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    • So Guys, After sending the last letter as everyone else  here I got a reply from Moriartylaw with a statement that ADCB instructed them to act on their behalf and a copy of all my credit card bank statements. Not sure what to do now. They want me to respond and supply them with a list of asset and liabilities.    please the attachment of the letter. moriartylaw.jpeg.pdf
    • Okay, let me start again. In terms of planning, is it not enough to say they don't have it since it's not shown on the council site? If not, if I ring Stockport planning would they put in writing that there's no planning?   I could contact the land registry to find out who the land owner is. If I contact them directly maybe they'll tell me if they have a contract in place. If they ignore my request too then should I be doing other things to find this out?
    • I'm trying to work through this step-by-step as I read the story again. There was a dispute over a will in respect of your grandfather's house but the dispute was eventually abandoned and it seems that the house was apportioned to your mother and her brother who presumably were the only two children. The will was unsigned and so we could say that the house passed to the two of them under the rules of intestacy. You then decided to buy the house for £50,000 and presumably the money you paid was divided between your mother and your uncle – you are the owners of the house. This was in 1999. We talking about 30 years ago here and so in respect of most legal questions I would have thought that some limitation period applied. (However the issue of the trust has been raised – and this wouldn't be affected by limitation) However, presumably the house was bought at a proper value given the market at the time and any work that it needed doing. Presumably the house was properly conveyed. Although a lot of things have passed – including home improvements, tenancies et cetera, from the store you have told us, neither your parents nor your uncle have been involved in this at all. Now you have received a letter from your parents saying that the house is really theirs and that you have simply been holding it on trust for them and they now want it back. Is this a reasonable summary of what has happened?   Although you have written a fair bit about bills, tenancies, and that you have lived in your parents home for some of this 30 years, I'm not sure what relevance that has to the problem. I have to say that your explanation is very unclear. A bit rambling in fact. If you think that part of the story is relevant then maybe you'd like to express it all a little more clearly and say in what way you think it is relevant to the problem. You are much more familiar with the story then I am but I don't see that those factors are terribly important on the brief understanding that I have. if if any money is owed to your parents because of you having lived with them et cetera then it seems to me that that is a separate matter and has nothing to do with your ownership of the property. You say that you have received a letter from solicitors claiming first of all that there is a constructive trust or that you might be subject to a proprietary estoppel. In terms of the estoppel, that doctrine is only available in very particular circumstances and could not be used to attack you in any event. Estoppel, whether it is proprietary or promissory can only be used as a defence. So the question of estoppel in this situation is completely irrelevant, in my view, although I don't see any basis for one in any event. So what remains is the possibility of a constructive trust. It seems to me to be highly unlikely that there is such a trust and I think that the first question needs to be asked is on what basis they consider that there is a constructive trust. Secondly, of course, even if there was a constructive trust, on the basis of what you have told us, it wouldn't only be your mother who was the beneficiary, it would also be your uncle. Furthermore, if you were a constructive trustee then at the very least you would be entitled to recover all of the expenses that you had laid out over 30 years – including the cost of the property plus interest – less any financial benefit that you had accrued from renting it out and so forth. I'm not sure how good this analysis is. This is well out of my experience – but I would suggest that you consider it and see whether any of it rings true. I would also start making a very detailed account of all the money which you have spent over the years on the property and also a detailed account of all the benefits you have accrued from it. I would supply this to their solicitor that if you end up having to instruct your own lawyer then I'm sure that you may be asked for this if there is any suspicion that a constructive trust may exist. Frankly it sounds like a load of rubbish to me that we will be very interested if you will keep us up to date. So there you have it. No particular answers. Just a few unsupported and unqualified opinions    
    • Hello and welcome to CAG.   I agree with dx, hiring a lawyer is unlikely to help as most of them don't understand fare matters, so you end up paying for their learning curve.   Your idea about involving your GP is a good one, it sounds as if you need their input with how you're feeling. And if they would write a supporting letter that could help too. Hopefully your medical information will be through in time.   HB
    • In the very first claim thread it mentions contacting the claimant is encouraged by the court etc. I was thinking about contacting them and asking about a Tomlin order to put an end to all this, at least I'd be able to stop worrying and maybe get some sleep (currently 4.52am) 😴
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TommyP

Car locked in a private Pay & Display Car Park

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Hi

 

Earlier this evening at 5:55 pm I returned to a private Pay & Display car park to retrieve my vehicle

 

only to find the whole car park secured, locked up with no one in sight.

