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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • We have finally managed to obtain the transcript of this case.

      The judge's reasoning is very useful and will certainly be helpful in any other cases relating to third-party rights where the customer has contracted with the courier company by using a broker.
      This is generally speaking the problem with using PackLink who are domiciled in Spain and very conveniently out of reach of the British justice system.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Excel Parking Ticket.


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did I ? I thought I used the word WE ? I may not have been driving, It could have been my Wife driving, ................ or My Driver.

 

So you condone whoever was driving your car parking in the space .....

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Lamma I do not wish to go into the legal arguments with you - there are others who are far more knowledgeable than me on the matter. However, what do you suggest the alternatives are? By not offering the spaces, the retail parks/private land owners could easily be accused of discremination. If, as you claim, the PPC ticket is not legal, how would you propose they stop people parking in the space?

 

Good question. the alternatives are manifold - any used should be legal and lawful. trouble is for the PPCs that it would put them out of business. but as the business is a [problem] and based of unlawful and often illegal acts that's no loss to society, many would argue that it would represents a gain. For example my local supermarket manages it without using a PPC. I would be very happy to discuss legal and lawful solutions with you. This involves my normal fees of £5 per word typed (minimum fee amount 250 words, no maximum limit). Any solicitation of such advise or any response ,whether direct or implied or inferred constitutes a binding contract betweem lamma and Bircho. Solution topics offered for discussion (for the avoidance of doubt there is NO charge payable for this post, charges will only be incurred on subsequent posts made in response). 1)Attended operations 2) Gated solutions. 3) time limited solutions. 4) the BPA Code of Practice and how to avoid breaching it - be aware that the DVLA insist that AOS members are held accountable for this by the BPA. 5) the legal issues - how to act lawfully and legally (multiple statutes and regulations involved plus case law and a beginners guide to contract law sufficient for PPCs to understand how it really works.) 6) winding up your business - preparing for the consequence of your own actions. feel free to request any other additional topics.

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Absolutely !!

 

As long as WHOEVER designed the car park in question leaves it having so many empty spaces with a little man in a wheelchair painted on them, then yes of course park. If they only had a handful of these spaces, and ample wider spaces for parents it would be a different matter.

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Good question. the alternatives are manifold - any used should be legal and lawful. trouble is for the PPCs that it would put them out of business. but as the business is a [problem] and based of unlawful and often illegal acts that's no loss to society, many would argue that it would represents a gain. For example my local supermarket manages it without using a PPC. I would be very happy to discuss legal and lawful solutions with you. This involves my normal fees of £5 per word typed (minimum fee amount 250 words, no maximum limit). Any solicitation of such advise or any response ,whether direct or implied or inferred constitutes a binding contract betweem lamma and Bircho. Solution topics offered for discussion (for the avoidance of doubt there is NO charge payable for this post, charges will only be incurred on subsequent posts made in response). 1)Attended operations 2) Gated solutions. 3) time limited solutions. 4) the BPA Code of Practice and how to avoid breaching it - be aware that the DVLA insist that AOS members are held accountable for this by the BPA. 5) the legal issues - how to act lawfully and legally (multiple statutes and regulations involved plus case law and a beginners guide to contract law sufficient for PPCs to understand how it really works.) 6) winding up your business - preparing for the consequence of your own actions. feel free to request any other additional topics.

 

Before I do respond, are you acting on the authority of the site owners by wishing to charge me via this site? Obviously, if you are not, that would be an illegal act. If, however, you have the authority to charge for your services, please could you direct me to the terms and conditions stating this.........

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For clarity any invoices will be raised directly, not through this site. it was not a 'wish' it was an offer and err you did just respond but as an independent consultant who made you an offer which was accepted by your actions I have to ask you without prejudice to quote the relevant statute(s) you base your clear and public allegation that I am acting illegally. For the avoidance of doubt note that I reserve the right to pursue redress for this allegation, inter alia, through the courts unless a full and substantial explanation quoting statute is posted within 24 hours of this post. I reserve the right to seek the IP address of your account through any of (but not limited to) : the Moderators of this Board; the Hosting Company; your Internet Service Provider. Suggested primary topic for consultation - "the difference between 'unlawful' and 'illegal'. (Current wordcount 149)

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For clarity any invoices will be raised directly, not through this site. it was not a 'wish' it was an offer and err you did just respond but as an independent consultant who made you an offer which was accepted by your actions I have to ask you without prejudice to quote the relevant statute(s) you base your clear and public allegation that I am acting illegally. For the avoidance of doubt note that I reserve the right to pursue redress for this allegation, inter alia, through the courts unless a full and substantial explanation quoting statute is posted within 24 hours of this post. I reserve the right to seek the IP address of your account through any of (but not limited to) : the Moderators of this Board; the Hosting Company; your Internet Service Provider. Suggested primary topic for consultation - "the difference between 'unlawful' and 'illegal'. (Current wordcount 149)

 

Thanks for putting such a constructive slant on the debate as to how retail parks should enforce disabled bay abuse.

