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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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Fare Evasion prosecution in absence ?


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thanks old-codja you are a font of knowledge and its very much appreciated. I am assuming that this happend just because of reading about so many other cases ... out of curiosity why do suggest there might be a chance that it never went any futher ? Is this just as common as people getting prosecuted that it may be dropped ? I dont think im that lucky really. It is a bit of a nightmare there isnt a simple way to deal with this other than chasing it up or waiting for it to catch up with me somewhere in the future .. may bite the bullet and ring the courts will update when i have more info as im sure there will be a few people in a similar situation..

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thanks old-codja you are a font of knowledge and its very much appreciated. I am assuming that this happend just because of reading about so many other cases ... out of curiosity why do suggest there might be a chance that it never went any futher ? Is this just as common as people getting prosecuted that it may be dropped ?..

 

 

When you consider the numbers of people who are spoken to by revenue staff and reported every week I can say with confidence that a substantial number never get any further than that initial 'interview'.

 

I have assessed and marked for action many, many thousands of reports over the years and every day will mark some as 'No Further Action' for a variety of reasons, many of which I am obviously not going to go into here.

 

If the report missed essential details or was considered 'inadequate' for any of a whole raft of reasons it may well have ended up in "File Thirteen"

Edited by Old-CodJA
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The site is the official site that tracks all court judgements. If its not on there, then the only thing you need to worry about is if they start a new claim, but then you can fully defend it. It's not 100% accurate but its very close to it.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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You know what this site is a god send, old-codja now I understand, I had presumed that every person stopped would be persued I had just taken it as a given. I am feeling alot calmer about it now and I cant thank you enough for taking time to reply to my questions which Im sure are getting annoying by now. File 13 sounds very secret agent haha.. might I be so bold to presume that you may have seen something in my first post that gives you the impression that there would be a chance that it would have gone to file 13?

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Hi renegadeimp,

I was just wondering about what you said about the trust online site, without sounding like a doubting thomas I was just wondering how you know the site is as good as it says it is have you had personal experience with this ?

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Yep. WHen i was in debt a few years ago, i had a ton of CCJ's to my name, some in default, others awarded to the claimant. That site was a very good way to ensure i had full records of the judgements, as my credit files didnt show them all.

 

It should show pretty much any judgement against you on a specific address.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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thats good to know then thanks for that feel a lot more confident in taking that result as maybe a sign i may have been one of the lucky ones, hopefuly so, as Ive never done anything so silly since and never would do and Im the first to preach to everyone about buying the tickets. Just being caught was enough to scare the living day lights out of me...

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If nothing is on there, and you have recieved no notice at all, then more than likely nothing has ever happened.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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Hello again.

 

We seem to be going round in circles with this. Have you considered contacting the rail company and asking them? That way you would have it from the horse's mouth, so to speak.

 

Maybe the guys will advise on what might happen if you did that, apart from alerting the TOC to where you are. Apologies if it's a daft idea, I just thought it worth asking the question as other answers don't seem to be cutting it.

 

My best, HB

Illegitimi non carborundum

 

 

 

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Hello again.

 

We seem to be going round in circles with this. Have you considered contacting the rail company and asking them? That way you would have it from the horse's mouth, so to speak.

 

Maybe the guys will advise on what might happen if you did that, apart from alerting the TOC to where you are. Apologies if it's a daft idea, I just thought it worth asking the question as other answers don't seem to be cutting it.

 

My best, HB

 

 

Could be worth a try HB, but as I told the OP in an earlier post, in the intervening 5 years the TOC operating that route has had a change of provider for their prosecution service and knowing the encumbent, I doubt that would get very far as their records will only cover the period since they took over.

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Sorry to ask another question but im about to ring the courts suggested and it just occured to me that it may be possible that an arrest warrant may have been issued from the research I have done is this likely ?

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just a little update Im going to see if I can find the outcome in the paper as they normaly have the court hearings for cases and their outcomes in them im sure, however finding the right paper may take a while....

