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    • Please see my witness statement below.  Please let me know what modifications I need to apply.  I haven't included anything related to "administrative charge while paying by credit or debit card" as I wasn't sure if I should include since sign says "it may apply"   Background  1.1 Defendant received the Parking Charge Notice (PCN) on the 06th of November 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.    Contract  2.1 No Locus Standi, I do not believe a contract exists with the landowner that gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” From PoFA (Protection of Freedoms Act) 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.  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  3.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.  3.2        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.  3.3 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.  3.4        I also do not believe the claimant possesses these documents.    Unfair PCN  4.1         As stipulated in Exhibit 1 (Pages 7-13) sent by DCB Legal following the defendant’s CPR request the signage displayed in their evidence clearly shows £60.00 parking charge notice and will be reduced to £30 if paid within 14 days of issue. The defendant puts it to the claimant a request for strict proof when the signage changed to show £100.00 parking charge as the evidence provided by DCB Legal stipulated £60.00 parking charge was indeed the parking charge at the time defendant parked and included in Exhibit 1   4.3        The Claimant did not respect PAPLOC   4.4        It is also unfair to delay litigation for so long and claim nearly four years' interest.    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 instead only mentioned time 20:25 which is not sufficient to qualify as a parking period.   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;      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.  6.2        The wording “Electric Bay Abuse” is not listed on their signs nor there is any mention on the contract of any electric charging points at all let alone who can park there or use them.    Double Recovery  7.1        As well as the original £100 parking charge and £50 allowed court/legal costs, the Claimant seeks recovery of an additional £70.  7.2        PoFA Schedule 4, paragraph 4(5) states that “the maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper”. Which in this case is £100.  7.3        The Parking (Code of Practice) Act 2019 is also quite clear that the maximum amount recoverable is £100.  Government ministers and government web pages explaining the Act refer to extra charges as "a rip off".  7.4        Unless the Claimant can clearly demonstrate how these alleged additional costs have been incurred this would appear to be an attempt at double recovery.  7.5        Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery i.e. Parking Eye Ltd vs Beavis (2015) UKSC 67 which is the authority for recovery of the parking charge itself and no more, since the sum £85 was held to already incorporate the costs of an automated private parking business model and the Supreme Court Judges held that a parking firm not in possession cannot plead any part of their case in damages. It is indisputable that an alleged “parking charge” penalty is a sum which the Supreme Court found is already inflated to more than comfortably cover all costs. The case provides a finding of fact by way of precedent, that the £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of all the letters. 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 practise 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 numbers F0DP806M and F0DP201T, Britannia vs Crosby the courts went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain Hamilton-Douglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of Wight & Wiltshire. District Judge Taylor echoed earlier General Judgement 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 recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgement in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for a addi8onal 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        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.  7.8        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).  7.9        The Defendant is of the view that the Claimant knew, or should have known, that to claim in excess of £100 for a parking charge on private lands is disallowed under the CPRs, the Beavis case, the PoFA AND THE CRA 2015, and that relief from sanctions should be refused.    In Conclusion  8.1        I believe the Claimant has got use to intimidation tactics and has got greedy. I believe the truth of the manor is the Claimant has used bullying tactics successfully for too long and is therefore assured that innocent drivers will fall into the trap of paying rather than going through the hours it takes to defend themselves. In the process, wasting the time of the Court, the time of the Defendant and everyone else who has advised the Defendant, out of sheer decency to help have a fair hearing and see justice delivered.  8.2        I am still in disbelief that I am being heard in this court, defending myself nearly 4 years after receiving a charge through my door. I have had to spend weeks’ worth of my life studying the letter of the law in order to defend myself from this ridiculous attempt at a swindle.  8.3        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. 
    • 'I thought why don’t we give it a try?' said student Swapnil Shrivastav, after inspiration struck during water rations.View the full article
    • honestly he/she just makes these ppc look so stupid everytime   fairplay lfi
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    • First, the Entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract. so it only  is an offer to treat.  Second, the sign does say % hours free without mentioning that it is also the maximum time one can stay. it would be logical to presume that there would be a fee for staying longer-but not £100. Looking at the PCN-as usual it does not comply with the protection of freedoms Act 2012 Schedule 4. First it does not specify the parking period since their figure includes driving from the entrance to the parking space, then later driving from the driving space to the exit. Second it does not inform the keeper that the driver is expected to pay the charge Section 9 [2]] (b)inform the keeper that the driver is required to pay parking charges in respect of the specified period of parking and that the parking charges have not been paid in full; What that means is that you as keeper are no longer liable to pay the charge-only the driver is. As anyone with a valid insurance can drive your car they will have difficulty proving who was driving especially as you haven't appealed. In addition the Courts should your case get that far, do not accept that the driver and the keeper ae the same person. So just relax and ignore all their threats even from their unregulated debt collectors and sixth rate solicitors.  Just do not ignore a Letter of Claim if you get one of those-come back to us so that you can send a snotty letter.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Excuse my ignorance, but this is a genuine question as I did my schooling overseas. Why are children in Britain supplied with breakfast and dinner at school? When I was at school in the sixties school started at 8am until 2.30pm.

