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    • Speaking of the reformatory boys, here they are with all of their supporters, some of whom traveled with them from miles away, all carefully crammed together and photographed to look like there were more than about 80 .. rather like Farages last rally with even fewer people crammed around what looked like an ice cream van or mobile tea bar ... Although a number in the crowd apparently thought they were at a vintage car rally as they appeared to be chanting 'crank-her'. A vintage Bentley must be out of view.   Is this all there is? Its less than the Tory candidate. - shut up and smile while they get a camera angle that looks better
    • in order for us to help you we require the following information:- Which Court have you received the claim from ? Canterbury If possible please scan redact and upload a full page copy of page 1 of the claim form. ( Name of the Claimant ? Moneybarn No 1   How many defendant's  joint or self ? One Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to. 29/05/24 Acknowledged by 14/06/24  Defence by 29/06/24  Particulars of Claim PARTICULARS OF CLAIM   1.  By a Conditional Sale Agreement in writing made on 25th August 2022. Between the Claimant and Defendant, the Claimant let to the Defendant on Conditional Sale. A Ford Ranger 3.2 TDCi (200 P S) 4x4 Wildtrack  Double Cab Pickup 3200cc (Sep.2015) Registration No, ******* Chassis number ***************** (“The Vehicle”).  A copy of the agreement is attached   2.  The price of the goods was £15,995.00.  The Initial Rental was £8500.00.  The total charge for credit was £3575.;17 And the balance of £11,070.17 was payable by 59 equal consecutive monthly instalments of £187 63. payable on the 25th of each month.   3.  The following were expressed conditions of the set agreement,   Clause 8: Our Right to End this Agreement  8.1   Subject to sending you the notice as required by law, any of the following events will entitle us to end this Agreement: 8.1.2  You fail to pay the advance payment (if any) or any of the payments as specified on the front page of this agreement or any other sum payable under this Agreement. 8.1.3 If any of the information you have given us before entering into this Agreement or during the term of this Agreement was false 8.1.4 We consider, acting reasonably, that the goods may be in jeopardy or that our rights in the goods may otherwise be prejudiced. 8.1.5 If you die 8.1.6 If a bankruptcy petition is presented against you; if you petition for your own bankruptcy, or make a live arrangement with your creditors or call a meeting of them. 8. 1.7 If in Scotland, you become insolvent or sequestration or a receiver, judicial factor or trustee to be appointed over any of your estate, or effects or suffer an arrestment, charge attachment or other diligence to be issued or levied on any of your estate or effects or suffer any exercise, or threatened exercise of landlords hype hypothec 8.1.8 If you are a partnership, you are dissolved 8.1.9 If the goods are destroyed, lost, stolen and/or treated by the insurer as a total loss in response to an insurance claim. 8.1.10 If we reasonably believe any payment made to us in respect of this Agreement is a proceed of crime. 8.1.11 If steps are taken by us to terminate any other agreement which you have entered into with us.   Clause 9.  Effect of Us Terminating Agreement   9.1 If this Agreement terminates under clause 8 the following will apply 9.1.1 Subject to the rights given to you by law, you will no longer be entitled to possession of the goods and must return them to us to an address as we may reasonably specify, (removing or commencing the removal of any cherished plates) together with a V5 registration certificate, both sets of keys and a service record book. If you are unable or unwilling to return the goods to us then we shall collect the goods and we'll charge you in accordance with clause 10.3 9.1.2 We will be entitled to immediate payment from you for all payments and all other sums do under this agreement at the date of termination 9.1.3 We will sell the goods or public sale at the earliest opportunity once the goods are in a reasonable condition which includes a return of the items listed in clause 7.1.4 9.1.4 We will be entitled to immediate payment from you of the rest of the Total Amount Payable under this agreement less: ( a) A rebate for early settlement ias required by law which will be calculated and notified to you at the time of payment (b) The proceeds of sale of the goods (if any) after deduction of all costs associated with finding you and/or the goods, recovery, refurbishment and repair. Insurance, storage, sale, agents fees, cherished plate removal, replacement keys, costs associated with obtaining service history for the goods and in relation to obtaining a duplicate V5 registration certificate   4, The following are particulars required by Civil Procedure Rules. Rule 7.9 as set out in 7.1 and 7.2 of the associated Practice Direction entitled Hire Purchase Claims:-   a)     The agreement is dated 25 August 2022. And is between Moneybarn No1 Limited  and xxxxxxxxx under agreement number 756050. b)    The claimant was one of the original parties to the agreement. c)    The agreement is regulated under the Consumer Credit Act 1974. d)    The goods claimed Ford Ranger 3.2 TDCi ( 200 PS) 4x4 Wildtrack Double Cab Pickup 3200 cc (Sep2015} Registration No ^^^^^^^ Chassis number ***************** e)     Thw total price of the goods £19570 f)     The paid up sum £1206 5 g)    The unpaid balance of the total price £7505 (to include charges) h)    A default notice was sent to the defendant on 20th February 2024 by Firrst class post i)      The date when the right to demand delivery of the goods accrued 14 March 2024 j)      The amount if any claimed as an alternative to delivery of the goods 7505 22 include charges ]= 5.  