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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
    • well post it here as a text in a the msg reply half of it is blanked out. dx  
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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.

      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 
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    • 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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dooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooooofus

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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Any help and advice is offered in good faith, based solely on my own knowledge and on experience gathered from this site. I am not qualified to offer legal or financial advice, which you should seek from an expert before making any important decisions. My opinions are therefore offered without liability.

 

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best road sign I know of is the one at the top of the M40 just before it joins the M42... looks like someone standing on their head who needs the loo people who have never seen it before just dont believe it :D

 

tried to find a pic of it but failed :rolleyes:

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I met this bloke with a didgeridoo and he was playing Dancing Queen

on it I thought, "That's Aboriginal."

 

This lorry full of tortoises collided with a van full of terrapins.

It was a turtle disaster.

 

I told my girlfriend I had a job in a bowling alley.. She

said "Tenpin?" I said, "No, permanent."

 

I went in to a pet shop. I said, "Can I buy a goldfish?" The guy

said, "Do you want an aquarium?" I said, "I don't care what star sign it is."

 

I was at a Garden Centre and I asked for something herby. They gave

me a Volkswagen with no driver.

 

I went to the local video shop and I said "Can I borrow Batman

Forever?" He said, "No, you'll have to bring it back tomorrow"

 

Batman came up to me and he hit me over the head with a vase and he

went T'PAU! I said "Don't you mean KAPOW?? He said "No, I've got china in my hand."

 

I bought some Armageddon cheese today, and it said on the

packet. 'Best Before End'

 

I went to buy a watch, and the man in the shop said "Analogue." I

said "No, just a watch."

 

I went into a shop and I said, "Can someone sell me a kettle." The

bloke said "Kenwood" I said, "Where is he then?"

 

My mate is in love with two schoolbags. He's bisatchel.

 

I went to the doctor. I said to him "I'm frightened of lapels." He

said, "You've got cholera."

 

I met the bloke who invented crosswords today. I can't remember his

name, it's P something T something R.

 

I was reading this book today, The History Of Glue. I couldn't put it

down.

 

I phoned the local ramblers club today, but the bloke who answered

just went on and on.

 

The recruitment consultant asked me "What do you think of voluntary

work?? I said "I wouldn't do it if you paid me."

 

I was in the jungle and there was this monkey with a tin opener. I

said, "You don't need a tin opener to peel a banana." He said, "No, this is

for the custard."

 

This policeman came up to me with a pencil and a piece of very thin

paper.He said, "I want you to trace someone for me."

 

I told my mum that I'd opened a theatre. She said, "Are you having me

on?" I said, "Well I'll give you an audition, but I'm not promising you

anything."

 

I phoned the local builders today, I said to them "Can I have a skip

outside my house?" He said, "I'm not stopping you"

 

This cowboy walks in to a German car showroom and he says "Audi!"

 

I fancied a game of darts with my mate. He said, "Nearest the bull

goes

first" He went "Baah" and I went "Moo" He said "You're closest"

 

I was driving up the motorway and my boss phoned me and he told me

I'd been

promoted. I was so shocked I swerved the car. He phoned me again to

say I'd

been promoted even higher and I swerved again. He then made me

managing

director and I went right off into a tree. The police came and asked

me what

had happened. I said "I careered off the road"

 

I visited the offices of the RSPCA today. It's tiny: you couldn't

swing a

cat in there.

 

I was stealing things in the supermarket today while balanced on the

shoulders of a couple of vampires. I was charged with shoplifting on

two

counts.

 

I bought a train ticket to France and the ticket seller

said "Eurostar" I

said "Well I've been on telly but I'm no Robbie Williams.

 

I phoned the local gym and I asked if they could teach me how to do

the

splits. He said, "How flexible are you?" I said, "I can't make

Tuesdays or

Thursdays."

Lula

 

Lula v Abbey - Settled

Lula v Abbey (2) - Settled

Lula v Abbey (3) - Stayed

 

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best road sign I know of is the one at the top of the M40 just before it joins the M42... looks like someone standing on their head who needs the loo people who have never seen it before just dont believe it :D

 

tried to find a pic of it but failed :rolleyes:

 

I know the sign but... :???:

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funny-baby.jpg

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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Naughty Kitties

 

 

 

65856164.jpg

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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A farmer in Ireland named Seamus had a car accident.

In court, the lorry company's fancy hot shot solicitor was

Questioning Seamus.

 

'Didn't you say, to the Garda at the scene of the accident, 'I'm fine,'?'

Asked the solicitor.

 

Seamus responded, 'Well, I'll tell you what happened. I had just

Loaded my favourite cow, Bessie, into the...'

 

'I didn't ask for any details', the solicitor interrupted. 'Just

Answer the question. Did you not say, at the scene of the accident,

'I'm fine!'?'

 

Seamus said, 'Well, I had just got Bessie into the trailer and I was

Driving down the road....'

 

The solicitor interrupted again and said, 'Your Honour, I am trying

To establish the fact that, at the scene of the accident, this man

Told the Gárda on the scene that he was fine. Now several weeks after

The accident he is trying to sue my client. I believe he is a fraud.

Please tell him to simply answer the question.'

 

By this time, the Judge was fairly interested in Seamus's answer and

Said to the solicitor, 'I'd like to hear what he has to say about his

Favourite cow, Bessie'.

 

Seamus thanked the Judge and proceeded. 'Well as I was saying, I had

Just loaded Bessie, my favourite cow, into the trailer and was

Driving her down the road when this huge lorry and trailer came

Through a stop sign and hit my trailer right in the side. I was

Thrown into one ditch and Bessie was thrown into the other. I was

Hurt, very bad like, and didn't want to move.

 

However, I could hear old Bessie moaning and groaning. I knew she was

In terrible shape just by her groans. Shortly after the accident a

Garda on a motorbike turned up. He could hear Bessie moaning and

Groaning so he went over to her. After he looked at her, and saw her

condition, he took out his gun and shot her between the eyes.

 

Then the Garda came across the road, gun still in hand, looked at me,

And said, 'How are you feeling?'

 

'Now..... what would you say?'

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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.

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91832749.gif

I Wish you everything you wish yourself.

 

NatWest Claimed £1,639. Accepted £1,344.

Natwest Paid me again as GOGW £1,656. Yes they can have it back if they say please.

Barclays 1 Claimed £1,260. Won by default. Paid in full

Barclays 2 Claimed £2,378. Won by default. Paid in full

Birmingham Midshires. Claimed £2,122. Accepted £2,075.

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