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Showing content with the highest reputation on 14/05/16 in all areas

  1. 1 point
    You have been given the necessary advice yet you would rather argue over how long is a piece of string than actually use that advice. In any civil claim it is for the plaintiff to make their case so they have to show that where certain protocols apply that they can show liability. To create a keeper liability they have to take certain actions and use the necessary wording in any sigange or correspondence. SO, if they dont do this there is NO keeper liability. In this case the onus is on them to prove that the driver was a shopper otherwise the signage doesnt apply as the person would be a trespasser. The PoFA doesnt apply to trespass, just contractual matters. They have to prove that you, the keeper, or the driver if known was actually shopping otherwise in the absence of any legal obligation to obey disabled parking signs on private land in England (different in Scotland). So you dont say who was driving, nor that they were shopping there but just invite them to prove that the driver at the time was a shopper at Morrisons because the signage is only applicable to shoppers not others (trespassers). I hope that you now understand what to say and why-trespass is nothing to to with PoFa and so no keeper liability for trespass. Start your appeal off with "the appellant does not believe that the parking co has the authority assigned by the landowner to create contracts and to make claims and take legal action in their own name and puts it to strict proof of that authority". Then deny any keeper liability for the suggested reason. As for anything else, check with local authority to see if the parking co has planning permission for their signage and if they dont they are committing a criminal offence and you cant enter into a contract with them even if you wanted to.
  2. 1 point
    As far as I'm personally concerned, there is only good advice, which takes the facts in to account. Of course from other people seeking advice, there is also the "what I want to hear" advice. There are two sides to every story and none of us were present apart from you and the staff concerned. There's also the age old 'attitude test' to take in to account when dealing with members of the travelling public. Sometimes members of staff are abrupt and/or rude, and sometimes members of the public antagonise situations in this way. It's human nature. If you want to take the matter further, which I'm sure you do, appeal the notice and if that fails, as and when the matter goes to court, plead not guilty. I will advise though, and this is advice based on the legalities of the matter. If you do end up in court, pleading not guilty will likely not win you this case. Assuming it's prosecuted under Railway Byelaws (18(1) in your case), you can't really win I'm afraid. You do however have mitigating circumstance, which you can use, by pleading guilty with mitigating circumstances. This is what's known as an offence of strict liability, meaning you either did it or you didn't, and the fact that your Oyster Card didn't have the funds on it for whatever reason and subsequently rejected your journey, is basically travelling without a valid rail ticket, meaning the offence has been committed.
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