A the date of service of the notice the instalments were £562.89 in arrears. 6. By reason of the Termination of the Agreement by the notice, defendant became liable to pay the sum of £7502 7. The date of maturity the agreement is 24th August 2027. 8. Further or  alternative by reasons of  the Defendant breaches of the agreement by failing to pay the said instalments, the Defendant evinced an intention no longer to be bound by the Agreement and repudiated it by the said Notice the claimant accepted that repudiation 9. By reason of such repudiation the claimant has suffered loss and damage.   Total amount payable £19570 Less sum paid or in arrears by the date of repudiation £12064 97 Balance £7505 (to include charges.) ( The claimant will give credit if necessary for the value of the vehicle if recovered.)  The claimant therefore claims 1.    An order for delivery up of the vehicle 2.    The MoneyClaim to be adjourned generally with liberty to restore,  Upon restoration of the MoneyClaim following return or loss of the vehicle. the Claimant will ensure the pre action protocol for debt claims is followed. 3.    Pursuant to s 90 (1)  of the Consumer Credit Act 1974. An order that the Claimant and/or its agents may enter any premises in which the vehicle is situated in order to recover the vehicle should it not be returned by the Defendant 4.    further or alternatively damages 5.    costs.   Statement of truth The Claimant believes that the facts stated in these Particulars of Claim are true. The Claimant understands that the proceedings for contempt of court may be brought against anyone who makes or causes to be made a false statement in the document for verified by statement of truth without an honest belief in its truth. I am duly Authorised by the Claimant to sign these Particulars of Claim signed Dated 17th of April 2024   What is the total value of the claim? 7502   Have you received prior notice of a claim being issued pursuant to paragraph 3 of the PAPDC (Pre Action Protocol) ? No   Never heard of this   Have you changed your address since the time at which the debt referred to in the claim was allegedly incurred? No   Did you inform the claimant of your change of address? n/a Is the claim for - a Bank Account (Overdraft) or credit card or loan or catalogue or mobile phone account? No   When did you enter into the original agreement before or after April 2007 ? After  Do you recall how you entered into the agreement...On line /In branch/By post ? In a garage  Is the debt showing on your credit reference files (Experian/Equifax /Etc...) ? Yes  Has the claim been issued by the original creditor or was the account assigned and it is the Debt purchaser who has issued the claim. Original Were you aware the account had been assigned – did you receive a Notice of Assignment? n/a   Did you receive a Default Notice from the original creditor? They said sent but nor received   Have you been receiving statutory notices headed “Notice of Sums in Arrears”  or " Notice of Arrears "– at least once a year ? None seen   Why did you cease payments? Still Paying,   What was the date of your last payment? Yesterday  31st May 2024   Was there a dispute with the original creditor that remains unresolved? No   Did you communicate any financial problems to the original creditor and make any attempt to enter into a debt management plan? Yes on 12 Feb 2024   What you need to do now.   Can't scan, will do via another means as you cant have jpg
    • Now that is an interesting article which adds afew perspective that I hadn't thought significant - but on reflection of the perspectives offered ... Now Starmer is no Blair, however 'blairite he may be perceived, but the Tories aren't tories and aren't even remotely liberal   The fast 'unannounced and unexpected election call from sunack may well be explained by the opinion linked that he hoped reform would be unprepared and effectively call a chunk of Farages largely empty bluster - making him look even more of a prat, leave scope for attacks on shabby reform candidates and mimimise core vote losses to reform - while throwing the 'middle ground' (relative) tories TO THE DOGS - and with the added bonus of likely pacifying his missu' desire to jogg off to sunny cal tout suite somewhat   thumb in the air - I expect about 140ish tory seats, but can hope for under a hundred Reform - got to admit the outside possibility of 1, maybe 2 seats with about 8% of the vote - but unlikely. I think projections of over 10% of the vote for reform is nudged and paid for speculation - but possible with the expected massive drives from Russian, Chinese and far right social media bot and troll prods targeting the gullible.
    • Commentary June 2024 WWW.ELECTORALCALCULUS.CO.UK Interesting article about just how bad it could be for the Tories.  Also Tories could be hoping on Reform not having candidates in many seats, as they were not ready.  
    • Even a Piers Morgan is an improvement and a gutless Farage Piers Morgan calls for second Brexit referendum WWW.THELONDONECONOMIC.COM Piers Morgan and Nigel Farage have faced off over Brexit and a second referendum in a heated reunion on BBC Question Time.   “Why don’t we have another referendum about Brexit?” he questioned. “I seem to remember when 2016 came around we were told there was going to be control of our borders and it was going to be economically beneficial to this country. And eight years later we have lost complete control of our borders… and economically it seems to have been a wilful act of self-harm.”   ... Piers missed off : after all somebody said a 48/52 decision would be "unfinished business" by a long way - was that person just bul lying (again)  
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    • 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.

