted on: Mon, 9 Mar 2020 - 23:03


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QUOTE
The courts have replied with papers advising the matter would be best dealt with in the small claims court and mediation.

However I have no desire to mediate
Quite right. That letter is standard and there is nothing to Mediate - you owe nothing.

You don't get a choice pf Magistrates court, it's small claims and CEL will likely discontinue when you file & serve a decent witness statement and evidence, including the HMRC v NCP court transcript about the green button, which covers when a contract actually starts in a pay & display car park. It's not on arrival.

This is the same as all the other CEL cases you read here, and posters here win, or CEL discontinue...the only difference is, you came here very late...what did your defence say (word for word, please)?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1556058 · Replies: 12 · Views: 888

SchoolRunMum
Posted on: Wed, 4 Mar 2020 - 18:15


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Update to make sure you all are aware that Lamilad did the same thing last week at Skipton, with the same result, this time beating Excel's barrister:

https://forums.moneysavingexpert.com/discus...60-was-added/p1

And on MSE, for all parking claims except those that don't add fake 'contractual/debt collection costs' (ParkingEye exempt, then) a new template defence can be downloaded, which is longer than normal but now attacks the abuse of process and shows the Orders and Judgments from Skipton, Soton & Warwick to try to make other Judges sing from the same hymnsheet:


https://forums.moneysavingexpert.com/discus...-admin-costs/p1


Bargepole created a more concise version that also attacks the abuse of process first, and appends transcripts (which we've never done with a defence before) but I can't do 'concise' so MSE has the longer version I wrote.

We also encourage people to attach the SAME three Orders/Judgments to the DQ N180 when emailing it to the CCBC and the Claimant/their solicitor, because it will save printing out later, is indisputably served with the defence and/or DQ, and the hope is that when a Judge looks to allocate...they might not allocate the claim at all.

The CCBC need to start striking these out.

  Forum: Completed Case Summaries · Post Preview: #1554727 · Replies: 11 · Views: 28,858

SchoolRunMum
Posted on: Wed, 26 Feb 2020 - 00:23


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Full transcript now available, paid for by BW Legal, who are now out of time to appeal and the cases all remain struck out.

Other Judges at courts at Warwick (DDJ Josephs) and Skipton (DJ Fay Wright) are using the same reasoning to strike out all exaggerated parking case claims.

Hopefully this link works:


Britannia Parking v Crosby & Anor - full proceedings & judgment 11.11.19


On MSE I am suggesting that people append the last 6 pages (the approved judgment itself from DJ Grand) to their defences except if a claim does not include added damages/debt collection costs. At the moment that means this can be used to try to get Judges to strike parking claims out, without a hearing, in very case except ParkingEye ones.
  Forum: Completed Case Summaries · Post Preview: #1552959 · Replies: 11 · Views: 28,858

SchoolRunMum
Posted on: Wed, 29 Jan 2020 - 00:14


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QUOTE
the management co have put in regulations that they apparently can (which was on behalf of the residents who voted for parking management - there was a majority who wanted the PPC).


No they didn't.

Ask the management co for evidence of that consensus vote. The wise money says, it didn't happen.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1546050 · Replies: 28 · Views: 2,792

SchoolRunMum
Posted on: Wed, 29 Jan 2020 - 00:11


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Yes, do the above on day 26, and CP Plus will give up, as they recognise the MSE appeal template and they don't use the POFA. No implying who the driver was, of course.

If there was no pay & display machine or overstay involved then replace the middle bit of the MSE blue template with this instead:

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to deliver the notice within the relevant period of 14 days as prescribed by section 9 (4) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1546047 · Replies: 24 · Views: 2,529

SchoolRunMum
Posted on: Mon, 27 Jan 2020 - 14:26


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Did the disabled person represent themselves? If not, who lay repped?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1545513 · Replies: 19 · Views: 3,437

SchoolRunMum
Posted on: Sun, 26 Jan 2020 - 21:09


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This is great to read. Well done.

Which court? And Judge?

And are you planning on getting a transcript of the hearing?

It would be so very useful to others and you just need to ask the court and contact their transcription service, which costs a fee depending on the length of the hearing. I am currently awaiting a Defendant getting and sending me the transcript of the November Southampton hearing about why two statute laws and the Beavis case means PPCs can't add pseudo 'admin/debt collection' sums to parking charges.

We need to encourage more people to get transcripts where the decision is useful to other victims.

Well done again.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1545363 · Replies: 19 · Views: 3,437

SchoolRunMum
Posted on: Mon, 2 Dec 2019 - 02:01


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QUOTE
The documents were served on the 29th Oct so would tomorrow be the 33rd day?

What do you mean they were 'served' then?

What was the Issue date of the claim and when did you do the AOS (exact days)?

