Patricia Pearl - Small Claims Procedure - A Practical Guide


An excellent guide for the layperson in how to use the County Court - a must if you are intending to start a claim.

£19.99 + £1.50 (P&P)




BAILIFFS - The Law and Your Rights

Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.

The book is easy to understand and clearly explains the rights a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.

£13.95 + £2.00 (P&P)
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  1. #61
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    Default Re: CP Plus parking ticket on Morrisons car park

    Good morning,

    What a pity Anthony 1984 that you do not realise that by issuing the tickets you yourself are breaking the law.

    I recommend a read of Sections 2 and 3 of the Fraud Act 2006 - the ticket has no validity in law and in issuing it you are deceiving drivers to pay a sum of money unlawfully.
    There are no regulations governing parking enforcement on private land, BUT there are regulations governing the issuing of tickets I also recommend a read of Sections 3, 6 8, 9, and10 of the Forgery and Counterfeiting Act 1981.

    I draw your attention to the penalties for persons involved, and strongly recommend consulting a Solicitor, specialising in Criminal Law, who will be able to advise you on your own precarious position.

    By the way: According to the Bill of Rights 1689, British citizens cannot be fined if they have not been convicted in a court of law. Parking fines do not usually include an option to go to court, so if the legislation of 1689 has not been specifically repealed this also makes the parking fines illegal.

    In the meantime, have a nice day!

    As always

    Dougal


    Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!
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  2. #62
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    Default Re: CP Plus parking ticket on Morrisons car park

    anthony1984 many thanks for your post. I drive aJaguar XJ8 which is just too long to fit into a "standard" parking bay eaven if I park right up to the car in the bay in front and I cannot use a parking bay if there is a car in the bays to either side as I cannot get out of my door!

    I usually park a long way away from the store enterance and walk as there is less chance of getting your car side dinked.

    He gave me a ticket ( invoice) for using two parking bays. I should have taken a picture with my phone befor a drove away but I was so annoyed that I just left.
    Parking in two bays was acctually the front NS of my car was over the dividing line of the bays by about 10 inches. There was a barrier on my side (drivers) the bay in front was empty and the bay to the side was enpty so I couldn't see the problem. I had parked at the very end of a row at the end farthest away from the store.

    As of yet I have not received any letters or requests to pay.
    Thanks
    Richard


  3. #63
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    Default Re: CP Plus parking ticket on Morrisons car park

    For info - can you clarify something?

    If you only use the compuer to note the time elapsed, how does it know the start time (unless you go rouind having to input all the VRMs you say as an initial stage to this process?)


  4. #64
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    Default Re: CP Plus parking ticket on Morrisons car park

    Quote Originally Posted by anthony1984 View Post
    hi,
    i knw this is a very old thread but i'll make things pretty clear.

    Should be interesting!!!

    i work for these so called clowns CP plus, at a morrisons car park.
    morrisons DO pay cp plus an annual fee to have the car-park patrolled.

    More fool Morrisons.

    i wear a hi-visable car-park attendant coat so im clearly seen on the car park & patrol the car-park in putting car registration number plates into a hand held computer device.

    A High Viz jacket, that must make it all legal then, I have obviously missed that very important point.

    the device informs me if a car has over stayed by the MAXIMUM 2hours free stay time allocated for the car park, which then u get an extra 15minutes on top of that, so technically you get 2hours 15minutes free parking).

    And..............

    i dont understand how you have recieved a ticket if you was only in the store for 10minutes, it should say on the ticket the time the attendant 1st seen your car and the time the ticket was issued.

    Because the clown that issued the ticket does not know what they are doing, it is fairly obvious.

    my only guess could be that you previously came to the store earlier in the day and returned to the store with-in 3 hours meaning the attendant thinks your viercle has overstayed in the car-park.

    So what?

    The customers that shop in the morrisons where i work are regular and if they do intend to come more than once with-in 3 hours they will inform myself to avoild being issued with a ticket.

    Why do they feel the need to inform a guy with a 'high viz' jacket of anything, they must really have nothing better to do?

    my advice is, if you think or know that you have recieved a ticket unfairly then by all means fight it tooth and nail, but i can assure you that many people think CP plus is a small company and dont pursue a 15/40 fine, but in actual fact they do.

