Perky DEFEATED in Oldham County Court 12 MAY 08 ***won on 2nd Hearing ***

[lamma]

Thats great octron32, if only you had logged on 24hrs ago it would have stopped all this.

 

I look forward to a public apology from those who doubted me when it is shown that everything I have said is correct.

 

Two things:

Everything you have said is not correct.

ref 'Struck out' and the judge 'ordering' a new PoC.

and

 

Doubt doesn't enter into it.

 

shame you didn't just post it up yourself really. but I think your intention was just to get someone to pay something as you see it as a victory.

Many on here are motivated by other things than money as we already solved the money thing.

 

As I have said several times already. We will find out on due course how good Perky's amended case is.

 

I am sure he has fully considered all the possible consequences of having a second bite.

[fridgedoor]

Thats great octron32, if only you had logged on 24hrs ago it would have stopped all this.

 

I look forward to a public apology from those who doubted me when it is shown that everything I have said is correct.

 

Er no! If only you had posted up the transcript you hold it would have stopped all this.Regards everything you have said, you first said there was nothing adverse to CPS in the transcript, then said of course it contains material negative to CPS. When we point out all the negative material , are you intending to say "I told you so" and demand your apology? Or are you going back to your original statement that there is nothing negative in it?

[correction999]

I would guess it will be red faces all around at CPS Towers. This is after supplying us with the evidence the claim had been struck out after all. Maybe he is a wheel clamper after all - he certainly has the required intellectual capacity for the job.

 

I will not respond by lowering myself to personal insults.

 

I would however wait until you see the transcript instead of guessing, all will be revealed in the goodness of time.

 

As for being in Scotland, not sure where that came from (poster=lamma) I stated before I was in Birmingham .. and as for taking money off hard working people, hardly ... Most people take the chance, park next to clear signage because they have done it many times before and not been caught, they cant be bothered to pay 50p or whatever in a carpark and think they will not be caught !!! - then have the cheek to moan when they get caught by the clamp/towed away ... you can only roll the dice so many times.

 

I have started a new thread on wheelclamping as I am interested in your viewpoints, I am sure to disagree but my employment is nothing to do with a case in Oldham and we should keep to topic.

[fridgedoor]

my employment is nothing to do with a case in Oldham and we should keep to topic.

 

Strange that for someone who has spent 2 days and 17 or so posts talking about nothing other than the Oldham case. Someone who tells us he has no connection with CPS but happens to have in his back pocket a copy of the court order and the transcript of the court hearing. Correction999, you now appear very anxious to move away from the case - any particular reason for your sudden change of interest? It is notable that you want to move away from it at a time when a transcript of what transpired on 12 May will be forthcoming. Are the two connected, I wonder?

[correction999]

Nope, the next post with anything to say will be the person who posts the transcript .. until then I see nothing more I can add that will change your views.

 

octron32 will get you the transcript and post it, until then we are not going to proceed and achieve anything constructive.

[fridgedoor]

the next post with anything to say will be the person who posts the transcript

 

I see that you have added the role of site moderator to your other role of chief spokeskman for CPS even though you have nothing to do with them. People are free to post to this thread as much as they like as long as it remains on topic. We are all looking forward to the transcript. Personally I believe it will be extremely revealing and not at all as portrayed.

[lamma]

so when is the date of the next hearing ?

[skbuncks]

Why not send to:

 

Consumer Action Group

PO Box 7481

Derby

DE1 0LE

skb

[tiglet]

I think perhaps it was the tone of the warning, peps, so, as I'm not involved, how about a calm one from me?

 

It is never advisable to send any member of this forum (or, indeed any other) personal details, such as address, DOB etc. as you do not really know with whom you are communicating and those details could be misused for various reasons.

[Guinness_the_cat]

Hi,

 

Was following this tread at work until friday - appears to have lost a few posts since. Have they all been moved to the OT beer garden thread or just disappeared?

 

Just curious as to me it seams interesting (curently just ignoring a eurocarparks 'invoice' myself)

[crem]

Hi,

 

Was following this tread at work until friday - appears to have lost a few posts since. Have they all been moved to the OT beer garden thread or just disappeared?

 

 

Yes, they are in the beer garden.

[Hobbie]

How come this thread died.... did perky and his "spokes people" give up business

[JonCris]

Not now it hasn't:D

[leicesterlad]

has this just died a death i was quite enjoying it??????

[wimberry]

Very interesting thread, many thanks for the details!

[threeamp]

I live in oldham and i would be glad to ask for anything you like from the court. I am off work for two days next week so please let me know what i need to ask for. I have recently rejected a request for some of my hard earned by one of these [edited] and would love to think i could contribute to everyone doing likewise.

Edited August 27, 2008 by jonni2bad

[angry_driver]

I am reporting on the famous Oldham Case between Combined Parking Solutions and Mr Stephen Thomas … as you may remember it was incorrectly reported on this site in May that the case had been dismissed with no leave to appeal etc.

Case Number: 8QT03984

I am surprised that Legaladviser (or one of his many alter-Egos hasn’t already posted it as he was quick enough last time to post the incorrect story)

Well, the case was heard today during a 3.5hr hearing with District Judge Ackroyd at Oldham County Court with the full CAG/PePiPoo defence being submitted, the full CAG/PePiPoo assisted witness statements and photographs.

I think it is widely acknowledged that there has been MAJOR input by the so called legal experts on this site and I have to be honest the defence was a good attempt (I would give if 6/10 for effort)

Mr Thomas was accompanied by his lay ‘legal’ representative from CAG/PePiPoo and he would not state his username but his real name was Mr Stephen Large.