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just a little update Im going to see if I can find the outcome in the paper as they normaly have the court hearings for cases and their outcomes in them im sure, however finding the right paper may take a while....

 

By the way, how did you find out about the papers? And because I'm nosey, have you googled your name to see what turns up about court cases etc?

 

HB

Illegitimi non carborundum

 

 

 

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By the way, how did you find out about the papers? And because I'm nosey, have you googled your name to see what turns up about court cases etc?

 

HB

 

haha I used to be a regular news paper reader and there is normaly a section were they name and shame. I.e blabla was doing this and got a fine of blabla etc long lists of people usualy.

 

I have googled my self but nothing comes up as yet. ringing the courts is my least favorite option as I dont really want to have to do a SD which would mean coming back and a whole lot of red tape, Id rather take it on the chin and pay whatever the costs are so long as they arent too crazy... although im not sure if you have to do one or if its your choice..

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haha I used to be a regular news paper reader and there is normaly a section were they name and shame. I.e blabla was doing this and got a fine of blabla etc long lists of people usualy.

 

I have googled my self but nothing comes up as yet. ringing the courts is my least favorite option as I dont really want to have to do a SD which would mean coming back and a whole lot of red tape, Id rather take it on the chin and pay whatever the costs are so long as they arent too crazy... although im not sure if you have to do one or if its your choice..

 

I'm not sure you would have to come back for the case because you can plead by post. I suppose it's the SD bit is it, and swearing the declaration?

 

Can you remind us what you've tried so far please, because I'm getting confused.

 

HB

Illegitimi non carborundum

 

 

 

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I'm not sure you would have to come back for the case because you can plead by post. I suppose it's the SD bit is it, and swearing the declaration?

 

Can you remind us what you've tried so far please, because I'm getting confused.

 

HB

 

Yes it's just having to come back to do an SD and then waiting on the papers being served again which can take up to 6 months I believe, so it would just drag it out even more and its something I'd prefer to put to bed so to speak.

 

Up to now Ive;

tried searching the papers on the net and tried the trust online site to no avail. The only other option now is to to ring the courts, and then the local police for the area the offence took place. So fingers crossed there is nothing there, however if there is then do we know how the fine is then payable ?

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Yes it's just having to come back to do an SD and then waiting on the papers being served again which can take up to 6 months I believe, so it would just drag it out even more and its something I'd prefer to put to bed so to speak.

 

Up to now Ive;

tried searching the papers on the net and tried the trust online site to no avail. The only other option now is to to ring the courts, and then the local police for the area the offence took place. So fingers crossed there is nothing there, however if there is then do we know how the fine is then payable ?

 

IF there had been a prosecution for a fare evasion matter it is incredibly unlikely to have been a Police matter.

 

Chiltern Railways used to undertake private prosecution of offenders using an agency, but in the time since you refer to have undertaken these things 'in-house' within their new parent company grouping.

 

IF there was a case heard in absence, you do not have to make a statutory declaration. You would be allowed too pay the fine & costs incurred

 

IF I were you, I really wouldn't worry about improbables, but would pay up IF anything evercomes to light, which I very seriously doubt is likely to happen now.

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IF there had been a prosecution for a fare evasion matter it is incredibly unlikely to have been a Police matter.

 

Chiltern Railways used to undertake private prosecution of offenders using an agency, but in the time since you refer to have undertaken these things 'in-house' within their new parent company grouping.

 

IF there was a case heard in absence, you do not have to make a statutory declaration. You would be allowed too pay the fine & costs incurred

 

IF I were you, I really wouldn't worry about improbables, but would pay up IF anything evercomes to light, which I very seriously doubt is likely to happen now.

 

thanks old codja good to know that i wouldnt have to do a SD, to be honest the only reason Im persuing this is simply because of the chance of having a criminal record that i know nothing of.

Out of interest would the fact that they now ''undertake these things in house'' make any difference to me ?

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