    Really, can you give us cases that you KNOW about? Not what the company tells you. A person does not have to, 'fight it tooth and nail' just ignoreicon all the rubbish your company sends them.

    the car park attendant must of been a complete and utter ****hole

    The temptation to expand on this comment is really overpowering.

    i only give tickets out if customers overstay by more than 2/half hours
    parked in a resctricted area
    causing an obstruction

    Well done you, any legal authority that you know off to back up your issue of tickets?

    if customers approach me who ive issued a ticket to i'll explain the situation & why the ticket has been issued, if they have caused an obstruction, parked in a restricted area or parked over 2 pays the fine will stay, if they have overstayed but have come and seen me, 9/10 i will voild the ticket there and then myself.

    Can you explain the legal authority you rely on, as a private company to issue fines to members of the public?

    CP plus car park attendants like myself, dont earn any commision or get any bonuses on the amount of tickets we issue. we are paid 5.80 per hour and thats it.

    Just about sums it up really.
    regards

    Please remember our troops, fighting and dying in our name. God protect them.
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  5. #65
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    Default Re: CP Plus parking ticket on Morrisons car park

    we are paid 5.80 per hour
    Minimum they can get away with so its a case of "pay peanuts get monkeys"

    Still whats one more monkey in a troop of monkeys pretending to be a legitimate company who are [problem]ming money out of innocent shoppers

    Out of curiosity Anthony1984 do they throw the high Vis Jacket as a bonus or do you have to buy your own


  6. #66
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    Default Re: CP Plus parking ticket on Morrisons car park

    CP plus car park attendants like myself, dont earn any commision or get any bonuses on the amount of tickets we issue. we are paid 5.80 per hour and thats it.
    It's a mind numbingly tedious job isn't it?

    I'd be down the pub all day instead.


  7. #67
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    Default Re: CP Plus parking ticket on Morrisons car park

    Hello

    'we are paid 5.80 per hour and thats it.'

    As a matter of interesticon Morrisons pay their lowest paid workers 6.59 per hour....

    Need I say more....

    As always

    Dougal


    Update: 2013 Following our recent (9/7/13) hearing about Bank Charges at the Court of Appeal, and refusal to grant permission to Appeal; an Application has just (23/10/2013) been made for a fresh hearing and the Court Location is yet to be confirmed!
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  8. #68
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    Default Re: CP Plus parking ticket on Morrisons car park

    I drive aJaguar XJ8 which is just too long to fit into a "standard" parking bay eaven if I park right up to the car in the bay in front and I cannot use a parking bay if there is a car in the bays to either side as I cannot get out of my door!
    Drive a people carrier so have a similar problem with spaces plotted out using a Mini as a templateicon - just part of the [problem] to catch as many people as possible and yet another argument to add to the list should a PPC ever dare take it to court

    The car park is there for motorists to use and marked out spaces should reflect the size of vehicles in use. Not suggesting every one should be big enough to accomodate a minibus but some intelligence is required by those planning the bays.

    Here of course is where we run into a problem in that "is there intelligent life in a PPC" - probably more chance of finding it on Mars or Venus.


  9. #69
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    Default Re: CP Plus parking ticket on Morrisons car park

    And, of course, you could also blame the greedy supermarkets fro trying to cram in an many parking spaces as they can without taking into consideration the size of many of today's cars.


  10. #70
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    Default Re: CP Plus parking ticket on Morrisons car park

    Had a laugh with my motorbike once. Parked on the pavement near bins - in a Morrisons CP so not taking up a car parking space, and I got a ticket. (Duly ignoredicon). Two months later, I parked in a vacant car parking space, and got a ticket (inappropriate vehicle). The following weekend I went in with my RV, and due to size used up 4 spaces. Got another ticket.

    Took them all to the store manager, handed them over and said I'd had enough of this harassment, I'm off to ASDA in fitire. Strange thing was, I was never sent a PPC letter.


  11. #71
    Basic Account Holder old rebel Novitiate

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    Default Re: CP Plus parking ticket on Morrisons car park

    Last year I had a bad experience on motorway sevice with the CP bandits.
    coming home from France with wife..Me in the van and wife in her car. We stopped and set the alarm for 90 minutes and in slightly less time than that set off again.
    3 weeks later we received a demand for 80 EACH saying that we had been there for 2 hours and 58 minutes.
    I tried to contact them without sucess, emailed but no reply. Then a serious demand arrived- money or else!!!! Wife went into a panic and paid them. 160
    No problems since until now. I trravel a lot and because of tiredness pulled into Exeter services and paid 8 charge (did'nt want a repeat)
    Then I realise as you can only pay by card which I did then I realised they have my card details on file. I intend to contact by solicitor on returning home to take advice and possibly initiate an action against them


  12. #72
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    Default Re: CP Plus parking ticket on Morrisons car park

    Save your money with a solicitor.

