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    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Hi Ho Hi Ho off to the sheriff court I'll go!


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After the long process of getting the statements, asking for the money, asking for the money again and a day spent downloading, filling in, checking, amending, rechecking and printing out Summary Cause forms along with spreadsheets of my claims - I'm off to the Sherriff court tomorrow to sue the fecking pants off RBS. Wish me luck - and expect some of the cash for this site!:p

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Good Luck tomorrow hope it goes well, would be really interested to hear how you get on.

9/8 - Discovered Consumer Action Group Site:D

 

RBOS - Personal Account

10/8 - S.A.R - (Subject Access Request) to RBOS

17/5 - Defence lodged by RBS

24/5 - Court date

21/5 - Offer received:rolleyes:

22/5 - Offer rejected

25/5 - New offer received and accepted!!!!!!

 

MBNA Credit Card

10/8 - S.A.R - (Subject Access Request) to MBNA

Feb 07 Received payment in full...Yeh!!!!:-D

 

RBOS Business Account

25/5 - May 07 - Statements received

23/7 - Offered received

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All went very well - was just handing in summary cause papers (sorry if gave impression was up in court:-)!) - but it did feel good to take that significant step and also will be fun to send the baillifs in to the bank to deliver the summonses, lol.

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Yep, pretty confident - done everything by the book, kept records, copies of letters and the bank's replies, haven't claimed for anything that isn't a penalty charge, stuck to the timetable - even a bit lenient. The actual points of law seem well established now (although more successful litigation would be good!), the media attention is helpful to an extent and the lass at the sheriff court mentioned a couple of people had already had successful outcomes recently, so the sheriff has obviously seen the arguments (I'm not in the big city here, :)).

So, fingers crossed and I'll wait to here something back from the bank or the court.

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Well I handed my summary cause asking for £965 + costs plus expenses in at the sheriff court yesterday too - I'm also in a small town - haddington to be presise. The woman didn't say anything to me though apart from the fact that I would have to take it up to the sheriff officers myself.- this also costs money - not too much I hope. I have also been careful about keeping replies all as you said above - keep me posted to how you are doing, we could compare notes!

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  • 1 month later...

Very happy bunny tonight! Phase 1 of campaign against RBOS and claim against HBOS both appear suddenly to have met with total success!

Can't say much more 'cos I promised! But yet to see the cash in the account and still a way to go until victory is complete.

All I can say is - if in Scotland don't neglect the Summary Cause as long as it's well prepared.:):):)

Sorry haven't been around for awhile - too much happening! Good to come back on a positive vibe:D

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I am taking my claims in for Barclaycard and Marbles to sheriff court in Aberdeen tomorrow. RBS have yet to respond to my LBA but no it will be a NO and then it will back to sheriffs court again. They will prob be sick of seeing me soon as i have quite a few claims on the go, unless i'm lucky to win before.

:grin: WON

GOLDFISH £291.90

MARBLES £174.47

RBOS VISA £232.19

AMEX (BLUE) £148.40

BARCLAYCARD £251.31

AMEX (BA) £151.50

RBOS M/C £222.00

RBOS (MY ACC) £430.00

BARCLAYS £505.00

MBNA £250.00

RBOS (JOINT) £2975.00

:grin:

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good luck tomorrow!:D

1/9/06 RBS claim #1

8/11/06 - claim settled

17/11 claim #2 started - incl creditcard

30/11 - CC statements received

31/11 - Prelims issued - RBS paying up, only M/C to go)

 

If any of my advice/ info has been helpful, please click the scales:D

 

Please also remember that any advice is given from my own experience and in good faith as a lay person. If in doubt, please contact a qualified professional:)

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