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    • The case against the US-based ride-hailing giant is being brought on behalf of over 10,800 drivers.View the full article
    • I have just read the smaller print on their signs. It says that you can pay at the end of your parking session. given that you have ten minutes grace period the 35 seconds could easily have been taken up with walking back to your car, switching on the engine and then driving out. Even in my younger days when I used to regularly exceed speed limits, I doubt I could have done that in 35 seconds even when I  had a TR5.
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    • Thank you for posting up the results from the sar. The PCN is not compliant with the Protection of Freedoms Act 2012 Schedule 4. Under Section 9 [2][a] they are supposed to specify the parking time. the photographs show your car in motion both entering and leaving the car park thus not parking. If you have to do a Witness Statement later should they finally take you to Court you will have to continue to state that even though you stayed there for several hours in a small car park and the difference between the ANPR times and the actual parking period may only be a matter of a few minutes  nevertheless the CEL have failed to comply with the Act by failing to specify the parking period. However it looks as if your appeal revealed you were the driver the deficient PCN will not help you as the driver. I suspect that it may have been an appeal from the pub that meant that CEL offered you partly a way out  by allowing you to claim you had made an error in registering your vehicle reg. number . This enabled them to reduce the charge to £20 despite them acknowledging that you hadn't registered at all. We have not seen the signs in the car park yet so we do not what is said on them and all the signs say the same thing. It would be unusual for a pub to have  a Permit Holders Only sign which may discourage casual motorists from stopping there. But if that is the sign then as it prohibits any one who doesn't have a permit, then it cannot form a contract with motorists though it may depend on how the signs are worded.
    • Defence and Counterclaim Claim number XXX Claimant Civil Enforcement Limited Defendant XXXXXXXXXXXXX   How much of the claim do you dispute? I dispute the full amount claimed as shown on the claim form.   Do you dispute this claim because you have already paid it? No, for other reasons.   Defence 1. The Defendant is the recorded keeper of XXXXXXX  2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. Accordingly, it is denied that the Claimant has authority to bring this claim. 4. In any case it is denied that the Defendant broke the terms of a contract with the Claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original offer. 6. In a further abuse of the legal process the Claimant is claiming £50 legal representative's costs, even though they have no legal representative. 7. The Particulars of Claim is denied in its entirety. It is denied that the Claimant is entitled to the relief claimed or any relief at all. Signed I am the Defendant - I believe that the facts stated in this form are true XXXXXXXXXXX 01/05/2024   Defendant's date of birth XXXXXXXXXX   Address to which notices about this claim can be sent to you  
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    • 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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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I have come across the following article which I thought might be of use to folk.

 

http://www.dailymail.co.uk/news/article-2981794/10-minute-let-avoid-parking-ticket-month-new-law-let-overstay-meter-without-fine.html

 

 

 

No parking fine if you overstay by just 10 minutes: New law next month will give you extra time before wardens pounce

 

Drivers are to get ten minutes extra time after a parking ticket runs out before they can be hit with a fine.

 

Under a change in the law to take effect within weeks, they will have the right to a ‘grace period’ in all on-street or off-street council parking places.

 

For decades, drivers have complained of returning to their cars moments after a ticket expires to find a prowling warden has already hit them with a penalty.

 

 

 

Edited by citizenB
added a bit of content

Santander PPI X 2 **WON** claims on behalf of son (Oct 2010/ Mar 2011)

Citicard O/H (PPI) - **WON** Compound Interest Dec 2011

Citicard O/H (Charges) Bailiffs sent in August 2012

Barclaycard - **WON** Compound Interest Oct 2011

Monument - account information being sought for OH

Citicard - self - N1 submitted August 2012

Barclaycard - self - **WON** damages for non disclosure/information now rec'd. Aug 2012

Barclaycard - relation - Failed SAR sent 29/09/11

Halifax SAR sent 18/08/2011 for relation

LTSB - SAR sent 09/08/2011 for friend

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There's also an election very soon!

 

Sam

All of these are on behalf of a friend.. Cabot - [There's no CCA!]

CapQuest - [There's no CCA!]

Barclays - Zinc, [There's no CCA!]

Robinson Way - Written off!

NatWest - Written off!

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There's also an election very soon!

 

Sam

 

Do I detect a cynic in there somewhere :lol:

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So a 60 minute ticket in effect becomes a 70 minute ticket. Doesn't solve the problem - it just moves it 10 minutes down the line.

 

What's the betting they slap the ticket at 70 minutes and one second. There will still be the 'over zealous' type who will hang around just to penalise the accidental overstayer.

I do hope this will slow down the 'cash cow' mentality of some councils.

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It will also put up the cost of parking for 'honest' drivers as the 10 mins free will have to be budgeted for. If its now 60p an hour for every hour the Council gets 60p, with the new system you only need to pay 50p for 50 mins and get 10 mins free giving you an hour for 50p. The Council would therefore need to make parking 70p an hour to get the same income, obviously you could gamble and pay less and hope you didn't miss the 10 min cut off.

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It will also put up the cost of parking for 'honest' drivers as the 10 mins free will have to be budgeted for. If its now 60p an hour for every hour the Council gets 60p, with the new system you only need to pay 50p for 50 mins and get 10 mins free giving you an hour for 50p. The Council would therefore need to make parking 70p an hour to get the same income, obviously you could gamble and pay less and hope you didn't miss the 10 min cut off.

 

That is a fair point.

 

There is the other issue where people overpay as they don't have enough change. Most councils will just keep it.Would that not equal out the new rules?

 

I did read of one council that donated the excess to a charity.

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It's all of dubious merit. Charities often do the same sort of work as councils anyway, providing children's services, shelter for homeless people etc. There is an argument that the council would be better off keeping it and spending it themselves - although it's debatable.

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It's all of dubious merit. Charities often do the same sort of work as councils anyway, providing children's services, shelter for homeless people etc. There is an argument that the council would be better off keeping it and spending it themselves - although it's debatable.

 

 

 

Exactly, I never understand the allegations of 'money grabbing' Councils ripping people off. They are a non profit making organisation all the money they receive is ploughed back into the local community. Sometimes they may make some odd choices when spending the money but far less worrying to me than charities employing fund raisers on 6 figure salaries.

 

 

Free bays are also included in the scheme which is a complete nonsense if a bay is 20 mins free that's what you should get, if you give 10 mins grace it becomes 30 mins free which is not what it says on the sign. So mr Pickles thinks somehow adding ten minutes to every free bay is going to help drivers, all that will happen is drivers will just add on the ten minutes and still get caught out. Councils on the other hand who are trying to manage parking schemes and actually wish to restrict free parking to allow for picking up passengers at stations, popping in convenience stores etc will have to change all the traffic orders and signs to reduce the signed allowance by 10 minutes to allow for the 10 free extra overstay.

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  • 3 weeks later...
So a 60 minute ticket in effect becomes a 70 minute ticket. Doesn't solve the problem - it just moves it 10 minutes down the line.

 

Precisely. They brought this 10 minute thing in in Dublin (where the default answer to overstaying your parking ticket is a clamp) and that's what happened. The council's parking website is now plastered with "there is no grace period on the grace period" and variants on same.

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They should charge £10 for an overstay, plus £1 per minute until the full charge for the PCN is reached, and that's the final cap. That would be proportionate to the contravention and not hit accidental overstayers unduly hard. A 2 minute overstay would be £10 + £2. A 20 minute overstay would be £10 + £20.

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