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    • draft order   Leicester County Court County Court 90 Wellington Street Leicester LE1 6HG   In the Leicester county court Claim, No 164MC057 Before District Judge McClure Dated 23//10 2020 Claimant/s Mrs XXXXXX Mrs xxxxxxxxxxx  (nee xxxxxx xxxxxx) and Defendant Goosedale Ltd T/A Goosedale Draft Order IT IS ORDERED THAT: 1. Pursuant to CPR 19.4.1 and CPR 19.2.2 (a) it is requested that a second claimant xxxxxxxxxxx be added to this claim. It is desirable to add the new party so that the court can resolve all the matters in dispute in the proceedings. 2. The proposed amended particulars of claim be reserved Pursuant to Practice Direction 19 (2.1) ###### End of Order ###### Amended Particulars of claim for N1. The claimant and second claimant joinder seek reimbursement of £7700 paid to the defendant on XXX date 2019 in respect of a frustrated contract for a wedding venue booked for the XX date 2020 and which was cancelled by the defendant as a result of implementing government restrictions in respect of Covid 19 Legislation. The principle claimant makes this claim pursuant to Contracts (Rights of Third Parties) Act 1999. The defendant has refused to refund the contract price. The claimant seeks £7700 plus interest plus costs.        
    • I attach the N244 AND Letter and the defendants letter below in order as I complete each step   Thank you I will send these via email to the Court after 13.00hrs cag N244.pdf
    • Thank you Andy no nothing has changed its still the same for £7700 I was going to include the interest and costs, but I understand the claim now a little better, we have been told to work from home, I have printed off the N244 as I could not save a copy I have detailed everything as stated.   I will post up the two letters to be attached the defendants and my daughters, can ii add that she gives me permission to represent her in court as she will be abroad when the claim goes to Court I can get a witness statement from her to confirm this too.   So with the application N244 completed as above for £7700 plus costs and interest I will attache my daughters letter as detailed under Sec 19 (2.1) Defendants letter giving no objections    I will send this by email tonight after I have finished work
    • It's a shame that you don't have pictures of the damage packaging. Not very clever of the recipient not to have taken these photos. Find out all the information you can. Careful preparation and lots of evidence is important. Whether I think you have a good case will not especially relevant. At the end of the day it is you who will have to decide whether you want to fork out the court fee and have a go at getting your money back. Your's to win and your's to lose
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clamped and forced to pay!!! please help! ***WON***


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hi guys im new to all this but i really hope that you can help me, yesterday i went into a pay and display carpark near the college in exeter and when i came back to my car 30 mins later it had been clamped by a company called premier parking solutions and they demanded that i pay £ 100 immediately to de-immobilise my car.

i am heavily pregnant and i have 3 children that i need to get to nursery every day and reluctantly after crying for 20 mins and assuring the inforcer that i had a ticket he said that i had bought the ticet from a machine not allocated to that particular bay. I was totally confused by this and went about checking out the other machines they all charged the same rate of £1.00 per hour except the one i supposidly didnt use which charges 20p per 20 mins (60p per hour) and were all owned by prenmier parking solutions even though i had paid over the odds to park in the same car park, he said this justified him charging me £100 to have the clamp removed, in protest my boyfriend paid the money (by card) so i could at least get the children from the childcare setting.

i have photograped the whole carpark and all the signage around and there is a sign saying that the bay i was in needed to use a different payment meter but it is facing away from the space I am parked in.

The reciept the man gave me was not from premier parking solutions but A sister company called sapphire security (sw)ltd and the ticket is from a company called WJ Parking. i dont really see how all this adds up. the car park clearly displays a huge sign about pay and display and only a tiny small print over the opposite side of the carpark about the other meters.

I have use the template on maney saving expert to ask for a refund but over the phone they have said i am not entitled to one. is this even legal!!!

i am prepared to go to court over this as i am stunned that this could be allowed.

any suggestions??:)

kim

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Hi Kim,

 

Welcome to the forums.

 

Cases like yours make my blood boil. They are little more than blood-sucking parasites.

 

However there are some remedies. Your best bet is to try for a refund from the card company.

 

If that fails have a read of the clamping guide in the stickies section. There are some remedies listed in it and it was written to explain your rights and the legalities.

 

 

 

Taking pictures is a good thing as you will probably have to take it to court. Make sure you go after the landowner and the clampers. Clampers have been known to disappear and invent themselves under a new guise. Landowners find it a little more difficult. The land registry should be able to supply details of the landowner.

 

Any questions post back.

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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hi i have phoned my partners card company but they are unable to refund as they have already sent out the payment ( it was a debit not credit card) i have just discovered however that the company are under administration as s sub group of Wj parking and that sapphire securities are the same thing ( same director and everything) can i do anything because of this. i have also found out that the land owners are network rail so they will be the co defendants if i take it to small claims court.

do i have a good enough case even?

i saw the guy today clamping another car in another part of exeter, im so gutted!

has anyone taken it that far before and won?

someone said once i make the application to court the land owner will probably pay to avoid the bad confrontation of court.

any ideas?

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If they are in administration and their paperwork does not declare it then report them to Companies House compliance. There are better experts than I on dealing with uncooperative banks re recharges.

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do i have a good enough case even?

i saw the guy today clamping another car in another part of exeter, im so gutted!

Clamping is dependent on "implied consent". Basically if you park in defiance of a sign you can expect to be clamped. It comes down to the fact that a reasonable person would have seen and understood the signs.

 

You will have to convince a county court judge that the signage was deficient and therefore you could not be presumed to have agreed to being clamped. Then judge will hear the evidence and decide what is most likely to have happened based on the balance of probabilities.