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      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.

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    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
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    • 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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Putting the record straight


Guest perky88
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If perky is prepared to have this issue decided one way or the other in a fair fight, with no previous track record or decision overhang, he will supply me as requested with details of a new defendant and we will have the battle fairly and squarely. The invitation is there. If he is as confident of his case as he says he will have no difficulty taking up the challenge and if he is right he will be just as likely to win a fresh case as one he has already won with presumably a deficient defence. Then neither side can say the other has an unfair advantage. But I fully expect more waffle, bluff and bluster, which perky seems to excel in.

 

On the plus side for every minute he is here he is not out slapping tickets on some poor unfortunate's car, so let's keep him talking.

 

If nothing else this thread will ensure that when someone puts "combined parking solutions" into a serarch engine they will see this thread and hopefully go to Pepipoo where support awaits. Hopefully they will have a laugh too for parts of the thread are very funny. In addition it is clear that Pepipooers will now be hanging around this site to ensure that the debate is balanced and not dominated by perky and his loyal band of acolytes.

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I cant seem to win here ...

 

legaladvisor stated he wanted the details for the appeal, I offered this to him.

 

Now he states it is harder to get a judgement reversed than a new one ... The law is the law, if your argument will work in a defence the same will work in an appeal.

 

If you can presuade the court that there are grounds to suspect ticket is unlawful and unenforceable and the original court made a mistake, then an appeal will be granted ... no questions.

 

You keep going on about how sure you are they are un-enforcebale ... this is now your chance to get an open hearing.

 

You can only appeal about errors in law, not in fact. Therefore, an appeal on a case in which the necessary evidence was not introduced has no meaning.

 

How do you think, you can you appeal a case on the basis that there is a non-existence of a contract if the defendant did not raise the issue in the case before? The necessary facts cannot be introduced after the fact. The court will never set the case aside, nor will an appeals court ever hear it.

 

Disclaimer: This message has the sole purpose of discussing law in general, it does not represent legal advice in any manner.

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Guest perky88

With 1 exception legaladvisor.

 

We have taken cases to court and WON

 

legaladvisor offered to take a case, lost to an appeal - I gave him the details and now he says he wants a new case.

 

He is very well aware, I CANNOT disclose details of a 3rd party to him - if a case has gone to court then I can as its a public document.

 

legaladvisor stated "Perky88, I challenge you to send me by PM the details of the losing defendant NAME REMOVED in your case. I will then either appeal on his behalf or get the judgement set aside so that he can receive a proper defence."

 

I have offered this to him... He then decides to change his request ...

 

He now wants me to give him details of a driver/case, yet to be heard - something he knows we are not allowed to do ... so he knows full well we cant do this as their details are protected under data protection legislation.

 

As for Nialls comment that the only people we take to court are our friends ??? What evidence have you to state this ??? the answer is none as its complete rubbish ...

I posted to member gwc1000 on Sunday morning (09:56, before the likes of legaladvisor and muggabee got involved) 2 cases on different courts, different parts of the country.

