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    • Makers of insect-based animal feed hope to be able to compete with soybeans on price.View the full article
    • 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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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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rosa2009, caught using Mothers Freedom pass.


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Very sound advice from Wriggler7 as usual and from the 'other side', I agree totally.

 

It is a fact that many people can (and do) settle these matters for themselves. Stick to the fundamentally important details of the case against you. Don't go looking for legal loopholes unless you are well versed in the relevant law.

 

If you feel that you are guilty and have checked what you are being charged with, are sure that you understand it clearly, write straight away and ask if you can be allowed to settle the matter by paying any fare due and all of the reasoinable administrative costs that have been incurred by the Rail Company so as to avoid prosecution and protect your good name.

 

If you are uncomfortable with trying to do it yourself and feel that you are not guilty, go and see a Solicitor who is local to you and who will very likely have an affordable fixed fee for a short consultation and a fixed charge for a one-off letter.

 

From the prosecutors point of view, those flash Solicitors tend to harden the resolve of the Rail Company to do the basics very well.

 

More often than not these cases will ultimately result in a more expensive out of Court settlement achieved by the Solicitor. Quite often they may still result in a conviction for their client, because the Solicitor may well advise a Defendant to change a plea to guilty at the last minute when they realise they aren't going to bully the Prosecutor into withdrawal and the evidence is strong enough.

 

That results in two hefty bills for the Defendant to pay. One to the Court for Fine, Costs & Compensation and a big wedge to the Solicitor.

 

It always reminds me of a note I once saw about a Vet's bill, which was headed: 'To curing your Dog until he died...'

 

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The 'warning' to 'flash' solicitors is that a railway prosecutor does nothing much else, he does a lot of it, and from observations, they do it well. Ask a railway prosecutor about section 25 road signs, and you may well get a blank look, but ask him about Woodard v Eastern Counties Railways (Crikey, hope I remembered that one right) and he is likley to give you a straight quote from the appeal Judge, and his home address.

 

I have recently been asked by our local chappy to run an eye over a very high handed letter from a very big law firm. (I do a lot of stuff for the price of a cup of tea) The letter missed the point entirely, quoting all sorts of very clever stuff about civil debts, totally missed the point that it is a criminal charge. Didn't even get the hint that the case is due to be heard very shortly at a Magistrates Court, not a County/small claims or whatever.

 

The quality of the headed notepaper would cause me to think that the letter will have cost around £120.00. And it would only be any good if it was perforated and tissue. I hadn't heard of the firm, but you can do much more with a phone now than just pressing button 'B', so I googled them. Very impressive portfolios. If you are the CEO of an international conglomerate, they will happily take foreign governments to Court for non payment of all manner of stuff. I suggested that we use 'the local chappies' phone, and we asked them 'do you do criminal defence work?' The receptionist had to go and ask, so we were not surprised that the answer was 'no'.

 

Quand vous etes dans le merde, get a man with a shovel, not a pitch fork, and look at his boots to see if he has ever done that sort of work before.

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  • 3 weeks later...

Duplicate posts moved from both threads.

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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  • 2 weeks later...

Hi guys,

i was in the similar situation like rosa. i went to the hearing, pleaed guilty and explained it was a genuine mistake. I was finally fined 50 and the magistrate told me that the case is now closed and I will not be allowed to repeat the offence in 12 months time otherwise the case will be reopened again. (i won't repeat the stupid mistake in the rest of my life anyway) What does this exactly mean? Will i get a criminal record?

Thank you in advance!

 

p.s. Rosa, I sincerely wish you can be a great lawyer in the near future!

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Hi guys,

i was in the similar situation like rosa. i went to the hearing, pleaed guilty and explained it was a genuine mistake. I was finally fined 50 and the magistrate told me that the case is now closed and I will not be allowed to repeat the offence in 12 months time otherwise the case will be reopened again. (i won't repeat the stupid mistake in the rest of my life anyway) What does this exactly mean? Will i get a criminal record?

Thank you in advance!

 

p.s. Rosa, I sincerely wish you can be a great lawyer in the near future!

 

It means you received a conditional discharge for 12 months, the £50 is presumably for costs.

You have a criminal conviction.

If you commit any offence in the next 12 months this matter will be re-visited & you will be punished for it & the new offence.

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Pursuant section 14 of the Powers of Criminal Courts (Sentencing) Act 2000

14 Effect of discharge.

(1)Subject to subsection (2) below, a conviction of an offence for which an order is made under section 12 above discharging the offender absolutely or conditionally shall be deemed not to be a conviction for any purpose other than the purposes of the proceedings in which the order is made and of any subsequent proceedings which may be taken against the offender under section 13 above.

 

I guess i am not going to be recorded if i behave well, am i right? :|

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  • 3 months later...

Hi, so I got into same mess as Rosa in Novemeber, and it is finally coming to a head, but I must admit it not good news. Court summons, and a conviction!!!!!

 

What I have learnt:

 

1. Honesty is not the best policy - if you reveal the truth, they have more grounds to convict you on. As nice and airy fairy it is to believe that your cooperation will be taken into consideration...IT WONT. - But if you are reading this thread, you probably have already been caught, so you may have already divulged everything.

 

2. Using a freedom pass is not worth it!!!! It is one of the fare evasion charges that they take seriously, so all you have read about people settling out of court does not apply here, especially if you have admitted your at fault. I think unless you have serious mitigating circumstances you will not be able to do so. I dont know what the odds are for you fighting the case if you told them you did not realise your mistake, but I think if you have got a court summons, it means they are pretty sure they can convict you!

 

3. Mitigaing circumstances does not really include the detriment to your job etc, cos that would be everyones case.

 

4. Saying sorry doesnt make a difference if you have told them your intent. I mean, I guess if you have told them everything already, then it wont hurt saying sorry, but dont expect them to feel sorry for you!

 

Im dont know if people will agree with all this, but this is what I have found. I had false hopes of calling the prosecutions manger, saying sorry, crying a bit about my job, and uni, and then him settling out of court. But believe me...that is not the case. So I just wanted people to get a realistic account.

 

I used my dads freedom pass

Got caught

Admitted I knew it was wrong

Admitted it was not my first time (I dont know what came over me...:?:)

Got a letter trying to explain my side of things (Do not ignore this)

Read this thread (realised I was in the s**t hole)

Wrote a letter back trying to shy away from any intent, however saying sorry for my mistake, and telling them the effects on my job at uni, and work, telling them I would even do community service

Got a court summons

Called prosecutions dept to speak to the manager, to try and settle out of court

Told they had good grounds to convict me on so no chance!

 

The rest I guess they say is history.

 

Sorry it is bad news, but I guess it is my fault so I have to face the consequences. On the plus side, I have noticed on some applications (mainly for universities) that is asks if you have any convictions (this is impoertant and you should read the notes, because it then talks about RELEVANT convictions. but this is not classed as a relevant conviction, so I dont know if you have to divulge this...THIS IS NOT GOSPEL, just what I have noticed)

 

Anyway sorry for banging on, hope this helps,

Hope things go better for you guys than it does for me!

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op has posted the outcome

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dx

siteteam

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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