 

Clamping is a remedy for trespass rather than for contract breach. Now in your case there are several P&D machines. Unless the signage is very specific and clear about what machine you should be using then IMV you have a case.

 

From what you've posted they have multiple machines and the signage is unclear. You should go back to the car park (on foot if necessary) and take photos of signs at the entrance and on your route to and from where your car was parked.

 

You are looking for size, height and so on. Can it be clearly read and are the terms clear and unambiguous. Also check if signage states which bays/areas it is to be used with. If it doesn't meet the above criteria then you would have a case.

 

Also check in the clamping guide for any breaches of the SIA requirements. They will strengthen your case.

 

Before you contemplate court, Civil Procedure Rules state that you should attempt to resolve the matter before persuing it in court. You should contact the clampers and the landowner in writing stating your case using the title Letter Before Action. Given them 7-14 days to respond and send recorded delivery. Stress the the signs were unclear and that you made a genuine effort to pay.

 

If they refuse to refund, then you need to lodge a claim at the county court. You can do this at your local court or via MCOL (Money Claim Online).

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This does not constitute legal advice and is not represented as a substitute for legal advice from an appropriately qualified person or firm.

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Can you google the car park and post on here the location, or just tell us which street it is in.

 

What is the reason for this one bay having a different payment meter? Is that made clear when you enter the car park or indeed when you park? You say the notice telling you that is facing away from the bay you parked in, so how are you to know? Do you suspect this has been set up delibertitely to catch people out? That is deception and needs looking into. Get trading standards down there to see for themselves, don't let them fob you off. Do extensive photographing and ideally a walk around with a video camera - especially in relation to THAT bay and the relevant signages everywhere.

 

A little late now, but NEVER pay by debit card. It is worth the extra charge to pay by credit card because it is easier to charge back.

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the car park is on victoria yard next to the exeter college victoria yard building it has a railway line running off of it and the road that leads to it is off of queen street and is opposite the central train station.

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the car park next to the railway lines is the one i was in. in the first space to the left as you enter it. next to the stripy yellow lines. the pay and display machine and sign was to my right and the sign saying that it was a different machine was to the back of my car facing away from the space.

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Ok, so lets look at the following picture:

 

I am asuming then that you parked where the RED arrow is pointing and facing away from the green line?

 

I cannot tell from the pics exactly, but it looks like that might be a machine circled in green and another circled in pink. Is one of these the one you used?

 

The green line; is that where the sign for that space was? Was it only readable if you walked to the end of the green arrow and then looked back at your car?

 

Hopefully I have some of this right! LOL. I am trying to help.

 

EDIT: Actually I now see that the green circle is actually someones car.

Exeter2.jpg

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ok. this is brill thanks so much for your help.

ye i was parked in the red arrowed space facing away from the green line and i paid at the pay and display machine to the R circled in pink.

the sign was a little to the right of where the green line is but pointing in the same direction and the slot machine was lowere than the height of my car and located directle between where your green line is and my car.

many thanks

kls203

also where the pink p d machine is a hugh blue and white sign saying 'have you paid and displayed??'

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No problem, that is what we all joined the forum for.

 

OK. So, the pink circle is where you did pay. Where is it that you should have paid?

 

Just so I am clear on teh sign by your car, are you saying it was so low down that you couldn't see it with your car parked there? It was pointing where exactly? Looking at the picture and using a clock face, with 12 o'clock being stright up and 6 o'clock being straight down, where would you have to stand in order to correctly read the sign? (I hope that makes sense). So if for example I would need to stand where the pink circled machine is, then I would say the sign was pointing at almost 3'oclock.

 

How far up from the ground was the actual sign approximately? 1ft? 6ft?

 

All this will be valuable for you when we get to the nitty gritty of exactly what was where. Do you have a photo of the signs?

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i am really sorry i wasnt trying to start the same thread again i was asking a separate q about contract and the person replying asked if i had been clamped so i replyed yes, i didnt mean to offend you i was just trying to establish other facts.

i understand if you wont help me any more! really sorry im new to all this i didnt realise i had to stick to the same thread etc!

:(

thanks for all your help anyway

kls203

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:) hi all

thankyou to this site and the great wheelerdealer who gave me some help.

i wrote to the company to contest the clamp release fee and to my local news paper.

it seams that wj parking are in need of some good publicity as today they have printed my story in the local paper and the parking company have given a counter statement saying that they do not accept liability but as a good will gesture they will refund me the £100 back into my card account!!!

what a result, so if in doubt get them some bad press, it seemed to work for me!!!

thankyou to all who gave me your great advice.

kim x:D

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L'oreal ....... You are worth it LOL.

 

Glad to help. If we all shout loud enough we can sometimes beat the baddies. Never be afraid to shout when you have been stitched up. I won't take any credit, all I did was help you make your own decision. Good for you.

 

Another result for the forum.:D

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A spokesman for Premier Parking Solutions said: “I will get someone to do a site survey of the car park.

“We may have taken the car park over from another operator, but a few people have been concerned about this car park. We will see if we can make it clearer.”

He said the car park exceeded British Parking Association standards.

 

 

haha and what "standards" would they be for protecting drivers?

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Hi, Kls203.

 

I have merged your 3 threads on this subject :) and changed the 'title' to 'WON'

 

Good stuff :) Congratulations.

 

Regards.

 

Scott.

 
 

Any advice I give is honest and in good faith.:)

If in doubt, you should seek the opinion of a Qualified Professional.

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Help keep it up and active, helping people like you.

If you no longer require help, please do what you can to help others

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