 

The fact from a legal viewpoint is ... If a case can be defended sucsessfully at the 1st court then it will work at the second.

 

The case of vine vs london borough of waltham forrest, the very case legaladvisor will refer to on many occasions if it ever went to court was an APPEAL ... so the very thought of having more chance with a clean case is ... well ... crazy to say the least.

 

In reality, the higher judge level will have more legal knowledge than the deputy district judge (who we ALL know, not just from parking but other things) give out strange decisions.

 

More time will be given to the hearing, rather than the converbelt of the small claims court.

 

This will be a LEGAL argument .. so the higher court the better ... there is no doubt.

 

The reality is, legaladvisor knows FULL WELL that his argument will fail, he has the opportunity to do it - I have spoken to a person who we won against and they are HAPPY for the appeal to be put forward.

 

So all systems go .. EXCEPT the person who said his argument would ALWAYS win - doesnt want to progress it and show to the world that the tickets are enforceable.

 

 

No matter what anyone states, I have shown that cases are taken to court and WON (you may argue all you want about bad defences, it being our friends etc..) .. BUT the real truth is we KNOW (as we have the cases to back it up) that tickets we take to court are 100% enforcebale if issued correctly and signage correct.

 

We posted the transcript of the judgement and offered to do post more ... FACT ...

 

Should legaladvisor (or anyone else) want to take up an appeal for a case we have taken to court and won .. then just PM me and we can discuss.

 

As jonho said ... (and it is unusual for him to say anything of value) ... if you lose then you've lost a few quid .. if you win then it could be the end of all PPCs ...

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Guest perky88
You can only appeal about errors in law, not in fact. Therefore, an appeal on a case in which the necessary evidence was not introduced has no meaning.

 

How do you think, you can you appeal a case on the basis that there is a non-existence of a contract if the defendant did not raise the issue in the case before? The necessary facts cannot be introduced after the fact. The court will never set the case aside, nor will an appeals court ever hear it.

 

If you read the transcript of the original case, the argument was no contract existed ... so the appeal would be on a point of law.

 

The other cases I have offered have been about "I never saw the signs .. so I cant be held by them" - again the appeal would be on the basis of an error in the law.

 

Next excuse not to hear a case I have offered ????

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Perky

 

I'm honestly not being derogatory to you or any of your clients, that is i believe the correct term for people a business provides a service to and charges them for, but standing up in court with one side saying quote "I never saw the signs" and tho other side saying "yes he did judge, they're big and red and hers a picture of them" is hardling ground breaking legal argument, it's the complete lack of LAW in both positions that amazes me and that a member of the judiciary would let such playground arguments into his court. Although in all probability he looked at the defence statement and thought, i can see why they chose to serve on this one !!

 

The whole point of this consultation is, i believe, for you to offer up one of your sacrificial lambs to see if your bluster withstands proper representation, obviously you would have to use a straight copy of your POC from a previoous N1 for this to be valid.

All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are :-)

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If you read the transcript of the original case, the argument was no contract existed ... so the appeal would be on a point of law.

 

The other cases I have offered have been about "I never saw the signs .. so I cant be held by them" - again the appeal would be on the basis of an error in the law.

 

Next excuse not to hear a case I have offered ????

 

Since I am not privy to the original transcript, I obviously did not refer to it. I just made a general statement of law. The point is that you don't start on a neutral ground, when you start at an appeal.

 

However, how did you as the plaintiff, argue that a contract did exist, or how did the judge reason that it did?

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P.S.

 

I really would like to see the N1,POC continuance and defence statement accompanying

the "judgement" you posted, just so we have a complete picture.

All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are :-)

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Guest perky88
Perky

 

I'm honestly not being derogatory to you or any of your clients, that is i believe the correct term for people a business provides a service to and charges them for, but standing up in court with one side saying quote "I never saw the signs" and tho other side saying "yes he did judge, they're big and red and hers a picture of them" is hardling ground breaking legal argument, it's the complete lack of LAW in both positions that amazes me and that a member of the judiciary would let such playground arguments into his court. Although in all probability he looked at the defence statement and thought, i can see why they chose to serve on this one !!

 

The whole point of this consultation is, i believe, for you to offer up one of your sacrificial lambs to see if your bluster withstands proper representation, obviously you would have to use a straight copy of your POC from a previoous N1 for this to be valid.

