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    • as you mention the bpa sounds like its a scummy private car park lot blue badges mean nothing on private land anyway.............. so a failure to display something that is meaningless on private land anyway is a money grabbing scam moved to the private parking forum dx dx
    • who is it from  a council or a private parking company?
    • As per the heading, received a parking charge for failure to display a blue badge in a disabled bay on a retail park.  I am a blue badge holder, disabled/wheelchair user with a Motability vehicle. I received the charge as 'notice to keeper' I was not the driver. I don't have a valid driving license so use a carer. The notice arrived a week after the alleged incident. It states that as the 'driver' failed to pay the charge in full  hence, it is now the keepers responsibility ( the notice was dated 2 days after the alleged infringement and as no notice to driver was on the vehicle, I don't know how they expect the driver to be able to either pay or dispute the charge if they are not aware of it) Anyway, really looking for help how to reply. I cannot remember if the badge was correctly displayed or not. Photos taken of car miss a bit where I store my badge if not displayed so it would be possible to see a badge even if not 'correctly displayed" . It was a bit of a sh**ty day weather wise, gusty and raining  (as seen on the photos which reminded me of the actual day) so it is possible that badge blew to the floor as the driver was helping me out of the car into wheelchair. There is no windscreen photo showing that a PCN to "Driver" was stuck on the window either. The car park is free. There are no Parking Signs at all near the disabled bays that one could read to adhere to any terms and conditions. The whole row of disabled bays - of which are there many only state badge holders ( does not stipulate Blue Badge Holders) The notice states that the parking company is a member of the BPA and Operating in accordance with the British Parking Association's Code of Practice. The BPA, section 19.1 State that at least one parking sign should be near the disabled bays, in a position that can be easily  read by by a disabled person without leaving their car in order to decide to be bound by such terms. We returned to look for signage on the retail park and could not find one sign that was near the bays. The only sign we could find was high up on a pole but not near the bays. Someone had to get out of the car and stand on tip toes to be able to take a photo of a sign. I would be grateful if someone could help or point me in the right direction. It is now  15 days since the alleged incident and 7 days since I received the notice.
    • also just to clarify is it required that I physically post to both the county court and Evri? I read in another thread you can just email Evri a copy since they will just rescan whatever you post anyway (if they even read it)
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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Silly Question?


pjdudley69
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This may sound silly, but I've been reading quite alot of the posts, faq's, etc, and noticed that these bank charges are unlawful, rather than illegal. Could someone possibly explain the difference, as I always thought they were the same thing? As I said, it probably sounds silly to most, but I'd really appreciate it.

 

Thanks

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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As a layperson a judge would not expect most people to know the difference as they both effectively mean "against the law, or not allowed by law"

 

However, a judge will decide whether the charges are lawful or not, and as the banks don't want to go there (court) then it becomes an academic issue.

 

If you follow the wording in the library templates, you will get your money...

 

Good luck.

Alecto, Magaera et Tisiphone: Nemesis on Earth is come.

 

All advice and opinions given by Spiceskull are personal, and are not endorsed by Consumer Action Group or Bank Action Group. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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Unlawful:

1 : not lawful : not authorized or justified by law

2 : acting contrary to or in defiance of the law

 

Illegal:

Prohibited by law.

 

In real terms, these are pretty much synonyms, but in perception, the difference is an assumed willfulness.

 

It could be argued that the banks allegedly are not aware that they're going against the law by imposing penalty charges (not an acceptable defence in court, by the way!), and that they are therefore guilty of ignorance rather than intent. It doesn't deter from their guilt, it just might make it a bit morally more acceptable to some.

 

Hope this helps

Status:

 

Halifax - DPA sent 03/03/06.

Prelim Letter - Sent 27/03/06 ignored.

LBA sent 10/04/06 - Ignored

Moneyclaim filed - 26.04.06

Acknowledgement received 3rd May. Halifax state they intend to defend.

Halifax Settled in Full - 17 May 2006

 

If you've found this post helpful, I would be grateful if you could click on the 'Scales of Justice' button in the top right corner of this post.

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search on "unlawful" and "illegal"

 

this queston has come up many times. The only reason that it is a silly question is that it has been answered already so often

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  • 5 years later...
search on "unlawful" and "illegal"

 

this queston has come up many times. The only reason that it is a silly question is that it has been answered already so often

Well, aren't you just one happy banker?

 

The difference is all down to statutes and acts and the legality thereof.

The legal definition of a statute is "the legislative rule of a society" (society being defined as a group, or groups, of people giving consent to be governed).

Policing by consent is a powerful thing. Don't let acquiescence of tacit consent rule your life :)

 

Two questions I love to wind police up with:

1 - Am I under arrest?

2 - Am I free to go?

 

If no is answered to both of the above questions, you're a slave according to any laws you subscribe to (UCC, statutes, common law et al).

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John-Jcs,

 

It is good to see you on the thread 'Re Silly Question?' as you have posted many.

 

In other threads you have admitted that your 5 years 'studying law' amounts to simply reading legal books. To study law requires a structured course at University, College or by Correspondence, set by those who know more than you. The point is that reading on your own fails to put the content into context and consequently miss rebuttals of argument. It can be likened to shotgun vs rifle.

 

Two questions I love to wind police up with:1 - Am I under arrest? 2 - Am I free to go? It would not wind up the Police as they would know their powers and would not be taken in by such a puerile attempt.

Had you read adequately, you would know that legislation permits an officer to detain someone for various reasons and purposes (PACE - drug search is one) whereas arrest also permits the officer to remove a person to another location. It also permits physical restraint which is not available when being detained for any of the purposes noted.

 

Policing by consent is a powerful thing. Don't let acquiescence of tacit consent rule your life Perhaps you meant acquiescence to tacit consent.

 

I too know the difference between the words illegal and unlawful, which again out of context, is a matter of semantics, but then I have had some formal training.

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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  • 7 years later...

This topic was closed on 03/07/19.

If you have a problem which is similar to the issues raised in this topic, then please start a new thread and you will get help and support there.

If you would like to post up some information which is relevant to this particular topic then please flag the issue up to the site team and the thread will be reopened.

- Consumer Action Group

Advice & opinions given by pjdudley69 are personal, are not endorsed by Consumer Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional. Also visit legal seagulls for more friendly help and advice.

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Thanks

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