Jump to content


  • Tweets

  • Posts

    • Plenty of success stories, also bear in mind not everyone updates the forum.  Overdale's want you to roll over and pay, without using your enshrined legal right to defend. make you wet yourself in fear that a solicitor will Take you to court, so you will pay up without question. Most people do just that,  but you are lucky that you have found this place and can help you put together a good defence. You should get reading on some other Capital One and Overdale's cases on the forum to get an idea of how it works.  
    • In both versions the three references to "your clients" near the end need to be changed to "you" or "your" as Alliance are not using solicitors, they have sent the LoC themselves. Personally I'd change "Dear ALLIANCE PARKING Litigation Dept" to "Dear Kev".  It would show you'd done your homework, looked up the company, and seen it's a pathetic one-man band rather than having any departments.  The PPCs love to pretend they have some official power and so you should be scared of them - showing you've sussed their sordid games and you're confident about fighting them undermines all this.  In fact that's the whole point of a snotty letter - to show you'd be big trouble for them if they did do court so better to drop you like a hot potato and go and pursue mugs who just give in instead. In the very, very, very, very unlikely case of Kev doing court, it'd be better that he didn't know in advance all the legal arguments you'd be using, so I'd heavily reduce the number of cards being played.
    • Thanx Londoneill get on to it this evening having a read around these forums I can’t seem to find many success stories using your methods. So how successful are these methods or am I just buying time for him  and a ccj will be inevitable in the end. Thanks another question is, will he have to appear at court..? I am not sure he has got it in him
    • Here's a suggested modified version for consideration by the team. (Not sure whether it still gives too much away?)   RE: PCN 4xxxxx Dear ALLIANCE PARKING Litigation Dept, Thank you for your dubious Letter Of Claim (dated 29th April 2024) of £100 for just 2 minutes of overstay. The family rolled around on the floor in amazement of the idea you actually think they’d accept this nonsense, let alone being confused over the extra unlawful £70 you added. Shall we raise the related VAT issue with HMRC, or perhaps the custodians of the unicorn grain silos? Apart from the serious GDPR breach you’ve made with the DVLA and your complete failure in identifying the driver, we’re dumbfounded that the PCN is still not compliant with the PoFA (2012 Schedule 4 Under Section 9.2.f) even after 12 years of pathetic trial and error. We also doubt a judge would be very impressed at your bone idleness and lack of due diligence regarding parking periods. Especially with no consideration of section 13 in your own trade association's code of practice and the topological nature of the Cornish landscape versus a traditional multi-storey. And don’t even get us started on the invisible signage during the ultra busy bank holiday carnage, that is otherwise known as the random parking chaos in the several unmarked, unmanaged over-spill fields, or indeed the tedious “frustration of contract” attempting to get a data connection to Justpark.  We suggest your clients drop this extreme foolishness or get an absolute hammering in court. We are more than ready to raise the above issues and more, with a fair minded judge, who will most likely laugh your clients out in less time than it takes to capture a couple of useless ANPR photos. If you insist on continuing this stupid, money grabbing quest, after having all of the above pointed out, we will of course show this letter to the Judge and request “an unreasonable costs order” under CPR 27.14.2.g and put it toward future taxis to Harlyn Bay instead.  We all look forward to your clients' deafening silence. Signed, "Spot". (Vehicle Keeper's pet Dalmation).
    • Paying DCA's one penny, never mind £50 per month is a mugs game, they have really been milking him as a cash cow   See where received a claim form is underlined in your post, you need to click, on that and read carefully, then answer the questions, then copy and paste into a post on this thread Forget the CAB ,  their advice is sometimes weird. Is it worth defending? Lowell brought these debts for 10 p in the pound , years ago, because they are flawed. Think about it! if it was such an easy win, Capital one could have taken it to court and crushed him.  It could be an invalid agreement, default notice, or many other things. In a nutshell , yes, and we can help you.
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 161 replies
    • 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
        • Like
  • Recommended Topics

taken to court by CPS parking. now bailiff has visited


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4688 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

  • Replies 50
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

deft was out of the country on the date the ticket was issued ( holiday in malta. copies of the booking submitted)

defts two sons are insured to drive the car and have permission to use the car ( both deny that they used the car that day) copy of insurance details submitted

deft received no court papers prior to the visit ( did receive a bailiffs letter giving 48 hrs notice but thought it was not real as he had not received any court papers)

 

If my thinking is right, you can ask for a set aside on the basis the money claimed is a penalty.

 

I'll post on another thread shortly, I think we need the official account in what happens with private tickets.

Professional property investor and conveyancer

Link to post
Share on other sites

If my thinking is right, you can ask for a set aside on the basis the money claimed is a penalty.

 

I'll post on another thread shortly, I think we need the official account in what happens with private tickets.

 

Welcome to the murky world of the PPC and their invoices Fork-it as you can see it is a minefield

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

I will watch the ''firewoks'' with great interest.:lol::lol:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I will watch the ''firewoks'' with great interest.:lol::lol:

 

Who is opening the book on the Fork-it V PPC who may or may not have anything to do with Perky?:lol:

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

This is brilliant news for all those who have campaigned BUT unfortunately, in the forthcoming bill, the Minister is introducing a clause whereby private parking tickets will becoming the responsibility of the VEHICLE OWNER as opposed to the current position whereby the vehicle DRIVER can be found to be liable.

 

Actually you're wrong, but it's not your fault as the whole Owner vs Registered Keeper thing is very muddy waters.

 

As I've said elsewhere, your V5 does not act as a proof of ownership - the Invoice or Bill of Sale is your proof of ownership - we have no concept of a "Title" that the merkins have.