 

In most of our cases the defence is "There was no contract, I didnt see the signs or consent to the terms".- this would be the legal point you would be addressing in court and the basis of an appeal (the law regarding contract acceptance was not applied correctly and therefore the invoice not enforceable because of ............)

 

I simply can not disclose details of persons who have not gone to court .. I would be breaking data protection regulations... A case that has already been heard the document is public, I can refer you to it and then ask the person if they want to appeal with your help.

 

I dont think any other PPC would be doing this for you, I want to get it cleared up once and for all ... if people on here are too pig headed or stupid to realise that .. then I cant do anything about that.

 

We keep notes of ALL our cases and the defences used ... I am more than happy if you want me to look through for a defence that you feel was badly argued (on a point of law) and then an appeal can be fought on that ground.

 

Just tell me what youre looking for ... if we havent had one I will tell you .. If we have then I will .. simple - I will then contact that person and ask if they are willing to participate.

 

Your arguments in court would be the SAME for an appeal and a first hearing .. Legal Arguments with a DDJ are sometimes lost for a variety of reasons (time/knowledge etc..) - a higher judge is a different ballgame and if your legal basis is stronger you will win .. if not .. you will lose.

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Guest perky88
Since I am not privy to the original transcript, I obviously did not refer to it. I just made a general statement of law. The point is that you don't start on a neutral ground, when you start at an appeal.

 

However, how did you as the plaintiff, argue that a contract did exist, or how did the judge reason that it did?

 

 

The judgement has been removed from here .. but I am sure someone has it somewhere .... if you cant find it, then PM me and I can resend you the link to imageshack.

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In most of our cases the defence is "There was no contract, I didnt see the signs or consent to the terms".- this would be the legal point you would be addressing in court and the basis of an appeal (the law regarding contract acceptance was not applied correctly and therefore the invoice not enforceable because of ............)

 

I simply can not disclose details of persons who have not gone to court .. I would be breaking data protection regulations... A case that has already been heard the document is public, I can refer you to it and then ask the person if they want to appeal with your help.

 

I dont think any other PPC would be doing this for you, I want to get it cleared up once and for all ... if people on here are too pig headed or stupid to realise that .. then I cant do anything about that.

 

We keep notes of ALL our cases and the defences used ... I am more than happy if you want me to look through for a defence that you feel was badly argued (on a point of law) and then an appeal can be fought on that ground.

 

Just tell me what youre looking for ... if we havent had one I will tell you .. If we have then I will .. simple - I will then contact that person and ask if they are willing to participate.

 

Your arguments in court would be the SAME for an appeal and a first hearing .. Legal Arguments with a DDJ are sometimes lost for a variety of reasons (time/knowledge etc..) - a higher judge is a different ballgame and if your legal basis is stronger you will win .. if not .. you will lose.

 

 

OK point 1.. The N1 and POC were rasied and issued by you, they are not held electronically on systems managed by you, but thats an aside as we are not requesting personal data of any individual.

 

Point 2 if it's a matter of public record can we please have the case numbers, court of issue (I assume Northampton) and court of judgement

 

I just can't see why if you were so chuffed about the judgement you posted it right away without referring to the AUP of the forum that you ,now you know it's naughty to post real names, cannot post a copy of your POC and the defence with the real names obscurred ?

All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are :-)

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Perky,

 

You claim that merely seeing your signage constitutes an acceptance of a contract. You also claim that because the terms of the contract were accepted by this, they are unchallengeable even so the charge is substantially higher than any public parking. Therefore the amount of the charge is irrelevant as a point of law.

 

Since it is irrelevant, why not put £1,000,000 as the parking charge. Since the amount is irrelevant this should still be in your reasoning a valid and enforceable contract, right?

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Guest perky88

were going round and round in circles here.

 

Let me know if you want to appeal a case and I will happily send you information (after speaking with defendant, obviously).

 

Tell me the month you want and I will give you a list .. YOU can then choose one (please do by PM as it will contain names).

 

I will then contact defendant and if they are OK with it ... you're away....

 

 

Anyway .. Ive wasted enough time on this ... the offer is there, I am NOT going to discuss therioes as they get no where and are pointless. (legalhawk you hoined too late and Im too tired to start the process again and I very much doubt you will have anything of real substance to offer).

 

Lets goto court with one of the cases on appeal, argue it on your legal points and lets see the outcome ... nice and simple ....