 

The usual closing time is 7pm however there was signs stating that on Sundays, the car park closes at 6pm,

 

as such every effort was made by my self to make it back on time.

 

Another notable sign warns of possible lock ins, word for word it reads:

 

This car park will be locked at 7:00 pm each night. Anybody with a car still left on these premises at this time will not be able to gain access until 8 am the following morning.

 

I was unable to find an office number or even a company name to try and contact them

 

I went into a shop facing and asked the lady if she knew the owners.

Unfortunately she didn't, but she did say she'd back me up that I was there at 5 to 6.

 

At that point I pretty much admitted defeat and began the long train journey home.

 

Tomorrow morning I have to get there early to retrieve my vehicle and try not be too late for work.

 

They're going to expect me to pay for the parking plus a £10 overnight charge,

I have no intention of paying either of them.

 

My questions are, where do I stand in this stance?

Particularly if they refuse to open the barrier,

 

am I legally obliged to pay anything and are they legally allowed to prevent me from exiting?

 

I'd also like to make a complaint, would it be worthwhile contacting the council or is there a particular organisation I could contact?

 

Feeling really distraught so any advice would be greatly appreciated.

 

Thanks!

 

Tommy

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the gates will be open anyhow surely

 

you should just be able to drive out.

 

can we confirm this IS PRIVATE

 

who's the company or is it not signed at all?

 

you seem to know it well

 

dx


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Sorry I said it was pay and display but they actually give you a ticket as you go in and you pay at the window and they open the barrier as you drive out.

 

There's signs for costs and the one I mentioned but there's no logo or name on any of them, even the ticket is unbranded. Also I know for certain it's not one of the council's.

 

Cheers

Tommy

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they cant hold you to ransome no .

 

ofcourse you normally obv pay anyhow

else you canrt escape

 

so your only iss is the £10.

 

dx


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It's not automated like the Q Park etc, it's just a manned booth next to the exit who you pay and he lets you out, except tomorrow he's not getting a penny but things will intensify if he refuses to open the barrier and I just want to know where I stand legally.

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IMHO

 

the fact of the matter still exists that you 'owe'

for your parking yesterday.

 

refusing to pay that, because someone went home early

is not the way to go about complaining.

 

dx


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IMHO

 

the fact of the matter still exists that you 'owe'

for your parking yesterday.

 

refusing to pay that, because someone went home early

is not the way to go about complaining.

 

dx

 

You may be right but the way I see it, the contract I agreed to when parking there was breached when they didn't offer the service I agreed to.

 

I maybe way off the mark but as furious as I am they're not getting a penny, they've cost me enough through travel costs and missing an hours work tomorrow.

 

My only concern is if they have a right to refuse to let me out and then what my options would be then. I guess it's pretty late on here for a reply from a legal guru, I'll give 101 a call in the morning.

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101?

 

they wont help if you meanthe police non emergency thing.

 

the 'contract' is with the landowner NOT the parking company

though could the 2 be the same.

t

hey certainly dont have the rights to impound you or stop you from leaving.

 

i think you'll find you'll get a darn sight more back

if you latterly gather, as you have, you evidence

you costs because their [in]actions

 

you'll prob get a refund and an apology , that could be financial as well.

 

the guy on the gate is not your target and p'haps not the person to enforce anything either

 

just remember also

it might not be the same guy that went home early either.

 

i doubt there is any legal basis for them to charge you a 'storage fee'

 

as they didn't provide or had to provide any

additional service 'because' your car was there overnight.

 

type in the name of the car park in yahoo

 

you'l soon find out who this lot are

 

and if they own the land i bet.

 

dx


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Some brilliant advise there ^

 

As an ex car park attendant for a local council I couldn't agree more with the opinion above that the guy on the gate shouldn't be your target.

 

I doubt very much that calling the police will provide you with any other answers. They'll tell you to take it up with the car park operators.

