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tom4rse

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About tom4rse

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  1. Progress report so far for those considering what to do: I got a Notice to Owner of Intent to Issue Court Proceedings on 3rd Jan, I wrote a letter to the company (see template letters). They ignored my letter. I got a "Final Demand Notice" on 12th Feb which stated Failure to Pay Will Result in Court Action in big bold letters. I wrote a letter which was very similar to the earlier letters as they never actually answered any of my requests for information. They ignored my letter and sent a I included the Cease and Desist line (see template letters). I have received no further correspondence from the Parking Company to date.
  2. Here is a addition to the newspaper artice which is of interest: Sb Parking Not A Test Case (from Lancashire Telegraph)
  3. Apologies for posting the same message twice, but please see my other post for developments on this ticket: http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/123586-pcn-vehicle-control-services.html
  4. 1) Y 2) Y 3) Not yet - just sending second "get lost" letter to them 4) Will keep you informed
  5. Hello there, I have a response letter (see below) also included with the letter was a lovely photo of my motorbike next to the no-parking sign and also a copy of the parking ticket issued. Was interested to read in the 5th paragraph: "A recent decision by the Court of Appeal has confirmed that provided adequate notice of unauthorized parking is given, the driver/registered keeper accepts the Terms as set out and therefore consents to the penalty charge which maybe incurred for contravening the regulations" Now lets ignore the fact they have admitted this is a penalty charge (thus no contract etc) I was wondering to which decision by the Court of Appeal the nice lady who wrote me this letter was referring? Anyone know? Also, any comments on the letter to include in my response? Cheers Tom
  6. Aaaaand we're off.... Just to keep you informed, got my "Notice To Owner of Intent to Issue Court Proceedings" letter dropped on the mat this morning. (quite intimidating to the untrained eye!) But fear not, my response will be in Monday's post. Will keep you informed of their response.
  7. Aaaaand we're off.... Just to keep you informed, my "Notice To Owner of Intent to Issue Court Proceedings" letter dropped on the mat this morning. (quite intimidating letter to the untrained eye!) But fear not, my response will be in Monday's post. Will keep you informed of their response.
  8. Just a ponderance, but could a Trespass type allegation be used against someone in a carpark/privateland?
  9. There's not been many PPC cases have there? (Approx) How many have ended up in court with both parties turning up and battling it out?
  10. I intend to take your advice and respond with the proforma letters you provided in the sticky when my threatening letters come through the door. Thank you for your advice, should I get summonds to court I'll come back and form my defense with your help if I may? Tom
  11. You think that's how much it would be in the worst case?
  12. It is a "Parking Charge" on the ticket. Is it a case of everyone backs down and pays which is why there are no cases that reach court? (other than the two you mention)
  13. You were quite right to chastise me Pete, I have now read through your sticky with the defence available to me should this proceed to an actual court case, which is what I'm concerned about - I can deal with threats and nasty letters etc. Background: I didn't see the signs, however there actually were 4 of them when I looked again however I'd just like to point out this was not a carpark, this was a private road and as such I was apparently "parking without a valid permit". So (a) assuming they can prove there was adequate signage and (b) the ticket they issued appears to not be in breach of the Administration of Justice Act 1970. © they can prove I was the driver of the motorbike. Therefore, it would seem my defence is: 1) I am being charged a Penalty (as defined by the cases you mention) - but does this apply as I was there without a valid permit rather than overstaying any time I had paid for. Also I'm unsure what being charged an actual penalty means for me - what is the significance of this? 2) Assuming they can prove there is a contract between me and them (leaving this aside as I'm working on worst case scenario here) it would appear that the damages are unjustifiably high compared to the actual loss incurred by the landowner/company by my breaching the contract. 3) Under the Consumer Contract Regulations (1999) schedule 2 (e) - the amount asked is disproportionately high. 4) The terms of the contract are unfair under section 5 of Statutory Instrument 1999 No. 2083. Would I be right in thinking this? Tom
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