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Lilypad1

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  1. Hi Not sure this is correct place? But is LA? there’s been a notice on the street to make part of the street to double yellow lines 5m before and 15m past the corner. A neighbour told me but the notice has been removed. This I think is due to the bus very occasionally having an issue getting round the corner. Part of the corner is already double yellows and we as residents don’t want this extending. There was an incident a few months ago when someone wouldn’t move the for the bus, then the bus broke down and the road was blocked by the bus for a while. The street is opposite the tram station, and parking is a nightmare already. Lots don’t have drives and many are elderly and need carers etc. It’s a 20 mph limit street. Many advice on how to appeal this? Thanks
  2. Hi there’s been a notice on the street to make part of the street to double yellow lines 5m before and 15m past the corner. A neighbour told me but the notice has been removed. This I think is due to the bus very occasionally having an issue getting round the corner. Part of the corner is already double yellows and we as residents don’t want this extending. There was an incident a few months ago when someone wouldn’t move the for the bus, then the bus broke down and the road was blocked by the bus for a while. The street is opposite the tram station, and parking is a nightmare already. Lots don’t have drives and many are elderly and need carers etc. It’s a 20 mph limit street. Many advice on how to appeal this? Thanks
  3. The judge removed points 3 and 4 of the consent order which were 3. allocated to small all claims track - allocated directions 4. no order as to Costs I’m not sure what 4 actually means so does that mean I can apply for costs? Will the the judge not look at any of the claim then? Do I need to be clued up on the contract in case? As I’m not entirely sure why it isn’t a contract. Mr Booth who won his case on the signs and the the contract wasn’t valid. He said Their contract dated 2009 (same as I gave) isn’t a contract. It is a notice of intention? Thanks
  4. Hi dx many thanks for your help with this the hearing is tomorrow I called the court last week and asked it to be struck out they said I could send an email requesting this but the hearing will take place and this will be considered at the hearing I did call BW when this was first resurrected but they weren’t interested The other thing is I would like to recover my costs is it best to actually attend? I would like to ask for my set aside fees returned for both of the cases - is this possible? Thanks
  5. PHOTOS OF CARPARK The main sign at the entrance is on the left passenger side and refers to terms on another sign 1B690C43-C7A9-49FD-BC43-ADFD7DAD6F46.pdf 68CJ.pdf
  6. Ok sorry for that I’m a complete technophobe! I was granted a set aside without paying the fee again after as I sent in the info in section 1 of my WS above. I spoke to the court and on here too and was advised to send in all info I had ie both consent orders, my original defence submissions, the email from judge Osborne accepting the set aside etc and ask a judge to look at it. It was then given a set aside. I had paid 2 set aside fees in 2017 so I didn’t see why I should pay again in answer to your questions I had two consent orders for both cases in 2017 that both excel and I signed. I had to send in my defence for both which I did, but this one didn’t get registered on the file for some reason. it seems to me this is the reason only one got discontinued. I presumed both were discontinued as they had been dealt with together which I specifically requested in my original n244, I requested the same hearing etc. Both CCJ’s were removed in 2017 My reason for not getting the court forms is that I had moved from the address. I will PM you this as it’s sensitive
  7. Hi I have PM you the consent order for the original set aside for this case from 2017. It’s confusing but it appears my defence for this one wasn’t registered although it was sent to court. The other one of the two cases I got a discontinuance for, presumably this is due to the defence not being on file for this one. this year I was told I had to do another set aside as it went to old address and I had a CCJ. I wrote to court explaining all this and sent them the original docs in the first part of my WS -consent orders, the one discontinuance letter from Excel, email of my original defence to Bury court (they said it’s not on file) I can’t find the court letter sorry
  8. I’m trying to screen shot the emails from court etc but if says it can’t attach it’s not the right format? This consent order is for the original set aside in 2016/2017 hearing was set then discontinued consent order ccJ99.pdf
  9. I don’t have a computer so I can’t send the consent order but I copied the wording earlier in the post in reply to Ericsbrother I can attach it but will have to go to the library tomorrow to scan it and then send as an attachment, unless there’s another way off a phone? I have it as an attachment on an email
  10. Thanks so much! 1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission. 2. Excel are trying to say I’m dishonest. Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge Q Any comments? Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again? *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous. I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark, He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it. Q So is it ok to use such websites and to use photos from someone else? Thanks I put Excel to strict proof that any contract can exist *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply This is the link to Mr Booth case who won on the signage Also the PCN is completely blurred and illegible in their WS evidence Is this another point? I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1 He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.