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For the avoidance of doubt this post of mine is not chargeable. Are you now terninating our contract ? If so the current billable amount, being less than the minimum of 250 words is 250 words at £5 per word as agreed by your action in responding in post #55. Please be aware that multiple secured read only and digitally fingerprinted copies of this thread have been kept for production in court according to the rules of evidence should they be so needed. It is my duty to make clear to you that failing to substantiate your public allegation of illegal conduct on my part will result in my seeking redress in the manner described above or any other manner of my choosing. This will result in the identification of the IP Address and subscriber information to whom the bill will be sent. Payment terms are 7 days from receipt unless re-negotiated equitably.

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Thanks for putting such a constructive slant on the debate as to how retail parks should enforce disabled bay abuse.

 

Abuse !!!??? How dare you ???!!

 

My vehicle was parked for 9 mins in an empty bay that had a little yellow picture of a wheelchair on it, along side many many other empty bays also with the same painting. Where is the abuse ?????

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there is none. but more to the point I think they didn't mean "how do we enforce abuse" unless they want to make it compulsory ! I suggest they meant "how do we prevent abuse". But PPCs love to use the word 'enforce' when of course they can't enforce anything. Then there is the obvious rider question - how can covering up graffiti painted on the ground be considered 'abuse'.

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For the avoidance of doubt this post of mine is not chargeable. Are you now terninating our contract ? If so the current billable amount, being less than the minimum of 250 words is 250 words at £5 per word as agreed by your action in responding in post #55. Please be aware that multiple secured read only and digitally fingerprinted copies of this thread have been kept for production in court according to the rules of evidence should they be so needed. It is my duty to make clear to you that failing to substantiate your public allegation of illegal conduct on my part will result in my seeking redress in the manner described above or any other manner of my choosing. This will result in the identification of the IP Address and subscriber information to whom the bill will be sent. Payment terms are 7 days from receipt unless re-negotiated equitably.

 

That was just about as constructive as ever into the public debate. I take it as you have nothing constructive to add you believe my comments about the abuse, do not condone its use and poster under the name I Hate Excel is not using these forums how they should be. As, when it comes to that matter, you arent.

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That was just about as constructive as ever into the public debate. I take it as you have nothing constructive to add you believe my comments about the abuse, do not condone its use and poster under the name I Hate Excel is not using these forums how they should be. As, when it comes to that matter, you arent.

 

I stumbled accross this forum, whilst googling Excel Parking Services. The people in this thread are all victims of Excel's unlawful deception and illegal practices.

 

By the way, just what has this got to do with you anyway ?

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as you have not availed yourself of the opportunity to terminate the contract by all means let us continue. please see my last post "I think they didn't mean "how do we enforce abuse" unless they want to make it compulsory ! I suggest they meant "how do we prevent abuse". But PPCs love to use the word 'enforce' when of course they can't enforce anything. Then there is the obvious rider question - how can covering up graffiti painted on the ground be considered 'abuse'." Why do you want to enforce this alleged abuse ? (billable word count this post = 96, current billable total = 245).

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I stumbled accross this forum, whilst googling Excel Parking Services. The people in this thread are all victims of Excel's unlawful deception and illegal practices.

 

By the way, just what has this got to do with you anyway ?

 

Sometimes people may have a genuine problems where they have been issued with a ticket or whatever and perhaps Excel have made a mistake. Then I can go fully with what you say. What I cannot agree with is you knowingly parked in a space you know you should not have parked in on the pretence that the landowner or whoever have not provided enough parent & child spaces. You then took it to blame Excel for this using their name as your username when really all they have done is carry out their job for which, I am sure, the vast majority of people in the country would support, that is parking in a disabled bay when you are not supposed to. And you are now using the forums to try and get advice on how to riddle out of paying for something and, on top of that, except to gain sympathy from a judge.

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as you have not availed yourself of the opportunity to terminate the contract by all means let us continue. please see my last post "I think they didn't mean "how do we enforce abuse" unless they want to make it compulsory ! I suggest they meant "how do we prevent abuse". But PPCs love to use the word 'enforce' when of course they can't enforce anything. Then there is the obvious rider question - how can covering up graffiti painted on the ground be considered 'abuse'." Why do you want to enforce this alleged abuse ? (billable word count this post = 96, current billable total = 245).

 

Sorry I cannot figure what you are getting at. Perhaps in 20 words this time you would like to explain. You still appear to be condoning motorists without a blue badge parking in disabled bays and have said nothing has to how the companies should prevent this.

