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    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
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      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

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Wrong car colour so is the ticket lawful ???


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I unfortunately got a parking ticket for overstaying on a ticket in Nottingham (expired time). Fairs fair I was in the wrong (chatting too much!), but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)

 

Can I refuse to pay under the premise the ticket had incorrect details?

 

Any help appreciated.

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I would think the ticket is invalid.

 

I once got a ticket with the wrong make of vehicle recorded - parking attendent had put down Hyundai when I drive an Honda. I challenged it with council stating that though the registration number was correct that if they checked they would see that the vehicle was an Honda. I didn't admit anything in my letter to them - just stated the facts and that the ticket was therefore invalid. I was successful - ticket quashed!

 

You might be in with a chance here as colour must be correct too. If your registration document states red then it's red. Nothing to lose by challenging it within 14 days. Wise to send letter by recorded delivery, only costs about a pound, then you have proof that you challenged within time limit. Good luck!

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  • 2 weeks later...
....but on the ticket it states colour of car as Brown, when it is in-fact Red (a dirty red all beit!). (NB the reg number was correct though)

 

If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid. :)

But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a PCN. (or other colours that you can imagine.)

Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.

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  • 2 years later...

I think you will be very lucky to have a ticket cancelled on the basis of colour alone.

What one person sees as red another may well see it as brown.

Good luck anyway.

regards

Please remember our troops, fighting and dying in our name. God protect them.

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thanks for advice.as my wife was in a meeting she was 4 mins over time on the ticket displayed.the people who she was been interviewed by sent her a letter saying it was unavoidable she was delayed so i sent that off with the pcn.havent heard anything yet and that was monday.probably looks like im not getting away with this one maybe im clutching at straws.as my wife isnt working at the mo and we have two children maybe they can see our financial situation and maybe show a compassionate side.we are struggling with just my wage coming in.

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  • 1 month later...

It has often been pointed out that the colour of the car is not legally required although is usually included presumably to assist any doubt on which car was involved, so no, I think you will find this in itself is not grounds for appeal.

 

Informal appeals regarding wrong colour have somtimes been allowed which I would say would come under the reason of "council goodwill" (wow! there's a rare commodity) but if you appeal on this and get it rejected I would see little point in bring that alone to an adjudicator.

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  • 2 years later...
If the colour of the car is wrong, then it's not only challengable, it's also invalid....BUT, the colours on the DAP (or preprinted ticket) aren't as vast as the coulours of the cars available today. This is why in training we are taught to put the closest colour to our personal knowledge as there are no 'off silvers' or 'slight greys'...'aqua-marine' etc etc.... silver/grey, blue/green (bluey green), red/brown....depends on the shade of your car. Without seeing it, it's really hard to tell. If for example your car was blue and he put brown, then YES, it's invalid. :)

But if your car isn't your average run of the mill, lucious cherry red, and it is in fact a dirty darker red, then brown may stand because on a technicality...there are no shades of red that can be added to a PCN. (or other colours that you can imagine.)

Try challenging it...you may get lucky. Get your car washed, take photos (in bright weather to make it look lighter) and submit them with your letter. Worth a shot perhaps.

 

Sorry I'm new to this just signed up! I have had similar situation as I used my fathers car to go to my GP and I'm disabled . No parking facilities available for either disabled or otherwise near GP so I parked on a very wide pavement off the road but with plenty of room for fellow disabled access and walkway. The PCN stated the car is black but it is registered Silver. I sent an appeal and received a response with no reference to colour but instead they upheld the fine! Should I appeal further I will have to pay the full fine please help and advise what to do next - it is bad enough trying to park with a mobility problem and I would have had to park a very long way from the doctors . I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?

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I was not restricting or obstructing anything and all four wheels were on the very large pavement where you could have parked 2 vehicles! What can I do?

 

Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.

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I wouldn't appeal further as you'll forfeit the discount and are unlikely to win. I don't really understand why you had to use the pavement, but if you really had no choice, that would be a better line of appeal in my view.

 

Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!

Thanks for your help

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Footways are designed and constructed for pedestrians not for use as a car park, it costs Councils and utility companies millions a year repairing the damage caused to footways and underground pipes/cables. A footway is usually contructed of a concrete paving slab resting on a bed of sand if that was a suitable surface to use for cars roads would not be several feet of hardcore and concrete topped with tarmac.

 

Hi Green and Mean - please c my response below -- parking is permitted for residents on the pavement at certain hours!

This is because there is just nowhere else to park for residents, visitors or those attending doctor appointments. Thanks anyway

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Hi,thank you for your advice. There really was no choice - no parking spaces available in the vicinity and the pavement is wide enough for two cars parked sideways. In fact residents are allowed to park on the pavement at specific times in the same road! I will pay reluctantly to avoid high cost of ticket I guess - it is so unreasonable as there is only one disabled bay at the front of the doctors. It was in Barking and disabled bays have disappears in the last couple of years! I think I will write to the MP as it looks like new plans for the area will mean further problems for the disabled. If abled body would just understand how difficult it is for the disabled and not park in disabled bays that would help! Especially at supermarkets!

Thanks for your help

 

This is something which should be raised with the local council. They should look into installing more disabled bays, as per the requirements of the DDA. It is often the case that councils are simply unaware of issues like this, until someone brings them up and requests they take a look.

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  • 11 months later...

I recently parked on a double yellow line whilst displaying a blue badge, by mistake i overstayed my 3 hours & was issued with a penalty notice.

My car is gold coloured & this is plain to see on the evidence photographs, however the ticket states colour as silver.

being very new to this situation, i am wondering if i should challenge this fine ?. or do i just save time & pay up.

any advise would be appreciated.

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I recently parked on a double yellow line whilst displaying a blue badge, by mistake i overstayed my 3 hours & was issued with a penalty notice.

My car is gold coloured & this is plain to see on the evidence photographs, however the ticket states colour as silver.

being very new to this situation, i am wondering if i should challenge this fine ?. or do i just save time & pay up.

any advise would be appreciated.

The original thread is over 3 years old so maybe better starting your own thread.

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