Devere Parking and lapsed blue badge

[Scouse Magic]

Thanks to Skiboy for that useful information...Just goes to show that most ppcs have a dodgy background and drive nice cars after falsely obtaining money off people with idle threats.....Reminds me of Gary Osner - Roxburghes front man & BPA Elect who turned up at my case and told the judge he was Michael Sobell's driver.....shame I didn't know him at the time, could have asked for contempt......needless to say they all made fools of themselves and lost !! Id love a front row seat to see Devere standing before a court bringing a case involving a Blue Bage on private land :whoo:

[ericsbrother]

link doesnt work, youve been rumbled by the man.

No tax disc on a vehicle in a proper public car park wont get you a valid PCN, long standing case precedent from Cheam Library car park and Sutton council. Their argumant was that the car may be lawfully parked without a tax disc because it wasnt a public highway but it must have got there somehow. Judge said how it got there is of no business to Sutton Council- case dismissed.

[Skiboy]

Exactly,

 

any offences regarding Blue Badges and the Road Traffic Act can only be prosecuted by statutory bodies ie the Police or Local Authority.

 

Moreover, if a private company or individual should try to make punitive charges (no matter how they might dress them up or call them something else)

they themselves are likely guilty of offences under the Administration of Justice Act and Theft Act relating to blackmail so put in a complaint to the police if they hassle you.

 

And even if you accept there is a legally binding contract then it will be unfair as per the Unfair terms regulations 1999.

 

I personally don't agree with the ignoring them policy, just get your facts straight,

do the research (there's plenty of people who will help - pepipoo are a great community)

and take these rogue traders head on.

 

Oh and when you win don't forget to counterclaim and like me have a good time at their expense when it's all over!

When they are challenged properly they lose every time.

[Surfer01]

Time to go on the attack and find out if Devere are paying council business rate taxes for operating a business in the car park! You may gain nothing, but it may give Devere a headache. LOL!

[afcwben]

Hi dx,

Sorry, I may be a bit thick. I still don't see the basis of the defense you are giving.

 

I know that if I were to stipulate that anyone entering my flat for a party, say, was required to bring a teddy bear,

say, I would be entitled to refuse entry to my flat to anyone not showing a teddy bear.

I would be legally entitled to ask someone to leave who didn't show a teddy bear and take action if they refused.

You may read anything in place of the teddy bear, no matter how silly - my private flat, I'm allowed to make the rules. Agreed?

 

Trite example but hopefully it helps to illustrates the point.

 

Contract law is just a formalisation of this basis for sociable behaviour, albeit much messed about by lawyers over a long time.

 

AFAIK, the only legal exceptions to any terms I may require are when my terms require someone to break the law e.g. bring heroin, unlicensed firearms and so on.

 

Nobody has a right to use any private land owned by another party, even if that land is a car park.

The owner may grant someone access provided that the someone complies with the conditions laid down by the owner.

They may even require extra conditions for a special spot e.g. require black tie to be worn in the VIP lounge.

 

Given the above example your posts seem to imply that blue badges have less legal status than teddy bears or black ties? Or could a blue badge requirement be seen as an unfair term?

 

Or am I barking up the wrong tree altogether?

 

The question you need to ask is Does Devere own the land? as based on your teddy bear argument I could say anyone going into your flat without a teddy bear has to pay me £100 even though I do not rent or own your flat

[parkstoneboy]

link doesnt work, youve been rumbled by the man.

.

 

Copy saved, the author was LEE and the document was created on 22/05/2013.

 

Can we ask the OP if he wants to pursue things or are things being pursued via other channels ? Has anyone been in touch by PM/e-mail ? Has the OP paid ?

 

Devere do not own the land and there is more excellent info available ref Devere and this location that needs to be kept off forum. The trouble is the required no of posts before you can PM on here means it isn't going to happen.

[Scouse Magic]

Regardless of who owns the land this is from the CAB website

 

"The blue badge scheme does not apply on private roads, private car parks, in off street car parks and in some airports.

 

There may be some parking spaces for disabled people in these areas and they will

 

either

 

be subject to the conditions imposed by the parking operator

 

or

 

be designated by law, with signs and markings that make this clear.

 

If the parking space is designated by law and it is used by a non-blue badge holder, this is a parking offence.

It will be enforced in the same way as on-street parking, by the police or by the local authority"