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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).
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      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.

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O2 stung: 'Victim Not Present' Fraud


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http://www.cityoflondon.police.uk/CityPolice/Media/News/news071210.htm

 

A criminal gang who used stolen SIM cards to con mobile phone companies out of more than £2million has today been sentenced for a total of 26 years at Southwark Crown Court.

 

Ashok Kumar, from Twickenham, and Mohammed Akmal and Fahad Lone, from Birmingham, were yesterday found guilty of their part in a complex national and international telecom fraud.

 

The court heard how a joint City of London Police and O2 investigation found the men using fraudulently obtained bankcards and false utility bills to obtain pay monthly mobile phone contracts in stores across London.

 

The gang used the SIM cards to make unlimited calls from locations in Twickenham and Birmingham to their own premium rate international phone numbers, without ever paying the bill.

 

In some cases a ‘group call system’ was used to multiply the cost of the calls six-fold by making six calls at the same time from the same SIM card. These calls were usually logged after midnight to try and avoid detection.

 

From these lines multiple long duration calls were being made to numbers associated to Latvia, Estonia, Sierra Leone, Liechtenstein and Switzerland.

 

At the end of the month the phone companies were contractually bound to pay the bill, with part of the revenue being paid to companies owned or operated by the fraudsters who had made all the calls.

 

O2 has identified around 500 accounts that were using fraudulently obtained SIM cards, which have now been closed down by its investigations team.

Det Supt Bob Wishart, from the City of London Police Economic Crime Directorate, said:

 

"21st century policing presents new challenges as organised criminal gangs seek to exploit technological advances for illegal gain.

 

This complex and extensive international telecom fraud set up by KUMAR, LONE and

AKMAL provides further evidence of the challenges the counter fraud community is facing. But this successful prosecution shows what an effective force the telecom industry and police is when they work in collaboration to combat crime.

 

"I want to pay special tribute to the 02 investigators, who, along with my staff compiled an effective prosecution case on behalf of the Crown Prosecution Service. Their hard work has ensured these three fraudsters have been brought to justice and that mobile phone companies are more alert to the threat organised crime gangs pose to their business."

 

Ashok Kumar, 26, Mohammed Akmal, 46, and Fahad Lone, 38, were all found guilty of conspiracy to defraud and money laundering and were given concurrent prison sentences of five years each.

To easier make my point I'm going to simplify that above story by saying the above crooks used only two SIMS.

 

As in the above:

SIM A stolen from shop

 

but lets also imagine they used:

SIM B stolen from house (for example)

 

As in the above article they used both SIMS to rack up huge bills to International premium rate numbers. Presumably the exact same criminal laws were broken relating to both SIMS.

 

As in the above article O2 sent these huge bills that they obviously must have suspected were the result of some criminal activity to the billing addresses. One to the false address(SIM A) the crooks set up and one to the real address(SIM B).

 

In all cases like this the Networks always insist the 'owner' of SIM B is liable for these types of bills despite the bill obviously being the result of fraud.

 

Now if the SIMS A and B were credit cards the same "Cardholder Not Present" would be used to decide whether criminal fraud has been committed. The Network Operator appear to be using a "Victim Not Present" policy.

 

Yes I know there is a legal contract on SIM B but whether that would be enforceable in court to force the victim to pay this type of bill is another question.

I just wanted to post this to highlight the double standards the Networks are using concerning fraud affecting them and fraud affecting their customers.

Edited by goodwill
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Of course, if users PIN protect their SIM cards, they'll have nothing to worry about.

 

It's the same as leaving you front door unlocked. It's careless and just asking for trouble when criminals become involved.

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Of course, if users PIN protect their SIM cards, they'll have nothing to worry about.

 

It's the same as leaving you front door unlocked. It's careless and just asking for trouble when criminals become involved.

now is that really relevant to the actual specific point of the post

 

'I just wanted to post this to highlight the double standards the Networks are using concerning fraud affecting them and fraud affecting their customers'

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I think it's good to post advice to protect yourself in advance not just arguments to fight the fallout if the worst does happen.

 

You are right that there are double standards. If someone is overcharged in this same situation, they should youse your post as a strong argument.

 

If you add a sim C (such as mine, which is a pin protected sim) I would only suffer loss of service until a replacement sim arrived, and no racked up phone bill.

If in doubt, contact a qualified insured legal professional (or my wife... she knows EVERYTHING)

 

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'I just wanted to post this to highlight the double standards the Networks are using concerning fraud affecting them and fraud affecting their customers'

 

@Goodwill,

 

Like you, I have been following this case and agree how it shows up the double standards that not only O2 are employing but the City Of London Police.

 

I feel that your points seem to have fallen on deaf ears here as to really understand the points you are making you have to have been a victim of a S. C. A. M. and have first hand knowledge with the way you are treated by ALL the networks. Also how the City Of London Police look on cases of mobile phone fraud when reported to them by a member of the public, slightly different to the way they have acted in this case. Not the grey area of Law anymore as they had told me, why is that?

 

Yes we are talking about quite a bit of cash that O2 have been S.C.R.E.W.E.D. (Or Fraud/Theft) but it is chicken feed to O2 compared to Joe Public who puts £20 on their PAYG phone only to have it STOLEN by premium rate cowboys. Who feels the loss the most?

 

I must to admit to feeling a little pleased when I read how O2 had been screwed, it couldn't have happened to a nicer 'customer caring' company :smile::smile::smile: (Joke). Perhaps they will realise how their customers feel when they have money stolen from their accounts. In our case the Networks have an end user to charge for the S.C.A.M., us the victim. In their case no end user, no money (very sad). Hence the Court Case.

 

:whoo::whoo::whoo:

Edited by Brian1951
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