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    • 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  
    • pop up on the bulk court website detailed on the claimform. [if it is not working return after the w/end or the next day if week time] . When you select ‘Register’, you will be taken to a screen titled ‘Sign in using Government Gateway’.  Choose ‘Create sign in details’ to register for the first time.  You will be asked to provide your name, email address, set a password and a memorable recovery word. You will be emailed your Government Gateway 12-digit User ID.  You should make a note of your memorable word, or password as these are not included in the email.<<**IMPORTANT**  then log in to the bulk court Website .  select respond to a claim and select the start AOS box. .  then using the details required from the claimform . defend all leave jurisdiction unticked  you DO NOT file a defence at this time [BUT you MUST file a defence regardless by day 33 ] click thru to the end confirm and exit the website .get a CPR 31:14 request running to the solicitors https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim type your name ONLY no need to sign anything .you DO NOT await the return of paperwork. you MUST file a defence regardless by day 33 from the date on the claimform.
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      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Frankly I don't think that is any accident.

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      This is good ethical practice.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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what constitutes a first offence? what will my likely outcome be?


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If this involves Warrington-Wigan or Stockport-Manchester then you are on a very very dangerous path.

 

Ha ha ha, spoken like a true revenue enforcer!

How to intimidate and scare a new member in one short sentence, incredible!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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Ha ha ha, spoken like a true revenue enforcer!

How to intimidate and scare a new member in one short sentence, incredible!

 

 

 

Would you rather that firstclassx were to tell lies?

 

Maybe not what the OP, you, or Conniff would prefer to see posted, but in respect of those two routes in particular it is very true nonetheless.

 

Certain revenue at risk 'hot-spots' are being targeted and that includes observing the habits of regular travellers. Those two routes are not the only ones and I'm sure that we can all best help users by reminding them of the rules in force too

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Would you rather that firstclassx were to tell lies?

 

Maybe not what the OP, you, or Conniff would prefer to see posted, but in respect of those two routes in particular it is very true nonetheless.

 

Certain revenue at risk 'hot-spots' are being targeted and that includes observing the habits of regular travellers. Those two routes are not the only ones and I'm sure that we can all best help users by reminding them of the rules in force too

 

There is a comedian who says 'it's the way I tell 'em'. To write words like "very very dangerous path." is pure scaremongering and taking pleasure from someone elses misfortune. What does "very very dangerous path" mean, is he going to get 10 years ?

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There is a comedian who says 'it's the way I tell 'em'. To write words like "very very dangerous path." is pure scaremongering and taking pleasure from someone elses misfortune. What does "very very dangerous path" mean, is he going to get 10 years ?

 

I don't work in revenue protection but I took it to mean "OP MAY have been stopped this time having been observed to not buy a ticket previously".

 

While the OP shouldn't go volunteering info about previous ticketless travel, if they get caught claiming "it was my first offence, honestly!" to the TOC, they shouldn't expect an administrative outcome.

 

OP : Don't volunteer info, but be careful not to get caught in a lie. That's how I read it.

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Ah yes, the rules! God forbid we bend those, as for the revenue enforcers, there are a lot, if not all, who

deliberately chase targets, and act with zero discretion.

 

However, back to topic!

Who ever heard of someone getting a job at the Jobcentre? The unemployed are sent there as penance for their sins, not to help them find work!

 

 

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I don't work in revenue protection but I took it to mean "OP MAY have been stopped this time having been observed to not buy a ticket previously".

 

While the OP shouldn't go volunteering info about previous ticketless travel, if they get caught claiming "it was my first offence, honestly!" to the TOC, they shouldn't expect an administrative outcome.

 

OP : Don't volunteer info, but be careful not to get caught in a lie. That's how I read it.

 

Precisely, anyone claiming it is their first time in that situation could become unstuck if they have become plain clothes targets over time.

 

You have to be entirely honest with VT and yourself. On those routes, fare evasion is as high as 1 in 3, so a lot of time and effort is being put into combatting the issue.

 

If it isnt your first time walking away, which it sounds like it isnt, then you really need to think about how you reply, because I imagine they already know!

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Ah yes, the rules! God forbid we bend those, as for the revenue enforcers, there are a lot, if not all, who

deliberately chase targets, and act with zero discretion.

 

However, back to topic!

 

 

I don't work on the railways, let alone in revenue protection.

 

But, if a particular route has major fare evasion : why shouldn't the TOC target offenders, and why shouldn't they grant no discretion towards someone who appears to be a repeat offender & lies about it?

 

(Not saying this is the case for the OP, because although they've admitted to having not paid their fare before, no one is suggesting they should / would lie about it!)

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Ah yes, the rules! God forbid we bend those, as for the revenue enforcers, there are a lot, if not all, who deliberately chase targets, and act with zero discretion.

 

 

 

 

As someone who has been directly involved in processing this kind of work for many years, I would be very pleased to see your clear evidence that, in relation to revenue staff "there are a lot, if not all, who deliberately chase targets" and your further clear evidence that such targets exist.

 

Where deliberate fare evasion is concerned only the words & actions of an alleged offender that are recorded in evidence of the offence, along with any hard evidence such as an invalid ticket, can be relied upon to prove the case.

 

I am firmly of the belief that we can all best help those who come to these forums seeking assistance if we stick to hard facts and evidence and avoid making unfounded allegations for the sake of it.

 

In many areas right across the national network a tightening of revenue protection activity through more thorough ticket checking and enforcement of long-standing rules is very evident.

 

This is partly in response to identifying evidence of increasing opportunistic fare evasion on some routes and partly a drive to improve re-education about the intending passenger's responsibilities when travelling, as well as making sure that TOCs improve availability of clear, accurate information and ticket purchase opportunities for the public before travelling.

 

I believe that in part, this has been an inevitable consequence of various recent reports, including that by TF earlier in the year highlighting the need to improve consistency in all areas across the system.

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Ah yes, the rules! God forbid we bend those, as for the revenue enforcers, there are a lot, if not all, who deliberately chase targets, and act with zero discretion.

 

 

:sleep::focus:

 

 

 

Good idea rolleyes.gif

 

 

if a particular route has major fare evasion : why shouldn't the TOC target offenders, and why shouldn't they grant no discretion towards someone who appears to be a repeat offender & lies about it?

 

(Not saying this is the case for the OP, because although they've admitted to having not paid their fare before, no one is suggesting they should / would lie about it!)

 

 

It is a fact that more focussed revenue protection exercises are becoming very much more common in many areas and we can best help those who may consider travelling without valid tickets by encouraging them always to use the facilities that are provided to get one before travelling and to thoroughly investigate the savings that can be made legitimately, particularly by using weekly or season tickets where practical and buying in advance wherever possible.

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