Anyway … The case resulted in a FULL VICTORY for Combined Parking Solutions and a total ticket bill of over £250 for the very pitiful looking Mr Thomas.

The judge criticised the advice and methods used by these websites (ie, to ignore and then send letters stating take it up with the driver) – He stated that Mr Thomas was a very “Disingenuous” person by his way in dealing with the matter.

The full case presented by Mr Thomas/Mr Large was everything that was expected .. Prove I was the driver you have no evidence, In any event the signage is not enough to establish a contract, No consideration was given thus a contract cant be created and finally that the charge was penal.

All the cases quoted on here were used (Dunlop, Clydebank Shipping, Price v Easton etc..).

The judge (after a 3hr hearing) confirmed that on the balance of probailities Mr Thomas was driving … The signage was sufficient (despite the defendant using the selective wording from the Vine case that it must be seen, however he missed out later in the judgement where it stated it did not have to be actually read !!) and then stated it was NOT a penalty but a charge.

So .. The questions now are:

Are the CAG/PePiPoo people going to deny all involvement in this case because it has failed miserably .. or all they going to admit defeat.

As the defence was so good that every PPC will fail … well now you have the perfect opportunity to lodge an appeal on a legal ground and get it taken higher … the gauntlet is now thrown for you.

Is the person who spoke on behalf of Mr Thomas going to confirm their identity ?? or as they were shamefully defeated are they going to keep a low profile !!!

I must admit, the defendants did look surprised when they quoted the Excel Case and when questioned it was clear they knew NOTHING about it only the mis reporting in the papers and on here. (the claimant had the FULL transcript as to why the loss happened)

They were even more surprised when a copy of the transcript from the Thomas case in May was produced that clearly showed there was NO evidence heard and the comment that the claimant had no evidence and stated ‘we just know he was the driver’ was complete and utter rubbish.

This case shows that the BEST prepared defence prepared by the experts (word used loosely) can and will fail if the parking charge was issued correctly, and in this instance it was .. They are NOT penalties (although the judge did comment that to the average man on the street they could be seen as such, but when the charge is broken down it is clear that it is not penal in any way).

The worst thing was, The defendant is obviously facing difficult financial circumstances and the original charge was £60 .. now it it over £250 .. If he doesn’t pay within 28-days he will have a CCJ for 6 years.

I feel sorry that he fell for the advice on here and to his detriment it has cost him dearly ….

There were representatives from Combined Parking (2), Reporter from Local Paper and 2 representatives from another parking company who are about to commence issuing legal action for unpaid charges.

I am sure you would all like me to pass on your congratulations to Perky for having the balls to take on CAG/PePiPoo and for the victory (although only in the small claims court .. but hey, you all said it would never be done !!!)

I will answer openly any questions you may have.

MESSAGE TO STETHOMAS ... Your comments would be useful, you were very vocal when trying to convince of your win.

On a serious note, it is noted that this will case you financial hardship ... I have been asked to get you to contact CPS and they will try and reduce the amount you have to pay, as a good will gesture.

[My Real Name]

Is there a transcript available?

[angry_driver]

If you fill in the relevant forms, send off the relevant fee they will send you one.

 

I think a report will be in the Oldham Echo tomorrow also, as a reporter was there.

[My Real Name]

If you fill in the relevant forms, send off the relevant fee they will send you one.

Why would I want to do that? Surely it would be in your own interest to corroborate everything you say - Otherwise it's just empty posturing.

 

I think a report will be in the Oldham Echo tomorrow also, as a reporter was there.

Let's wait and see then.

[letshelp]

subscribing

[angry_driver]

Where is Geronimoman and Legaladviser for their comments ... they were very vocal in the original incorect thread:

 

http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/144471-perky-defeated-oldham-county.html

[angry_driver]

Or from Stethomas ... he was active today at 19:01 but yet hasnt responded !!!!

 

Please someone who had a hand in this 'a good defence will always see off a PPC' FAILURE comment on it ... the forum awaits :

[angry_driver]

Why would I want to do that? Surely it would be in your own interest to corroborate everything you say - Otherwise it's just empty posturing.

 

Let's wait and see then.

 

I have no need to prove anything, I think the silence from other parties speak volumes.

 

What this has proved is people coming on here and PePiPoo, getting a defence and being told 'it will never lose' are being used as fools to promote the egos of certain (not all) members of this and other online communities who are nothing else but armchair lawyers with no real legal experience in the field.

 

This case was NOT about the money, it was to show that parking charges (IF issued correctly with the correct signage etc..) are perfectly valid and legal DESPITE the 'park anywhere, get lots of tickets and screw them brigade' saying they are unenforceable invoices with the correct defence.

 

Today has shown that they are enforceable and in addition the other party has a right within 14-days to submit an appeal and I know the parking companies would LOVE that to happen.

 

This way it will go higher, but of course the likes of LegalAdviser, Geronimoman etc.. do not want that as they know they will lose and be knocked off their soapbox.

 

What Perky did do, is something that no other person dared to - you can dislike parking all you want but he stood his ground and took you/them on and won (albeit in a small claims court).

 

Bring the appeal on, the legal issues were in the defence so obviously if you/they still feel that are all unenforceable invoices then the Judge made a mistake on a point of law and this is a ground for appeal....

[lamma]

I suspect internet 'trapping' - past behaviour is an indication.