 

I suspect the real reason is ... when it comes down to it, the likes of legaladvisor has their theories and are too scared to put them to the test (crap about better with a clean case than appeal .. really dont hold water).

 

IT WAS LEGALADVISOR WHO STATED HE WANTED TO APPEAL A CASE .. I GAVE HIM ONE AND HE CHANGED HIS MIND !!!!!

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Guest perky88
Well there's a surprise. It appears the possibility for a PM between me and old perky (who is probably not to perky at this point) has been severed. Yes indeed, no details of old downtrodden Mr Blackburn have materialised from our private parking/cafe magnate. Despite Perky's bravado and rock solid position, it appears when faced with the ultimatum he delighted in giving others, he could not bring himself to have the matter properly tested in court. No doubt we will have a whole host of disciples on here making excuses for him. But a reasonable person will see that the private parking [problematic] are indeed all empty threats and no legal legs to stand on.

 

I have PMd you .... come on .. lets get the appeal started ..

 

You asked for it, I have supplied .... come on ... stand up and be counted and put your therioes to the test, if you have the balls to do it ... which I very much doubt.

 

The forum is waiting .. lets take it to court, as YOU wanted and asked for .. then had the cheeck to say I was backing down for not replying quick ...

 

Its there ... come on legaladvisor ... I suspect you are not a lawyer after all, just an armchair one ... dont worry, I am sure people will assist you in the funding of it . so it wont have to come out of your income support.

 

And if you win .. you may get it all back ... and as youre so confident (well, we will see) ... will be a walk in the park !!

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were going round and round in circles here.

 

Well, let's make it simple and argue on legal authority. What is the legal authority that sets aside Felthouse v. Brindley and allows a contract with a non-communicated acceptance just by seeing a signage?

 

Simple enough?

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I do think it is best to let perky go on his merry way believing himself to be right. Arguing with him is pointless as he has some victories under his belt. I do believe the cases he cites are genuine and he does continue to win his cases. Which is the reason he can shout from the rooftops that PPC charges are legally enforceable. It will only be when, (and I feel the day will come, someday) when he is up against somebody with a very good understanding of the law, and they put forward a strong defence, he will fail in a case. Until that day comes (very soon I hope) he will not listen. Remember, every dog has his day.

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So what you're saying is that you, despite all your crowing will not provide even the case numbers of your "victories" , it's really nice playing with you perky, but there has to be some substance, as you say it's not 1 glove fits all and each case should be considered on it's merits, but without any comparisons there is only 1 case.

 

If as you keep saying "these are a matter of public record" then please do your civic duty and expose each and every one of them to public appraisal.

 

If they are non existent and/or of dubious legality then be man enough to say that you pulled a flanker on a poor minded soul and the DJ had no opportunity but to rule on the points of law as submitted.

 

It all reminds me far to much of the late Mr Pieman of Burnley who you can read all about tomorrow in the lancashire telegraph's retraction of a story written about someone very similar to yourself who manged to con the press with the same story.

All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are :-)

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Guest perky88

Heres 2 cases on my desk at moment ..

 

Coventry County Court - 7QZ80996 , hearing date 31st October 2007 with District Judge Aikman.

 

Harrogate County Court - 7QZ73627, hearing date 16th November 2007 with District Judge Teeman.

 

Any takers ... both argued they didnt see the signage so can't be held to it .. the VERY point of law you so called experts want to argue on.

 

They also argued it was a penalty and not a charge as disproportnate etc... so even more points of law for you to question.

 

Both were defended and took the full 1hr allocated time.

 

Dont like any of those 2 ... tell me and I will post a few more for you to choose from ....

 

Come on ....

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Heres 2 cases on my desk at moment ..

 

Coventry County Court - 7QZ80996 , hearing date 31st October 2007 with District Judge Aikman.

 

Harrogate County Court - 7QZ73627, hearing date 16th November 2007 with District Judge Teeman.

 

Any takers ... both argued they didnt see the signage so can't be held to it .. the VERY point of law you so called experts want to argue on.

 

They also argued it was a penalty and not a charge as disproportnate etc... so even more points of law for you to question.

 

Dont like any of those 2 ... tell me and I will post a few more for you to choose from ....

 

Come on ....

 

FELTHOUSE v BRINDLEY

Felthouse offered to buy his nephews horse and wrote, "If I hear no more about him I shall consider the horse to be mine". The nephew made no reply but asked the Auctioneer to withdraw the horse from a sale as it was sold to Felthouse. The Auctioneer mistakenly included the horse in the sale. Felthouse sued Brindley (Auctioneer) for conversion.

