Jump to content


  • Tweets

  • Posts

    • Thank you for that "read me", It's a lot to digest, lots of legal procedure. There was one thing that I was going to mention to you,  but in one of the conversations in that thread it was mentioned that there may be spies on the Forum,  this is something that I've read quite some time ago in a previous thread. What I had in mind was to wait for the thirty days after their reply to my CCA request and then send the unenforceable letter. I was hoping that an absence of signature could be the Silver Bullet but it seems that there are lot of layers to peel on this Onion.  
    • love the extra £1000 charge for confidentialy there BF   Also OP even if they don't offer OOC it doesn't mean your claim isn't good. I had 3 against EVRi that were heard over the last 3 weeks. They sent me emails asking me to discontinue as I wouldn't win. Went infront of a judge and won all 3.    Just remember the law is on your side. The judges will be aware of this.   Where you can its important to try to point out at the hearing the specific part of the contract they breached. I found this was very helpful and the Judge made reference to it when they gave their judgements and it seemed this was pretty important as once you have identified a specific breach the matter turns straight to liability. From there its a case of pointing out the unlawfullness of their insurance and then that should be it.
    • I know dx and thanks again for yours and others help. I was 99.999% certain last payment was over six years ago if not longer.  👍
    • Paragraph 23 – "standard industry practice" – put this in bold type. They are stupid to rely on this and we might as well carry on emphasising how stupid they are. I wonder why they could even have begun to think some kind of compelling argument – "the other boys do it so I do it as well…" Same with paragraph 26   Paragraph 45 – The Defendants have so far been unable to produce any judgements at any level which disagree with the three judgements…  …court, but I would respectfully request…   Just the few amendments above – and I think it's fine. I think you should stick to the format that you are using. This has been used lots of times and has even been applauded by judges for being meticulous and clear. You aren't a professional. Nobody is expecting professional standards and although it's important that you understand exactly what you are doing – you don't really want to come over to the judge that you have done this kind of thing before. As a litigant in person you get a certain licence/leeway from judges and that is helpful to you – especially if you are facing a professional advocate. The way this is laid out is far clearer than the mess that you will get from EVRi. Quite frankly they undermine their own credibility by trying to say that they should win simply because it is "standard industry practice". It wouldn't at all surprise me if EVRi make you a last moment offer of the entire value of your claim partly to avoid judgement and also partly to avoid the embarrassment of having this kind of rubbish exposed in court. If they do happen to do that, then you should make sure that they pay everything. If they suddenly make you an out-of-court offer and this means that they are worried that they are going to lose and so you must make sure that you get every penny – interest, costs – everything you claimed. Finally, if they do make you an out-of-court offer they will try to sign you up to a confidentiality agreement. The answer to that is absolutely – No. It's not part of the claim and if they want to settle then they settle the claim as it stands and don't try add anything on. If they want confidentiality then that will cost an extra £1000. If they don't like it then they can go do the other thing. Once you have made the amendments suggested above – it should be the final version. court,. I don't think we are going to make any more changes. Your next job good to make sure that you are completely familiar with it all. That you understand the arguments. Have you made a court familiarisation visit?
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • We have finally managed to obtain the transcript of this case.

      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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
        • Like
  • Recommended Topics

Wrong car colour so is the ticket lawful ???


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4095 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

Link to post
Share on other sites

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!

Link to post
Share on other sites

  • 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.

Link to post
Share on other sites

  • 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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 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.

Link to post
Share on other sites

  • 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?

Link to post
Share on other sites

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

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

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • 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.

Link to post
Share on other sites

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.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...