Hi like so many i am a newbie to his forum and have recieved a parking charge from Parking Eye. The notice has been isued after i had parked at the Welcome Brerak services in Oxford for a rest having drove from France for the previous nine hours. They have issued the notice demanding between £60 & £120 (dependant on when i am prepared to pay) on the basis that i had parked for 5 hours and 32 minutes without making a payment (They have also presented me with a photograph of my vehicle entering the carpark at 00:37 and leaving at 06:10 the same morning). The reason why i didnt make a ny payment for the parking is because i genuinely didnot see any signs where i pulled up, particularly as it was dark and in the morning i just set off without even going to the rest room. (Thats not to say there werent any signs, i just didnt see them at that time of night) Having read so many stories i am unsure if i should ignore, challenge or pay the charge. Any advice would be greatfully received.

 

Many Thanks

I overstayed in a Morrison's car park in Peckhan S London and received a fine of £40 if I paid within 14 days. I waited until I received a reminder then I wrote to the parking enforcement company (called parking eye). Stating that under constitutional law they are breaking the law by demanding money from me before any court conviction (bill of rights 1689) and any claim they had would be null and void as they had demanded monies from me.

As they had written to me twice I had to advise them of the terms and conditions of writing to me, which are thus:

I will accept two free letters but any third letter received; would trigger the acceptance of the fact that they would have to pay me an admin fee of £50 per letter, but the third letter would also be a free letter unless I received a fourth letter related to this matter. In which case I would have to charge for ALL four letters. I would invoice them and request payment within 7 days otherwise court action would follow on the 8th day. The terms are fair under the Unfair terms Act 1999 as this is for my time and expenses. Any fifth letter would trigger a harassment action under the 1997 Protection from Harassment Act, which I would be entitled to claim £5,000 in damages for mental anguish.

Funnily enough every time I get a ticket and a reminder, I NEVER receive a third letter, as they (parking agents/councils) are really concerned that I would go for it.

this companies days are numbered

 

believe me

The buggers are clinging on though.

I have a personal loan with them and I pay back £2 a month after pleading poverty. If you offer something, no matter how small, the company concerned will have a hard job taking and winning any court action.

Please do not post your question in more than one place.

 

I answered this question here before you started this thread.

you suggested that if this was not helpful enough to start my own thread

which I have done

"That is not the same as a reply to the defence. I checked but you do not seem to have your own thread, you should start one you will then obtain better advice." Your words

did you find any answer's as I have a similar doc from above

Does anyone have a valid rebuttal to a CPR 18 against Gnat West?

any help would be appreciated

We were requested to answer the CPR 18 after the stay was lifted and we have 14 days

Thanks for the info

yes if poss

Are there any defence rebuttals against Gnat West for business customers?

Thanks for that

so we can only really use hardship and human rights reasonable timescale to avoid stays

Where does this stand with right of appropriation with regard to benefit account holders?

Do you have the name and bank for the Carlisle court case?

which judge at which court and when?

makes you wonder which section he was reading because not even the official receiver will touch a penny of benefits

which judge?

Hi Guys!!!! I've now had a SECOND RESPONSE from my MP, David Wilshire, Spelthorne area and IM IMPRESSED (GUESS WHO IM GONNA VOTE FOR)!!!

 

Hes written back to me and enclosed the response he got from Chairman of the FSA, Callum McCarthy basically telling him that they've got his letter RE: ME and they will reply to him within 30 days!!!

He'll get back to me with their response!!!

 

CAN ANYONE BEAT THAT FOR EFFICENT, CARING MP???????

 

Will advise u next when i hear back (and i cant post letter as ive gotta pack 4 my hol and no time)!!!

 

Bonnie

make sure you vote for an active MP

Wilshire's record is thus:

• Has spoken in 11 debates in the last year — well below average amongst MPs.
  
• Has received answers to 15 written questions in the last year — below average amongst MPs.
  
• Is a member of 2 select committees.
  
• Replied within 2 or 3 weeks to a very high number of messages sent via WriteToThem.com during 2006, according to constituents.
  
• Has voted in 46% of votes in parliament — well below average amongst MPs. (From Public Whip)

Hi Brechiner, to help me with my claim, where can I find evidence of this being illegal for the banks to charge and take the money from benifits??

I was on Income Support at the time of 95% of my charges, and the benifit was paid in to my bank account,

section 187 Social Security Act 1992 covers JSA, DLA, CHB etc.

section 45 tax Credit Act 2006 covers tax credits

are the two main laws that deal with inalienablitly to your money

every assignment of a charge on a befenfit/tax credit, and every agreement to assign a charge is void. This even covers one in a period of bankruptcy

The interest is only usually frozen if you are in default or a debt management company or organisation has become involved and have specifically contacted the bank on your behalf and frozen the interest.

Never assume anything with financial companies

You can add Jim Dowd MP Lewisham West and received a response from Angela Knight, which - as usual - failed to answer my question - why are banks illegally taking money out of accounts into which benefits are paid into? Waiting for detailded response but have received an initial one in 3 days. Response will include a response from Treasury and DWP

challenge the stay and quote Section 187 Social Security Act 1992 (and Section 45 Tax Credit Act 2006 - even if taken before that date)

I really did argue unjust enrichment but the DJ asked me for a case heard in a higher court where bank charges had been ruled as an unjust enrichment. I couldn't give him an answer.

He said he is governed by the 1984 County Courts Act and cannot award Contractual Interest or 8% compounded. I argued that the Halliday case was an abuse of Court process because HBOS settled the charges but didn't settle the CI but he just said again that he was bound by the ruling of the High Court and that there was no ruling on the charges. He said we had won the 'moral' argument though

I have another case very soon so I will just not take NO for an answer and still clearly put across those points again.

Maybe we can find out the most pro-claimant District Judges in the UK.

It also means that anyone going after Credit Card/PPI companies can prove unjust enrichment because of the OFT ruling.

Sorry I couldn't bring good news. The District Judges desparately want a case to transfer to the Central London Mercantile Court but even then the banks will abuse the process unless you are incredibly lucky and the miss the case and you get a default judgment.

I was in Edmonton County court today for a friend. We argued absolutely everything (M&R, Custom and usage, fiduciary arguments etc.) and didn't make any headway.

I have the following info:

Sempra case is NOT relevant for county court cases, NO bank charge case has been decided on in a higher Court than Small Claims so you cannot argue unjust enrichment because the Court needs a ruling either by the higher Court OR OFT/FSA on the legallity of charges. Compound interest is not allowed because of Halliday vs HBOS ruling. This info was given by DJ Cohen who was very helpful and refused to throw out the claim even though the claimant had filed completely the wrong info - mainly because Cobbett's sent a cheque for £1300. The claimant had wanted 29.5% but was only awarded 8% simple.

Only going to a higher court will you be able to get CI, charges ruling etc.

set aside hearing with half paid up

Unlawful behaviour resulting in loss of trust, confidence and that their conscience has remained the same while enriching themselves. As it was a Cardcash account we could show 'custom and usage' on top.

I also explained to the judge about anticipatory limits

I'm currently researching the BCCI collapse of 1991 and I'll post my findings. As you can recall many people lost their savings and livelihoods when it crashed. These wee people that had trusted the bank and as a matter of conscience lost their money.

I was in Court today (Willesden) - for a friend and we argued for CI and our case was not thrown out but the DJ said that there should be a hearing even though the Halifax had paid the claimant the charges +8% and Court Fees