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    • 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?
    • just type no need to keep hitting quote... as has already been said, they use their own criteria. if a person is not stated as linked to you on your file then no cant hurt you. not all creditors use every CRA provider, there are only 3 main credit file providers mind, the rest are just 3rd party data sharers. if you already have revolving credit on your file there is no need to apply for anything just 'because' you need to show you can handle money. if you have bank account(s) and a mortgage which you are servicing (paying) then nothing more can improve your score, despite what these 'scam' sites claiml  its all a CON!!  
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Asda Car park


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Guest Gertie100

Anyone listen to radio 5 approx 5.30pm yesterday?

Apparently Asda are going to start ticketing / clamping people who abuse the disabled / parent & child parking spaces (and I don't mean standing there and shouting at the space :-D :-D )

 

The presenter clearly asked if they had the right to do this, and the answer was yes, because the car parks were private and run by a management firm who are registered with the DVLA.

The pilot scheme ran in Liverpool, and is just about to be rolled out in London before it hits all asda stores.

 

I shop in Asda, but do not park in disabled or parent/child (unless my girl is with me). However there are rumblings in our local town that Asda are going to put a limit on the time in which you can park in their car park. The shop is in the middle of the town centre and people park there regardless of whether or not they are visiting the shop because as far as Joe Public is concerned it is simply another town centre car park.

So it wouldn't surprise if eventually they also tagged this restriction to the abuse of restricted spaces.

 

Question is in a nutshell:

Do Asda have any rights at all to apply charges for any of the above.

Currently the car park is free - as are all the car parks in my town.

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I am totally support Asda and would gladly provide my services free of charge to issue tickets to people who have no consideration for others.

I have noticed that most abusers drive very expensive cars or 4x4`s

which they can`t park due to there inability to control the vehicle.

I would also clamp the vehicles and get immediate payment thus saving paper work appeals etc.

Good make the fine £500 £400 for charity

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Guest Gertie100

So they can not ticket / clamp people who park in spaces they shouldn't?

 

IIIuminate - I'm going to ignore your post as that is not what the question was about. Go start your own thread instead of hi jacking everyone elses.

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The land belongs to Asda and by using there land you are entering into a contract.

 

Very unlikely. The land will belong to ASDA's landlord in most cases. And it will be their land.

 

You cannot enter into a contract (implied or otherwise) merely by being present on the land. There must be adequate, legal and enforceable, signage to provide the terms of any implied contract and these should be available to the driver before they park. It could then be held that the driver, by parking, has made an informed acceptance of the implied contract. Note than any such contract can only be with the driver and not the RK as RK.

 

I suggest that you read up on private parking on the forum before posting. That way you will have a much better understanding of what can and what can't be done about parking on private land.

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Naturally the owner of the land can try to do anything they want within reason, but noticed this article today and PMSL.

 

Whoops!

 

ASDA to fine drivers in wrong parking bay

 

ASDA is to fine drivers for the misuse of disabled and parent and child parking bays in its car park at the Crumbles Retail Park.

 

All profits generated from the fines will go back to baby charity Tommy's and Motability, the leading car scheme for disabled people.

 

The move, which is part of a national policy from the group, will see abusers fined £60 for parking in parent and child and disabled spaces and comes into force over the next few weeks.

 

The scheme was trialled in the north, and when surveyed four out of five ASDA customers supported rolling out the scheme nationwide.

 

The trial, which lasted three months' operated in six stores in Liverpool. As a result the number of free parking spaces increased by more than 60 per cent for disabled drivers and parents with young children.

 

A spokesman said, "At ASDA we have decided to take a stand to keep specialised parking spaces available to those customers that need them.

 

"Most customers using these bays without good reason don't realise their actions impact on people who rely on them to do their weekly shop.

 

"We are not handing out tickets to make a profit as money raised will go back to charity.

 

"Signs in all stores will clearly state that you will get a fine if you park here unnecessarily.

 

"We would encourage anyone who manages a car park to take our lead."

 

Jane Brewin, chief executive of Tommy's, the baby charity, said, "A routine trip to the shops can turn into a nightmare for some parents — especially when they don't have adequate parking spaces and other much-needed parent and baby services made available to them.

 

"Tommy's believes that organisations that claim to put the needs of parents first should seriously look at their parking policy for parents to uncover whether their schemes actually work in practice.

 

"ASDA is setting a great example by ensuring that supermarkets are as accessible for parents as possible, by penalising those who exploit bays specifically reserved for parents with young children.

 

"Putting fines in place for parking misuse is a bold move by ASDA but is the right one for giving parents with young children a helping hand."

 

From the Eastbourne Herald 11/1/08

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This

parent and child
and this

parents with young children.
are not synonymous.

 

Parent/child spaces have no parallel in highway parking - unlike disabled spaces.

 

If I take my 86 year-old mother or my 22 year-old son shopping, I presume that I can use a parent and child space?

 

At what point does a child cease to be 'young'; by definition a child nust be younger than the (natural) parent?

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I am totally support Asda and would gladly provide my services free of charge to issue tickets to people who have no consideration for others.

I have noticed that most abusers drive very expensive cars or 4x4`s

which they can`t park due to there inability to control the vehicle.

