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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated “Upon it being recorded that District Judge Jones- Evans has over a very significant period of time warned advocates (...) in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared (…) the claim is struck out and declared to be wholly without merit and an abuse of process.”  7.6 In Claim Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ''It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4)) of the Civil Procedure Rules 1998...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  I believe that the facts stated in this witness statement are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
    • Thanks for all the suggestions so far I will amend original WS and send again for review.  While looking at my post at very beginning when I submitted photos of signs around the car park I noticed that it says 5 hours maximum stay while the signage sent by solicitor shows 4 hours maximum stay but mine is related to electric bay abuse not sure if this can be of any use in WS.
    • Not sure what to make of that or what it means for me, I was just about to head to my kip and it's a bit too late for legalise. When is the "expenditure occured"?  When they start spending money to write to me?  Or is this a bad thing (as "harsh" would imply)? When all is said and done, I do not have two beans to rub together, we rent our home and EVERYTHING of value has been purchased by and is in my wife's name and we are not financially linked in any way.  So at least if I can't escape my fate I can at least know that they will get sweet FA from me anyway   edit:  ah.. Sophia Harrison: Time bar decision tough on claimants WWW.SCOTTISHLEGAL.COM Time bar is a very complex area of law in Scotland relating to the period in which a claim for breach of duty can be pursued. The Scottish government...   This explains it like I am 5.  So, a good thing then because creditors clearly know they have suffered a loss the minute I stop paying them, this is why it is "harsh" (for them, not me)? Am I understanding this correctly?  
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Trouble is locotus, nit's love nice clean hair!

Nit's jump from dirty, greasy hair, onto their lovely clean new hosts...

 

The parent's that are caring, ensure that their children are clean and healthy;

walk into any decent family bathroom (obviously one with young children) and one will find, nit comb; anti-nit shampoo's; family pack's of worm tablet's etc.

 

Cleanliness, come from the home,

as does common decency.

 

Parent's should teach their children to be polite and clean from an early age.

 

Unfortunately, some parent's just do not care?

Letting their children run amock;

the same children end up as asbos's:)

Never having had a chance in life:(

 

If the parent's cannot control their children, who else can instill the basic rules of life and decency, but teachers; dedicated teachers that is.

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My daughter's school has a nit nurse and if she finds any we all get a letter home that night saying that a child in the class has nits and to check and treat if necessary.

 

I use Vosene Kids Head Lice Repellent shampoo, and she's never had them yet. (I know, famous last words.) Have you tried that one, locutus? You don't see it everywhere.

Tried, along side tea tree oil, vinegar, other repelants... I think the only cure is the one SOD'EM said

 

Or you could just give every kid in the country a hairdo like this.

 

bald_big.jpg

 

 

Problem solved:p

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Here comes half-glass-full Bookie: Because my son goes to a special school, 1/2 kids in the class, and because autistic kids tend not to have close contact with one another, no nits!!!

 

(Other child who goes to college, on the other hand... :mad:)

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and I have always hated this forced 'outing' that started so many years ago now.

 

The 'out' squad was led, for a time at least, by Peter Tatchell who fought the 1983 Bermondsey by-election, probably the dirtiest in British History. Tatchell, who is gay, had a rough time of it - posters with his and the Queen's head on and the words 'which Queen would you vote for?' were circulated, LibDem canvassers wore badges saying 'I've been kissed by Peter Tatchell' and Tatchell himself received numerous death threats.

 

The irony of it all was the this by election was won by Simon Hughes who himself was gay but had only admitted this years later.

 

I could never understand the 'out' squad either for behaving in a way that I'm sure they would have criticised the 'gutter press' for.

 

It's a strange old world.

Before you criticise another man you should first walk a mile in his shoes. Then, when you criticise him, you'll be a mile away and he won't have any shoes on.

 

Don't get me confused with somebody knowledgeable by all those green blobs. I got most of them by making people laugh.

 

I am not European, I am English.

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P1

 

I really admire you for doing that job. :)

 

The fact that any parent could object to being told their child has nits and consider it 'abuse' is ludicrous. Presumably they'd prefer the whole class got it, rather than deal with it. Their poor children. :(

 

The point I was trying to make was that big money does need to be spent at schools. Someone needs to do it and bite the bullet otherwise the percentage of unemployable people living on the state will increase every year.

 

 

I enjoy the job and love working with challenging kids... it's just the hoops teachers need to jump through in order to do the job. That's what gets to me... Rather than bring in measures to deal with unruly behaviour, the expectation is that teachers have to control the class. It would be funny it wasn't so alarming. The number of social "disorders" :roll: that exist nowadays mean that you're walking on eggshells most of the time because the school doesn't want any comeback.

