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Scouse Magic

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About Scouse Magic

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  1. The only way your Credit Rating can be affected is if A) they actually take you to court and win their case, and B) you fail to pay what a judge orders.....(The probability of both A & B happening is very slim... Others will be along to assist you with your POPLA situation If they did take you to court and win, they would be asking for the £100 plus £35 claim issue fee and £65 hearing fee plus any reasonable costs (Not huge solicitors fees). Personally if it was me, I would just relax and see if court papers are ever issued then we can go from there as there will be a number of ways to deal with these clowns. In the mean time try to obtain and post up any signage in that particular area
  2. If Debt Collectors knock on your door tell them that if they ever call again you will consider it harassment and report them to the police.. Colchester NHS are not part of the "approved operator scheme." Personally Id let them take me to court. Next time you pass there, take a photo of the entrance sign, I'd like to examine it. Yellow lines and the blue badge scheme do not apply to private land and cannot be enforced.. The issue here is that they arguing that you have agreed to a contract and the onus is on them to fully make out that you have... Please keep me informed
  3. It will help your case which ever direction you wish to go in, if you return to where you parked and take a few photos. In that particular area there must be signs that state the full terms and conditions including what the charge actually is...It does not matter if there are signs in other areas of the hospital, if there is none where you parked, no signage = no contract
  4. Do Not use the word penalty lol Bear in mind all that they are after is revenue no matter who they step on..personally unless your'e going to use popla I'd Ignore them completely and let them explain to a judge what they are doing
  5. Have you had prior to this a "Letter before claim" or "letter before action" which was sent by recorded delivery by PE if not you can ask court to strike out the entire claim for failure to follow the Civil procedure rules.. A small claims court is very informal and simply a dispute between two parties.
  6. ha ha ha ha ha :violin: thanks for making my day......I wonder where sobell is ????? crooks
  7. Sorry I have been busy, this thread started a while ago..... I would have simply wrote to them and stated that the charge is rejected, and as this matter is private land, what "Offence" has occurred, and what is their statute authority to say an "Offence" has occurred This can get them into to very hot water by using terminology that implies they act under statute and is a criminal offence to do so which may involve a prison sentence
  8. As well as the above !!!! I would imagine it would have been dark at the time.....I doubt very much they will have a close up photograph of the dashboard in their evidence bundle that clearly shows either an invalid or no pay and display.....Thats enough to strike that one out if they havent
  9. All hospitals have a 15 min drop off zone......Im sure your local media would love to hear about this.....to be honest Im getting rather fed up with NHS Hospitals doing this all the time or their agents.....profiteering from the sick and those who look after them......I feel a campaign coming on to the health secretarty...he's next on my list. As for bailiffs etc sit back and laugh.....The hospital actually has to take you to court and win and you refuse to pay before the B word is mentioned
  10. About defence point 2. "2.The driver of the vehicle has been denied their rights of independent appeal under the Protection of Freedom Act 2012." What should have happened is that the trust or their parking management should have invited the driver or registered keeper to appeal, and if unsuccessful, issue a popla code, but this is a clear abuse of the court process. BPA / AOS members can operate parking & issue tickets.....Only ATA members can access DVLA information, so who accessed the RK details? Hospitals by virtue have a nasty habit of trying to quietly profiteer out of parking, but cannot be seen to do so, because they would be liable for taxes and seen to be running a business......And would attract a large media attention. Merely because the NHS is funded by the tax payer.......................
  11. Hi there, I am hoping I can help you with this as I believe you can win. I am basing my response on what you have stated is 100% correct, however as I am not a solicitor, always explore other options, but from your story, I have to say I am horrified. What kind of a world do we live in, when a NHS Trust (Well thats the guise) would take staff, patients or visitors to court for parking in whatever circumstances, when we are all meant to care!!! That is what the NHS is a pride of Great Britain for? Now then, these issues fluctuate up and down the UK...Indeed some hospitals operate free parking, others are dearer to park than others, and there are no set rules set in stone. Threthowans are the solicitors in this matter......Search the internet for a FOI request regarding thethowans and Aintree Hospitals, where Aintree paid Threhowans £110,000 in one year, to recover something like £5000......A public waste of money, and not good press. But notwithstanding that, Bolton NHS do not appear on the BPA approved operator scheme, so I am wondering who operates parking there, and is it a private company or employees of the trust? I honestly think a court would take a very dim view of this, as this could have been kept out of court, and common sense should have prevailed, and I think you will win.... Lets face it, we are not talking about a nearby resident who simply left their car overnight for free purely because it suited them, your wife was called to an emergency, so how can one make a rash decision about the preservation of life, or where the most appropriate place to park is? Your defence is as follows... 1. Your wife was called to an emergency and therefor invited by the landowner, and subsequent issues of contract / breaches of, are irrelevant. 2.The driver of the vehicle has been denied their rights of independent appeal under the Protection of Freedom Act 2012. 3. The charge is a penalty, by the value of the charge, designed to intimidate into prompt payment and thus unrecoverable in law, as the landowner can only claim a sum of money that would put him in the same position, had the breach not occurred given the circumstances. 4. If the Trust or their agents are using words such as Fine, Penalty, Offence etc, then that implies that they are acting under statute such as police or council, and they have no authority to do so...... Im totally shocked..... Good luck, we are all here
  12. Ha Ha lovely story, thats why you are our beloved Magician........ Fabulous disappearing act, even the cameras cant see you......Its all an illusion!!!!!
  13. I don't get this at all, it all sounds a bit odd.......Firstly because there is no letter before claim mentioned....the individuals rights under POFA have been denied, and the fact that the case is on 27th November, well the OP must have gone through the initial POC form and allocation questionaire......
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