I would also clamp the vehicles and get immediate payment thus saving paper work appeals etc.

Good make the fine £500 £400 for charity

 

I have never heard such a load of bowlarks in all my life :shock:

Tip us a wink on my scales if you think I may have helped at all;)

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If I take my 86 year-old mother or my 22 year-old son shopping, I presume that I can use a parent and child space?

 

At what point does a child cease to be 'young'; by definition a child nust be younger than the (natural) parent?

 

Absolutely.

 

I have no qualms about using parent and child parking spaces when visiting a supermarket with my 9 year old and where there are no unmarked bays available. I am a customer, spending money in their store and profiting them by doing so. They earn no less from me than they would from somebody with a smaller child so I am not depriving the store of money, nor greatly inconveniencing anybody else, and there is no signage to suggest any age limit for use of such spaces.

Any advice given is done so on the assumption that recipients will also take professional advice where appropriate.

 

PLEASE HELP US TO KEEP THIS SITE RUNNING

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The presenter clearly asked if they had the right to do this, and the answer was yes, because the car parks were private and run by a management firm who are registered with the DVLA.

 

Registered with the DVLA - thats nice. That means they can get the RK details from the DVLA.

 

I wonder if they are registered with the SIA? They need to be if they are going to clamp people.

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Supermarkets are very sensitive to prices and profit margins, which is why they are continually having price wars with each other through the press.All it needs for every one to write to their local newspaper saying they will take their custom elsewhere for this nonsense to be stopped'

I wonder if Asda will in future include in their newspaper adverts that their 'fines' for parking and shopping with them are cheaper than Tesco's.:rolleyes:

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ASDA's have a store in Bedminster Bristol right in the middle of the Bedminster shopping area. This of course is very attractive to other shoppers. ASDA's deal with this by charging, unless you have a receipt for making a purchase in their store at that time. Incidently this was common practice in some car parks in the U S where the car park had agreements with local businesses. An idea that shoul be adopted in this country perhaps.

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Is asda simply being led by the reaction to the introduction by Tesco of ANPR cameras into 99% of their car parks, IE no real adverse reaction !.

 

My local asda is in a town centre, and has had ticketing or a 'civil car parking charge' as they like to call it for about 3 years now.

 

First Tesco, now Asda - only a matter of time until Sainsburys decides to go the same way. At least they seem to be donating it to charity rather than using it to line their pockets.

All opinions & information are the personal view of the poster, and are not that of any organisation, company or employer. Any information disclosed by the poster is for personal use only. Permission to process this data under the Data Protection act is NOT GIVEN to any company, only personal readers.

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First Tesco, now Asda - only a matter of time until Sainsburys decides to go the same way. At least they seem to be donating it to charity rather than using it to line their pockets.

 

I am very cynical about this statement.Asda say the Profits will go to charity; i.e what is left after expenses are paid. These could be anything up to 99% of the penalty charges, leaving 1% to charity.I would be much happier if they said ALL charges collected would go to charity; and finance the policing of their car parks themselves - after all it is nominally their property.

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I can ALL free customer parking in areas of high demand for parking being phased out soon. Whilst I realise these companies make large profits once all the parking spaces end up being used for the entire day by commuters parking and catching the train/tube they will start charging. Why should B&Q pay for a huge car park for it to be filled with people going to the Cinema or Asda provide parking for the local hospital? Up until now most drivers do get scared and worry about PPC notices. Starting a public campaign against them and informing people these companies are powerless is only going to end up with one result, everyone will pay to park to go shopping.

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Not at all green man. The owners of the car park can do as I previously mentioned. it's free if you use the business and a time limit can be put on the length of stay. Say two hours free for shopping in their store.

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Not at all green man. The oners of the car park can do as I previously mentioned. it's free if you use the business and a time limit can be put on the length of stay. Say two hours free for shopping in their store.

 

 

They already do that and no one pays the 'fines' for overstaying as they are according general opinion unenforceable.

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ASDA's have a store in Bedminster Bristol right in the middle of the Bedminster shopping area. This of course is very attractive to other shoppers. ASDA's deal with this by charging, unless you have a receipt for making a purchase in their store at that time. Incidently this was common practice in some car parks in the U S where the car park had agreements with local businesses. An idea that shoul be adopted in this country perhaps.

 

ASDA Bedminster have never asked to see my receipt when I have I shopped there. They do have barriers at the entrance to the car park but they never seem to use them and seem to not have any on the exits.

 

That said providing the charges are reasonable and that the conditions of entry are made clearly visible at the time of entry I think most people don't have to much of a problem paying to park or providing a receipt to prove that they have shopped in the store providing the parking. It's when we get to the realms of paying penalty charges or being clamped for non-compliance or alleged non-compliance that we get problems.

 

The supermarkets have to decide whether the lost business through commuters/non-shoppers parking plus the cost of having attendants to check receipts/accept payment plus the loss of goodwill (if any) is worth the revenue generated by the "extra sales to gain a receipt" plus the charges accrued from the parking charges.

 

I suspect that many Supermarkets may have trialled this sort of thing in the past and rejected it as un-economic. However I did encounter this at a store in the Midlands recently so it may be that the local stores are left to decide how to manage things.

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