 

My class (Yr. 11s) have run rings around other teachers in the school, but are good with me because of the relationship we've built up.... but that's not without discipline and it takes time. Ofsted haven't got a clue what it takes.... :mad:

 

I agree with you that money needs to be spent on schools but thousands gets chucked at schools as it is. It needs to be be spent responsibly and properly. We recently had 2 vice principals fly out on a freebie to Ghana recently to build relations. WTF?! :confused: Two few people are paid too much money to do b*gger all, it seems.

 

As for the nits.... these seem to be more rife in primary than secondary but there are parents out there who won't/can't afford to spend money on products to deal with it anyway. :(

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Trouble is locotus, nit's love nice clean hair!

Nit's jump from dirty, greasy hair, onto their lovely clean new hosts...

 

 

I saw a programme on tv not all that long ago and the above is bunk. It was a tale started to bring the problem out into the open and by associating nits with dirty heads was going to keep it under wraps as no one wanted the shame of being thought to not wash their hair and which children, being what they are, wouldn't mix with someone who didn't wash.

 

I think it was a clever piece of propaganda, I can just imagine a bragging kid saying to another "have you got nits"? "no" "huh, I have".

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I saw a programme on tv not all that long ago and the above is bunk. It was a tale started to bring the problem out into the open and by associating nits with dirty heads was going to keep it under wraps as no one wanted the shame of being thought to not wash their hair and which children, being what they are, wouldn't mix with someone who didn't wash.

 

I think it was a clever piece of propaganda, I can just imagine a bragging kid saying to another "have you got nits"? "no" "huh, I have".

 

 

Seen that myself, and I have been trying to find some evidence of it on the net. I beleive that nits are more likely to go to clean hair because it is easier for the eggs and larvae to cling on.

 

So the greasier/dirtier the hair, the better when it comes to keeping nits away.

 

 

I don't have to worry anymore, because I have got a head like a smacked a**e. :)

 

 

If all else fails, kick them where it hurts and SOD'EM;)

 

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From what I've seen / read it matters not how clean the head is.

 

Personally I keep my hair 2 short for them, but the other 4 house members get them, and the only effective way is to get rid of them all at once.

 

No replants work in my experience, the chemicals do work to kill them, but on the instructions, you should only do that once every 3 months.

 

Bottom line, the only way children can keep clear of them is for all their friends to get rid of them aswell.

 

Anyway, from 1 type of parasite to another... whats happening in the world of politics? David Laws has been bitten by scandal, I'd like to believe he's a victim of trying to cover his private life up, and the little lies about his relationship he told escalated into a great big one. Still though, I wonder if he'd have made that mistake if it was £40,000 out of his pocket rather than into it....

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Nits and politics, there is a connection!

 

In 2006 MP's were banned from using Commons allowances to pay rent to family members or partners however, Mr laws continued claiming rent until June 2007. If Mr laws had just stopped doing this when the rules were made he could have avoided all this furore.

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by locutus:

David Laws has been bitten by scandal, I'd like to believe he's a victim of trying to cover his private life up, and the little lies about his relationship he told escalated into a great big one. Still though, I wonder if he'd have made that mistake if it was £40,000 out of his pocket rather than into it....

 

Technically speaking though, David Laws was entiitled to the £950 per month allowance.

And we are all broad minded nowadays about people's sexuality, which is their business.

 

One would have thought that an ex-banker would be aware of the rules and regs, in general. After all, the rules re: claiming were changed in 2006, under GB; were they clear?

 

I cannot help but think that there is more to this than meets the eye?

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Seen that myself' date=' and I have been trying to find some evidence of it on the net. I beleive that nits are more likely to go to clean hair because it is easier for the eggs and larvae to cling on.[/quote']

 

Yes, I remember my GP saying the same, when I took one of my blond daughters to him Re: Head Lice.

He prescribed some vile smelling lotion, which eventually killed the little blighters.

But, not after a struggle (apparently they burrow under the skin but lay their eggs in the hair)!

 

The whole family of four, had to use this odious embrocation.

I threw out all the pillows;

boil washed all the bed linen, towels etc.

 

This occured some years ago, but today the memory still makes my head, ITCH

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Yes, conspiracy can come to mind, one to consider is some T's, thinking 1922 committee, want the position for somebody else and found a way to do it. Maybe also conservative in their views to allow a person who doesn't fit the 2.2 family unit ethos. Who knows, i'm repeating myself but the right's right, right.