Our parents made sure that we had breakfast as we have to get up at 6am to be ready to go to school by about 7.30am as we had to walk to school which was about 2 mile away. Every morning my parents would make us sandwiches to take with us and we also had some fruit like apples, grapes etc.

Our parents never received any child benefits or any benefits of any kind as they were not available. We certainly were not well off and it was a struggle from day to day, but we managed and I had a good upbringing. Here people get various child benefits, but why are all kids also given meals which must cost the state a fortune?

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Dunno about breakfast but dinners aren't provided free for ALL pupils only those whose parents are on certain benefits.

For some kids, school meals might be the only meal of the day.

I had free dinners when I was at school, so I'm in support of that provision - I have no issue with funding this!

scotgal 

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Dunno about breakfast but dinners aren't provided free for ALL pupils only those whose parents are on certain benefits.

For some kids, school meals might be the only meal of the day.

I had free dinners when I was at school, so I'm in support of that provision - I have no issue with funding this!

 

I am not knocking it, just wondering why. Why would the school meal be their only meal on that day. What happens on weekends? I am trying to understand why this is happening in a first world country when it was not available in a third world country where I lived where it was needed a lot more. Many kids went to school barefoot, but this did not bother them and we who had shoes never looked down on them as we all got on together.

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Unstable homes? Dysfunctional family, addicted parents. Perhaps they go hungry at the weekend? Maybe only have toast or a cake or a packet of crisps at home. Who knows, it might be a 1st world country but extreme poverty exists, despite what the government spin doctors say. Child poverty in particular, is a bloody crying shame in this day.

children in the UK are living in absolute poverty. Giving them a meal is only the tip of the iceberg.

scotgal 

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Unstable homes? Dysfunctional family, addicted parents. Perhaps they go hungry at the weekend? Maybe only have toast or a cake or a packet of crisps at home. Who knows, it might be a 1st world country but extreme poverty exists, despite what the government spin doctors say. Child poverty in particular, is a bloody crying shame in this day.

children in the UK are living in absolute poverty. Giving them a meal is only the tip of the iceberg.

 

If I didn't know better, I would have thought you were referring to a third world country as poverty should not exist in Britain. If we have all this poverty here, why are we sending money to overseas country. Actually why do we have Comic Relief and Red Nose days?

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If I didn't know better, I would have thought you were referring to a third world country as poverty should not exist in Britain. If we have all this poverty here, why are we sending money to overseas country. Actually why do we have Comic Relief and Red Nose days?

 

simple answer our government likes to look after others and not ourselves, even in recession they pay out for other countries with no worry about us lot.

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Totally agree with you, leigh. It is absolutely ridiculous to be sending aid to countries which are funding their own nuclear programmes, or space programmes, or where the dictators running the countries have luxury yachts, planes and much more. Over here pensioners have to freeze because the cost of gas and electricity is so high. We are now totally in a situation where the lunatics are running the asylum.

 

As far as school meals are concerned, despite receiving benefits a lot of parents are completely feckless and it is the children who suffer. You only have to look around you in one of the cheaper supermarkets to see hard-faced parents with the trollies full of chips and the nastiest cheap frozen or tinned food - 20 beefburgers for £1, or 'hot dogs' made with mechanically recovered meat, in other words sludge.

 

They will also have 24-packs of beer and then they'll be queueing for 200 cigarettes and rizla papers. It's not that they cannot afford food - they'd just rather buy booze and cigarettes.

 

That is why it is important that these children do get at least one meal a day. They may get nothing at home.

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Some parents don't even go to shops, there are parents who lack parenting skills, others addicted some just don't have the ability to nurture, however there are families who just can't make ends meet, no fags, beer or chips n hotdogs x

scotgal 

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Some parents don't even go to shops, there are parents who lack parenting skills, others addicted some just don't have the ability to nurture, however there are families who just can't make ends meet, no fags, beer or chips n hotdogs x

Probably get shot for saying this, but maybe those sort of people need sterilising? Even the parents of the poorest kids at school made sure their children had food first and I mean proper food not churned out garbage. No such thing as supermarkets and ready made foods in those days.

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I received free school meals when I was at primary school. Parents were on a very low income then.

 

Some children may have breakfast at school because of the hours their parents work. I used to do a work placement at a nursery and it wasn't unusual for a child to be dropped off at 8am and then the parents go to work.

 

Not all kids are given these meals for free.

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