 

If the new legislation comes in, the dodge is very simple: Form a non-trading Limited Company with a fully paid up share capital of say £1. This then becomes your registered keeper. File Non-Trading Accounts each year at a cost of about £25. [EDIT] . If they persist, point out that it is a valueless dormant limited company not performaing any trading activities, and if they want to sue it, to go right ahead. Your liability is basically the £1 of share capital. You could open a bank account for this company and pop that £1 in there to completely cover yourself, make sure it's a free banking account though!

Edited by dx100uk
behave - dx siteteam
Link to post
Share on other sites

Going into the realms of fantasy now:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

What would happen if the vehicle OWNER was a young child for instance?

Or better still, your pet?

my brother in law put his dog down as the registered keeper to his bike many years ago, it was accepted lol

Link to post
Share on other sites

my brother in law put his dog down as the registered keeper to his bike many years ago, it was accepted lol

 

And why not, a few people have put their pets on the register of electors before now...

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

I am at times staggered by the stupidity of individuals who try to avoid the requirements

of laws intended to protect others.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Brassneked at the risk of being censured by the site team I think you are an IDIOT:madgrin:

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Brassneked at the risk of being censured by the site team I think you are an IDIOT:madgrin:

 

I am completely loopy Brigadier, I myself wouldn't condone it, and my tongue was firmly in my cheek, after all it is Friday,. but I have dealt with a case like that in the days of Poll Tax when a pensioner who was slightly batty, was being chased by a council for poll tax for the dog she had put on the register

i don't know who was more loopy, the old lady or the council and their bailiffs. wanting to imprison the dog under the mistaken belief it was a liable person who hadn't paid.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

I am unfortunately aware from professional stance

that this type of things go on but they are offences that can

have quite serious consequences, and to condone or dismiss

such, may mislead others as to their responsibilities.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

I am unfortunately aware from professional stance

that this type of things go on but they are offences that can

have quite serious consequences, and to condone or dismiss

such, may mislead others as to their responsibilities.

 

Yes they can have consequences, but sometimes even the strait laced legals can have a sense of humour, especially entertaining were some of Lord Dennings story-like judgments, who can fail to see the scene in ones minds eye, he set in

Miller v Jackson [1977] QB 966 about the cricket played on the Village cricket field in Lintz County Durham. and the petition by the Millers to have it stopped on the grounds of nuisance

Sadly such things are now common where a stockbroker can move into a rural area near a farm and get a noise abatement notice condemning the sheep and cattle and cockerel to death.

 

Sometimes we need a jest or we go mad with all the muppetry and stupidity we see happening around us. But if I so offendeth thee sorry we are not all perfect Perhaps I should volunteer at the CAB. as I was once an advisor in one whilst studying Law at uni and am trying to help, and constantly learning in my own small way.

Edited by brassnecked

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Jest all you may wish, I have no authority to suggest you

go else where, I only have regard to the principle of giving

sincerer help to those who need it, yes I'll have some laughs

here but never to diminish the reason for the poster.

Any Letters I Draft are N0T approved by CAG and no personal liability is accepted.

Please Consider making a donation to keep this site running!

Nemo Mortalium Omnibus Horis Sapit: Animo et Fide:

Link to post
Share on other sites

Jest all you may wish, I have no authority to suggest you

go else where, I only have regard to the principle of giving

sincerer help to those who need it, yes I'll have some laughs

here but never to diminish the reason for the poster.

 

fair enough and respect to you you are of course correct that the problem for the OP is NOT FUNNY, and they deserve the best advice and solutions that are available, but sometimes things slip into silliness in a Pythonesque manner when the antics of councils and bailiffs defy commonsense, the law and reason

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

I am at times staggered by the stupidity of individuals who try to avoid the requirements

of laws intended to protect others.

To be fair, the Registered Keeper is just a person and address to refer to, putting your dog or cat down as the keeper isn't going to do anyone any harm. Stupid yes, but harmful? No.

Link to post
Share on other sites

To be fair, the Registered Keeper is just a person and address to refer to, putting your dog or cat down as the keeper isn't going to do anyone any harm. Stupid yes, but harmful? No.

 

To understand the attitude of some, who apply everything in the light of the the black letter of the law one has to read the book or see the Thomas tank Engine episode Thomas In Trouble, where the policeman states simplistically to Thomas and The Fat Controller "The Law Is The Law, and we cannot change it"

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

To understand the attitude of some, who apply everything in the light of the the black letter of the law one has to read the book or see the Thomas tank Engine episode Thomas In Trouble, where the policeman states simplistically to Thomas and The Fat Controller "The Law Is The Law, and we cannot change it"

The policeman's job is to uphold and enforce the law - it is the politicians and monarch's job to create and amend the law.

Link to post
Share on other sites

The policeman's job is to uphold and enforce the law - it is the politicians and monarch's job to create and amend the law.

 

Which is quite correct, the policeman is not there to interpret, or change law that is the job of politicians, who should look at which law is bad law and repeal or change it, starting with neutering bailiffs

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

Which is quite correct, the policeman is not there to interpret, or change law that is the job of politicians, who should look at which law is bad law and repeal or change it, starting with neutering bailiffs

Sadly I suspect they stand more chance of gaining *more* not less powers thanks to lobbying by the bailiff industry.

Link to post
Share on other sites

Sadly I suspect they stand more chance of gaining *more* not less powers thanks to lobbying by the bailiff industry.

 

That I am sorry to say is true, bailiffs belong in the 13th century along with the rack, thumbscrew, the pit and the pendulum, the Sherriff Of Nottingham and King John.

If the politicos grant wider powers it will be only temporary, as when vulnerable people and pensioners die of shock, or have their house emptied by bailiffs whilst they are at the day centre,

the politicos will say lessons need to be learned and hopefully backtrack

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...