    What are you actually complaining about? You don't owe them anything - your wife (ill advisedly) paid the original invoices, so that matter is closed. The current one you talk of, you used your card to pay an 8 parking fee. This transaction is now complete.

    Knowing what your CC number is is irrelevant - if they take any money from you for other (possible) parking issues, they cannot help themselves - if that is what your worry is. That is fraud, and your bank will reverse the amount if you challenge it. You could also say your card number has been compromised, and they can issue a replacement card with a new number, if you wish.

    Nothing to worry about whatsoever.


  13. #73
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    Default Re: CP Plus parking ticket on Morrisons car park

    You have 6 yearsicon to make a claim to recoup the money your wife paid.


  14. #74
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    Default Re: CP Plus parking ticket on Morrisons car park

    'Recoup' ? I'm not sure this was a question being asked, but even if it was - what do you base that premise on? 6 yearsicon to claim a debt perhaps - but this was a novice sent and the service paid for.

    To later try to say actually you didn't agree with the bill, and didn't really mean to pay it and please can you have your money back, isn't going to cut it. Especially after the event.


  15. #75
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    Default Re: CP Plus parking ticket on Morrisons car park

    Quote Originally Posted by Dougal16T View Post
    I also recommend a read of Sections 3, 6 8, 9, and10 of the Forgery and Counterfeiting Act 1981.
    Interesting, I haven't seen that before. The advantage over the Fraud Act is that under that act there is no requirement for dishonesty.


  16. #76
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    Default Re: CP Plus parking ticket on Morrisons car park

    9 (h) would seem to catch a lot of large companies that use made up names on letters.


  17. #77
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    Default Re: CP Plus parking ticket on Morrisons car park

    your wife (ill advisedly) paid the original invoices, so that matter is closed.
    'Recoup' ? I'm not sure this was a question being asked, but even if it was - what do you base that premise on? 6 yearsicon to claim a debt perhaps - but this was a novice sent and the service paid for.

    To later try to say actually you didn't agree with the bill, and didn't really mean to pay it and please can you have your money back, isn't going to cut it. Especially after the event.
    Not sure you're getting the gist of this. This is 'not agreeing with the bill' - this is being tricked into paying an intentionally misleading unenforceable invoice.

    Of course you can claim back the money in small claimsicon and of course you wouldn't be just saying 'please can I have my money back'. This is contract law - since when have you been allowed to send out invoices for fake amounts and being allowed to keep it if the other party mistakenly pays it???


  18. #78
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    Default Re: CP Plus parking ticket on Morrisons car park

    Quote Originally Posted by buzby View Post
    - but this was a novice sent and the service paid for.
    Out of interesticon - what service did the novice supply ?


  19. #79
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    Default Re: CP Plus parking ticket on Morrisons car park

    (1) Afraid making payment IS agreement. To assert otherwise is that it was made under duress or harassment, and this would have to be proved first - and almost impossible to do so.

    (2) The Invoice was for services rendered - their argument being the customer agreed to the terms of parking, and when billed for the transgression then paid up. Attempting to roll this back to say there was no agreement invokes side arguments that make such recovery difficult, if not impossible.


  20. #80
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    Default Re: CP Plus parking ticket on Morrisons car park

    Sorry, that's plain incorrect.

    1.) We've seen it done for paid PPC invoices.
    2.) We've seen it done for paid clamping charges.
    3.) We've seen it done for bank charges.
    3.) Payment isn't agreement. The original contract cannot be misrepresented by one party in an attempt to coerce payment. The original contract can be examined at a later date by either party.
    4.) Their argument is indeed that the customer agreed to the terms of parking, but we all know that is baloney. Unenforceable contract clauses do not suddenly become enforceable by means of payment. Yes, agreement is an aspect of whether the sum is recoverable, but you'd have a difficult job proving payment alone is all that's needed. 'Innocently' incorrect invoices would be enforceable otherwise - an incorrect BT bill for 500 instead of 50 wouldn't become binding if the higher sum was accidently paid.



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