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Free post (last one). All your points answered already - re-read thread. By acting lawfully and legally. (12 words used but no credit allowance for the 8 unused words) current billable total = 245 words

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Sometimes people may have a genuine problems where they have been issued with a ticket or whatever and perhaps Excel have made a mistake. Then I can go fully with what you say. What I cannot agree with is you knowingly parked in a space you know you should not have parked in on the pretence that the landowner or whoever have not provided enough parent & child spaces. You then took it to blame Excel for this using their name as your username when really all they have done is carry out their job for which, I am sure, the vast majority of people in the country would support, that is parking in a disabled bay when you are not supposed to. And you are now using the forums to try and get advice on how to riddle out of paying for something and, on top of that, except to gain sympathy from a judge.

 

I have a feeling you are either

 

a. An Excel Employee

b. A Traffic Warden

c. An argumentitive tw... with nothing better to do than pick fights on furums.

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I have a feeling you are either

 

a. An Excel Employee

b. A Traffic Warden

c. An argumentitive tw... with nothing better to do than pick fights on furums.

 

Neither of them three, I'm afraid. In the same way as some people hate marmite, I have been in car parks where I have been unable to park in disabled bays when needed.

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... You still appear to be condoning motorists without a blue badge parking in disabled bays and have said nothing has to how the companies should prevent this.

Because a "disabled bay" in a private car park isn't legally a disabled bay at all, it's just some lines painted on the ground.

 

Most reasonable people would leave such spaces for people who need them, and it seems that I Hate Excel had a need for such a space, and wasn't inconveniencing any disabled drivers.

 

But, regardless of any moral rights or wrongs in that situation, the fact is that Excel, like other PPCs, are attempting to [problem] people for so-called fines, when they a) don't have any proof of the driver's identity, and therefore can't prove the contract exists; b) are attempting to apply penalty clauses to a Law of Contract situation; and c) are almost certainly violating the Unfair Terms in Consumer Contracts Regulations.

 

The fact that they have lost so spectacularly in Court bears this out.

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Free post (last one). All your points answered already - re-read thread. By acting lawfully and legally. (12 words used but no credit allowance for the 8 unused words) current billable total = 245 words

 

Please give an example of a lawful and legal way that these companies could use....... (I've just applied for a job as a sadistic dentist to pull some teeth full time)

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Neither of them three, I'm afraid. In the same way as some people hate marmite, I have been in car parks where I have been unable to park in disabled bays when needed.

 

blue badge holders can park anywhere can't they ? go park on the street.

 

When we haven't got enough parent/child spaces left to park in, we can't park in the street, we'd get a fine. A legit fine probably not a pretend fine like the one I got from Excel, which I have paid by the way, it's not the money, I am not just trying to get back £60, it's the way Excel are [causing problems] everyone, and as I pointed out before, the more people who challenge them the more chance something will be done to stop them.

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blue badge holders can park anywhere can't they ? go park on the street.

 

When we haven't got enough parent/child spaces left to park in, we can't park in the street, we'd get a fine. A legit fine probably not a pretend fine like the one I got from Excel, which I have paid by the way, it's not the money, I am not just trying to get back £60, it's the way Excel are [causing problems] everyone, and as I pointed out before, the more people who challenge them the more chance something will be done to stop them.

 

So now I understand. It is not about the abuse of disabled bay it is an attempt to show Excel up in court. I presume, therefore, you will advise the forums of the result of your efforts when the court case is concluded.

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Please give an example of a lawful and legal way that these companies could use....... (I've just applied for a job as a sadistic dentist to pull some teeth full time)

 

Explicit confirmed acceptance of terms on your part to add to your acceptance through your actions. Though it is part of my duty of fairness to remind you that the 24 hour countdown is still active and that unless you produce appropriate evidence of statute to base your public allegation that I am acting illegally then the aforementioned steps will be taken. For the avoidance of doubt the time stamp on the relevant post will be used. You clearly use 'these companies' to refer to PPCs. There is a long list of statutes and regulations that many PPCs break on a regular basis. PPCs will keep out of a lot of trouble if they pay heed to The Consumer Protection from Unfair Trading Regulations 2008. All BPA AOS members - and that includes Excel - have provided personal sign off that they are following the BPA Code of Practice to avoid falling foul of these regulations. yet we have yet to see a single PPC that adheres to this. But there are many more statutes and regulations to consider. primarily they need to learn about contract law and that the landowner is due any recoverable losses. But this wipes out the PPC business model -as already mentioned. Of course it is the landowner's problem and they are the ones who need to seek the solution, not the PPCs. (word count: current post 228. current billable total = 473 words. I suggest we follow my proposed structure as it will reduce total wordcount and so keep your bill down).

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