  11. Hi so I’m confused about this bit what do you suggest I add to my WS is this ok?..... The claimant have not provided sufficient evidence of a contract, there is no proof the contract was paid for in 2015, only a written contract in 2009. There is also no evidence of permission from the council to vary the 2-3 hours free parking from the original PP and only the council can vary this. I put Excel to strict proof can i I add this now to my WS as hearing is tue? So relevant to this I think is the Beavis case. Excel / BW refer to this in their WS So this is the thread I just read about it.....Any advice? Posted August 9, 2016 Hi and thank you for your interesting post. I (and others) will argue otherwise. The Beavis case was about one particular car park where Parking Eye paid the landowner to manage a free car park. In this case it was in PE's interest to be able to charge the £85 quoted. It is my understanding that the judges stressed that the judgement was for the one car park and would not necessarily negate other claims. For instance, where a company manages a car park and pays no fee to the landowner, this would be different to the Beavis case. Also, pay and display would not count as a fee would have been paid to park. There are many variables to accurately give the same advice in every case. Parking Eye have still lost cases since the judgement so while I accept what you have mentioned, all is not lost #6 andyorch Posted August 10, 2016 I have temporarily opened this sticky for further opinions as concerns have been raised with regards to the contents of the proposed defence..Once its been finalised and agreed I will remove any posts to a discussion thread. Regards Andy Send Sticky Note steampowered 3,176 #7 Posted August 19, 2016 Hello - I've updated the sticky to take account of the decision in Beavis. The basic message is that it is much more difficult to defend these claims now on the ground that the charge is a penalty, but there are still other challenges which should be made (e.g. if the signage was unclear or the parking company can't prove when you entered/left the car park
  12. do excel need to provide proof they paid for the contract with the landowner in 2015? can I say this contract is not enough evidence? Can I still claim no locus standi on this? Not sure what you mean about having council permission to vary the 2-3 hours they grant for free parking on the original PP? Is this something I should add to my WS? I know there is no planning permission and I have an email from the council to confirm that. The signs on the car park say 1 hour free with a ticket. thanks
  13. I cant seem to attach the signs but they are only 3.95MB ? This is the link to Excel v's booth won and he gave me all his info and photos etc http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html https://www.consumeractiongroup.co.uk/topic/400489-excelbw-claimform-bury-new-road-manchester/
  14. Hi yes mine is in They had the original one from 2017, which is what Excel are commenting on, however I wasn't sure if this was ok. My updated WS was sent in 12 days prior to the hearing but the court said that was ok. I will attach that too if useful? their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start. stated that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time they question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous. I do also know somebody who had PCN from the same carpark, He gave me all his evidence etc, Mr Booth and he won his case. defence.pdf DEfendants WS.pdf
  15. Hi ok thanks for replies. I had trouble finding how to reply on my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue Date of issue What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc What is the value of the claim? original ticket was £100 plus additional fees so its at £255 Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking In the mean time my outline defence is: No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start. Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later Signage not a transparent contract insufficient in terms of their distribution wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999. The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission. The signs do not fall under deemed consent. * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge THANKS FOR YOUR HELP x You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible Hi this is their WS and map of carpark showing sign positions WS_Excel_and_map.pdf
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