QUOTE
Is my defence focusing just on the legal issues (no signature etc) or should I mention the lack of paperwork before the court claim?
You are surely not talking about a 'wet ink signature' (I hope). And either would be daft, seeing as neither of the things you say are any facts of defence at all. You said you've read the NEWBIES thread (on MSE I assume) where there are 17 example defences to pick and adapt some wording from, plus on both MSE and here, there are shedloads of recent CEL defence examples that you could copy/adapt and have done and emailed to the CCBC within an hour.

Get on with it, given that you posted over a weekend and had 3 days to get the defence in before the next working day. DO NOT WASTE TIME ASKING US HERE FIRST.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1534318 · Replies: 2 · Views: 735

SchoolRunMum
Posted on: Sun, 24 Nov 2019 - 02:42


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PPS Tabernacle Street thread here on MSE forum right now (a March 2016 PCN) has some observations about the sign giving two different parking firm's names and misleading about being in the BPA AOS at the time:

https://forums.moneysavingexpert.com/showth...d.php?t=6073162

So the sign you showed us is like that persons, and it shows PPS and Napier, who BOTH jumped ship from the BPA and joined the IPC on 1.3.16.

So how come they still relied upon a confusing 'is it Napier, or is it PPS?' contractual sign that carried the BPA AOS roundel at the bottom, nearly 18 months later, in July 2017? Did you take that pic in 2017 or was it in their 'evidence' at the time?

That thread is ahead of you and we've been working on a witness statement prior to their hearing. I'd bookmark that thread if I were you, to check the outcome.

I am in two minds about what the recipient of the letter should do, as the normal advice at LBC stage is to send the parking firm a SAR but if the person did that, then they'd be asked to prove they are the right data subject by sending some form of ID that would give their actual address...and by asking for a SAR you'd be getting them to look closer at their data and photos and they might then put right the VRN error in the letters.

On balance, as long as post is being delivered and picked up QUICKLY from that defunct company address, in your case I would do nothing until the claim arrives, which will hopefully still have the partially wrong VRN in the particulars and a ludicrous amount around £300 for a £90 PCN issued with incorrect, ambiguous and non-compliant signs which breach the:

- KADOE
- Trade Body rules
- POFA 2012 Schedule 4
- Consumer Rights Act 2015 Schedule 2



  Forum: Private Parking Tickets & Clamping · Post Preview: #1532462 · Replies: 48 · Views: 8,396

SchoolRunMum
Posted on: Sat, 16 Nov 2019 - 22:47


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QUOTE
He then moved onto the ticket and NTK. He literally went through the PoFA and listed the nine points the hospital had failed to comply. He was really unhappy about a statement from David Jenkins, the Trust transport manager, basically admitting several of the breaches but saying they were inconsequential.

He then said "All these [nine] flaws would seem to be fatal to your case? ".

OUH solicitor said "Well if you think they are of substance than yes. ". The judge said he was only ruling on failure to comply with PoFA as there was no need to consider contract.

So claim struck out


Brilliant! ''if the judge thinks STATUTE LAW is of substance'' in a case where the keeper wasn't driving?! Are Trethowans joking?

A Judge who gets the POFA Schedule 4! It seems the Judges at Oxford are good re PPC scams, as I saw this win reported on MSE this week as well:

https://forums.moneysavingexpert.com/showth...73#post76500473

They said their Judge was DJ Devlin and ''The judge was well prepared, i did not read my statement. case dismissed.''

Was yours Judge Devlin?

By the way you have REALLY hit the nail on the head with this observation about how they are getting around any ATA and proper appeals requirements:

QUOTE (notmeatloaf @ Sat, 13 Apr 2019 - 22:34) *
They have a highly unsatisfactory situation where the Trust, as the landowner, notionally apply for the keeper details from the DVLA. However, Trethowans handle all contact - if you try to contact the Trust they refuse and direct you towards Trethowans.

Effectively Trethowans are acting as a PPC offering self ticketing, but ducking the trade association requirement the DVLA imposes.


Agreed. Do the local Councillors and MPs know this/ It is pretty shocking that the DVLA release data under these particular circumstances. If we can suss it, so should they.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1530724 · Replies: 63 · Views: 8,810

SchoolRunMum
Posted on: Thu, 14 Nov 2019 - 22:41


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We say go and read ANY other WING case, as they have a 3 stage appeal and they CANNOT hold a registered keeper liable. 100% WINNABLE AT POPLA FOR THE KEEPER.

SO NO APPEALING AS THE DRIVER BLABBING ABOUT WHAT YOU DID...!!

And no asking us about the second stage...please read other threads you have to repeat the same template appeal TWICE (the first one SLOWLY on day 26, and the second appeal more quickly as that only allows a few days, before you get a POPLA code to win by relying on the lack of KEEPER LIABILITY.

Even if you are not forum savvy you can Google to find forum posts about who to win a 3 stage WING appeal about no keeper liability. Very easy to copy any other one!
  Forum: Private Parking Tickets & Clamping · Post Preview: #1530303 · Replies: 2 · Views: 739

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