It was held Felthouse had no claim as the nephews acceptance had not been communicated to him.

 

Case law generally overules rumours at the dogfights in the caravan park

well when it's presented to the DJ it does

 

I take it this was raised as point 1 in the defence, verbatim, in thos cases you cite ?

All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are :-)

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Guest perky88

yadder,yadder,yadder ....

 

So many cases ... so many therioes... but NO real cases of these theories being used in a defence to a PPC and winning ...

 

Come on muggerbee, you asked for more cases and I have posted them... you havent commented on them just posted a case to which the last poster referred to. (so you know how to use google ... great)

 

Do you want more cases ... what do you want exactly ..

 

Ah ... every case has been defended badly and no legal argument put - lawerman and people on here will be able to give an argument that no-one else can and they will win ... BUT NOT FORGETTING .. they have been given the chance and not taken it !!!

 

Work with the defendant and win one of these on appeals .. I am sure they will love not paying the £250+ it has cost them to get to court and has been awarded to us .... they will love your "expert" help.

 

And in specific answer to your question .. NO they have not been used as point 1 in the defence .. but you could use it in point 1 of the appeal (on basis law not applied correctly as no offer communicated).

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I do think it is best to let perky go on his merry way believing himself to be right. Arguing with him is pointless as he has some victories under his belt. I do believe the cases he cites are genuine and he does continue to win his cases. Which is the reason he can shout from the rooftops that PPC charges are legally enforceable. It will only be when, (and I feel the day will come, someday) when he is up against somebody with a very good understanding of the law, and they put forward a strong defence, he will fail in a case. Until that day comes (very soon I hope) he will not listen. Remember, every dog has his day.

 

But alas, it will be unlikely to be any of the posters on here as they have shown they have no back bone to follow it through and once the gauntlet is thrown down they just make pathetic excuses not to pursue it !!!

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yadder,yadder,yadder ....

 

So many cases ... so many therioes... but NO real cases of these theories being used in a defence to a PPC and winning ...

 

Come on muggerbee, you asked for more cases and I have posted them... you havent commented on them just posted a case to which the last poster referred to. (so you know how to use google ... great)

 

Do you want more cases ... what do you want exactly ..

 

Ah ... every case has been defended badly and no legal argument put - lawerman and people on here will be able to give an argument that no-one else can and they will win ...

 

Work with the defendant and win one of these on appeals .. I am sure they will love not paying the £250+ it has cost them to get to court and has been awarded to us .... they will love your "expert" help.

 

And in specific answer to your question .. NO they have not been used as point 1 in the defence .. but you could use it in point 1 of the appeal (on basis law not applied correctly as no offer communicated).

 

I asked for the POC and the defence statement, those bits of paper on your desk, if we need to spend hours Trolling :lol: through courts to get details of your crusade against the ignorant it's not really much fun, I'd much rather be helping and supporting the victims of crime than messing about with the causes of it.

 

So to quote a silly arsed looking cuddly toy in a corsa COME ON ...

 

Post the complete history of any of these cases including POC and defence statement plus transcript of judgement, fer pity's sake how difficult can it be for a man of your largesse and immense power

 

Still waiting for a list of managed locations in order to do some mystery shopper tests btw ;-)

All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are :-)

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So many cases ... so many therioes... but NO real cases of these theories being used in a defence to a PPC and winning ...

 

Now we get to the crux of the matter. There are no cases of losing PPCs where the defendant has a used a proper defence because:

 

The only cases won by PPCs have been improper defences, and

If they suspect there will be a proper defence, they play the %age game and decide not to turn up in court.

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Now we get to the crux of the matter. There are no cases of losing PPCs where the defendant has a used a proper defence because:

 

The only cases won by PPCs have been improper defences, and

If they suspect there will be a proper defence, they play the %age game and decide not to turn up in court.

 

Now if you could please explain that to mr perky and his lapdogs

in a manner that gets in and stays in we might get somewhere.

All posts by myself are without prejudice and do not constitue legal advice, they are purely for the discussion of points of law and consumer rights.

I am however not affiliated in any way shape or form with any financial institution or parking company. And if i am elected I will make it mandatory that all persons posting on this forum make such a declaration just so we can all see who the trolls are :-)

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