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by determindator:

In 2006 MP's were banned from using Commons allowances to pay rent to family members or partners however, Mr laws continued claiming rent until June 2007. If Mr laws had just stopped doing this when the rules were made he could have avoided all this furore.

 

Cannot understand, why he did not?

He didn't need the money and in any event, he was entitled to same.

 

How sad, if his only reason was to protect his family; the narrow minded shame of being classed as a, gay?

 

It is not as though, he is the only gay in Westminster!

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by determindator:

In 2006 MP's were banned from using Commons allowances to pay rent to family members or partners however, Mr laws continued claiming rent until June 2007. If Mr laws had just stopped doing this when the rules were made he could have avoided all this furore.

 

Cannot understand, why he did not?

He didn't need the money and in any event, he was entitled to same.

 

How sad, if his only reason was to protect his family; the narrow minded shame of being classed as a, gay?

 

It is not as though, he is the only gay in Westminster!

Anyone else thinking of Daffyd from Little Britain?

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If he'd come completely clean to the House it might just have saved him - I wish I'd tried it: By Jonathan Aitken

Last updated at 1:13 AM on 30th May 2010

 

 

Jonathan Aitken gives a telling insight into the trauma of resignation

 

I am shocked but not surprised that David Laws has resigned. He must be having a difficult and lonely weekend. I know, for I have been where he was – a Chief Secretary to the Treasury engulfed in a scandal.

wThe initial Westminster reaction to the Laws exposé appears to be more sorrowful than judgmental. There was little or no appetite, even on the Opposition benches, for taking the scalp of a capable new Minister who had made an impressive debut.

Yet David Cameron was right to be cautious in his response to the revelations. For there were complex issues raised by this personal drama which revolve around three interlocking questions of credibility, competence and confidence.

The credibility issue is personal. Will the public think that this is yet another ‘nose in the trough’ instalment of the long-running Westminster expenses scandal?

 

Or should we feel special sympathy for David Laws’s explanation that he covered up the facts because he was scared of being ‘outed’ in his private life.

 

The latter view is quite a stretch. For there is virtually no serious criticism these days of politicians who have same-sex relationships in their personal lives.

This particular relationship was well-known on the Westminster circuit. So why the great need for concealment?

Perhaps what was really being concealed by Laws was his hubristic error of judgment that this was a grey area of unethical claiming which would never see the light of day.

I understand such hubris, having been guilty of it myself in the saga of the Ritz hotel bill.

 

But in a world where scrutiny and expected standards of parliamentarians is far tougher than it was when I sinned at the Ritz 15 years ago, surely Laws was being over optimistic (to put it politely) if he thought his cosy rental arrangements would never come to light.

The second area of concern relates to Laws’s future competence to do the job of Chief Secretary. The worries here may have been the main reason why he had to resign, for the job of Chief Secretary is one of the most pivotal roles in government.

 

You need industry and concentration to master the details in myriad opaque Whitehall budgets.

Then you require an iron political will to be the abominable no-man and axeman of public expenditure. The hardest quality to develop is the aura of authority which enables you and the Treasury to win the crucial battles against spending Ministers.

 

These battles take place before an all-powerful secret Cabinet committee officially known by the initials EDX (nicknamed the ‘star chamber’).

I used to prepare for up to 15 hours a day before the meetings of EDX. For the Chief Secretary is in effect the chief prosecuting counsel in this Whitehall court room of public expenditure judgment.

To win your case to set spending budgets at the correct levels, you need to brief yourself exhaustively and argue persuasively.

Such undistracted preparations are essential if you are to convince the EDX jury of senior Cabinet colleagues and then defend the verdicts before Parliament and public opinion.

David Laws looked highly competent to fulfil these roles. But, through a self-inflicted wound, his authority was damaged.

In the public expenditure jungle, once a Chief Secretary is limping he’s done for. If his authority haemorrhages away, the spending Ministers and their officials will scent blood and exploit weakness.

If Laws himself had been personally distracted by the pressures on him, the weaknesses would have increased. This year of all years, the Treasury team needs to be strong enough to repel all boarders if our broken public finances are to be repaired.

So a sudden ebbing of confidence in Laws as the guardian of public expenditure would have had the potential to do great harm to the Government in these critical three weeks before the June 22 Budget – unless the damage could have been repaired swiftly. Unfortunately, that seemed unlikely.

Now this task is in the hands of a man who five years ago was Press officer for the Cairngorms National Park. It will be an awesome prospect for Danny Alexander. I wish him well – and hope he’s up to it.

 

 

Read more: If he'd come completely clean to the House it might just have saved him - I wish I'd tried it | Mail Online

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