 

It definitely needs bringing to the car park operators attention that there is no signage or no contact number in case of an emergency. I know that all the car parks in my area (that are gated and locked over night) have signs on each gate with a contact number on.

 

Do you know if yours was the only vehicle locked in overnight? Could you see other cars on the car park when attempting to return for your car?

 

I'd suggest. Approach the attendant tomorrow and explain what happened. Advise him/her that due to the opening hours not being adhered to this has caused you considerable distress and cost you financially and you'd like the correct details and contact details of whom to make an official complaint to.

 

Although you don't want to pay tomorrow (I totally understand how royally p'eed off you are) I would simply pay (ensure you get a receipt or advise the attendant that you need to keep hold of the ticket) and make your complaints after. If you fail to pay this could cause unnecessary problems... If not with or for the attendant, a queue of cars behind you at the barrier - I wouldn't be too impressed sat waiting behind a car because the driver refuses to pay.

 

Please, keep us informed. Some serious complaints DO need to be made. A mother and a small child (for example) could in future return to their car to find the car park locked in the future if a correct procedure for after hours parking (or in your unfortunate case an eager to go home car park attendant went home early) isn't displayed clearly.

 

Regards

 

BM


It never rains but it pours...

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Difficult to know what to do but I think personally I would queue at barrier, refuse to pay, forming a queue!

 

Good luck!

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Isn't it now an offence to prevent someone from leaving a private property such as a car park? I think it is something to do with holding them against their will etc. The attendant can be invited to make a note of the reg number ans this should be enough to allow the driver to go on their way. I don't think youa re obliged to supply any personal details.

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Just to update - I went straight to the booth to find a different attendant, I asked him what happened to the lad last night locking down early and leaving me stranded, he replied "I don't know I wasn't here, have you got a ticket?" I gave him the ticket and began explaining the amount of hassle/grief it had caused but he wasn't interested and then without apology, as though it was a familiar situation simply said I can go without paying.

 

I had a lot of questions for him but never got round to asking any, I was just relieved to be getting my car back and getting out of there as soon as.

 

I did a lot of searching last night but was unable to find anything on the car park, I know from memory that it's been there for at least 4 years but it suspiciously doesn't seem to have any foot print at all. If anyone would like to have a look it's situated on Bolton Street, Liverpool - just yards from the national train station Lime Street.

 

I'm happy to have my car back but I'd still like to register a complaint to help prevent this from happening to someone perhaps more vulnerable than myself, as Bombaymix mentioned.

 

Thanks for all the replies.

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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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IMHO

 

the fact of the matter still exists that you 'owe'

for your parking yesterday.

 

refusing to pay that, because someone went home early

is not the way to go about complaining.

 

dx

 

It's not listed on there.

 

I looked at a few similar sites and local business directories but couldn't find anything for a car park on Bolton Street. In fact the only trace I could find was of the images on google maps/street view.

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urm

 

i wonder if its registered or it fly be night

 

dx


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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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Just came across this.

 

If you have a witness who will confirm that the car park was locked early and is willing to make a statement to that effect, you may have a claim for your consequential losses. Basically they are in breach of contract if you paid for parking until 6pm and they failed in their part by closing at 5.55pm.

 

If there is no business details on their tickets (they are legally obliged to have their details on any receipt or ticket they issue), you should contact trading standards via CAB.

 

You would need to write a formal letter of complaint to the car park operator/owner detailing your losses (travel and loss of earnings etc) due to their operative closing early. Invite them to refund your losses within 14 days from the date of your letter or you will consider making a claim in the small claims court which will potentially cost them additional costs.

 

Please keep us posted as this is an interesting one.


Please Note

 

The advice I offer will be based on the information given by the person needing it. All my advice is based on my experiences and knowledge gained in working in the motor and passenger transport industries in various capacities. Although my advice will always be sincere, it should be used as guidence only.

 

I would always urge to seek face to face professional advice for clarification prior to taking any action.

 

Please click my reputation 'star' button at the bottom of my profile window on the left if you found my advice useful.

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They closed early so they breached the parking contract established by buying the ticket so you have no liability. You may need a properly attested witness statement.

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