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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  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.   3.2  The Defendant requested to see such a contract in the CPR request.  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   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        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.   4.3 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.   4.4        I also do not believe the claimant possesses these documents.   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, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    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;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  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. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 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 practice 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 Nos. F0DP806M and F0DP201T, District Judge Taylor echoed earlier General Judgment 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 recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional 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 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        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.   7.9        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).   In Conclusion   8.1        I invite the court to dismiss the claim.  Statement of Truth  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.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
    • No! What has happened is that your pix were up-to-date: 5 hours' maximum stay and £100 PCN. The lazy solicitors have sent ancient pictures: 4 hours' maximum stay and £60 PCN. Don't let on!  Let them be hoisted by their own lazy petard in the court hearing (if they don't bottle before).
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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.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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EU, in or out..


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And what of the imports from the EU into the UK??

 

We will have to pay import tax which will result in higher prices at the shops

 

Leaving the EU will end non customs charges within member states

 

We will have to pay our way just like Norway and Switzerland

 

Being selective with your posts does not help

 

Only if this government decides to put an import tax on. Importing taxes on goods into the UK would be a UK affair

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What is your main issue with the EU ?

 

If as you say little will change, why leave the club ?

 

The EU was doing ok before the Banks made a mess of it and it can recover, provided it reforms itself, with Brussels parliament not involving itself in too many issues.

 

My main issue is loss of sovereignty. I don't like foreign courts overruling our courts or other countries telling our 'elected' government what laws it can and can't make.

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If the UK did not pay this EU import tax on exit then the remaining 27 member states would simply ignore the UK and not import commerce. Why should we be any different than Norway or Switzerland?

 

Import tax would be an EU affair as it is a Treaty obligation for non EU members, not the UK who will have no say on the matter. if countries outside the EU have to pay this import tax into the EU for their products, why should we be any different???

 

Your second comment about loss of soverignty is erroneous as well

 

Parliament will always be supreme. There is nothing stopping us legislatng on our own member state constitution

 

All we have to do is repeal the European Communities Act and EU jurisprudence will no longer apply on the UK

 

Parliament will always be soverign

Edited by obiter dictum
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"And what of the imports from the EU into the UK??

 

We will have to pay import tax which will result in higher prices at the shops"

 

Again, you are mistaken.

 

Goods being exported from inside the eu to OUTSIDE THE EU would be subject to EXPORT duties as per eu requirements

 

Not as you said it, UK imposing IMPORT TAXs on eu goods coming into the UK

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The thing about loss of sovereignty is that our Parliament has sovereignty however it chooses to give away some of that authority to the EU. It can, at any time take it back .

 

However there would be occasions when not implementing an EU directive or passing legislation makes staying in the EU incompatible . That does not mean that they can not make the laws as they see fit

 

What authority being given away are you particularly worried about ?

 

BTW

Obiter, please learn to quote and multiquote , otherwise your posts are really really difficult to understand

Any opinion I give is from personal experience .

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The UK entered the EU in 1973 when it passed the European Communities Act of 1972.

In this act, parliament declared that the UK courts must interpret English law in accordance with EU law; effectively limiting parliament’s sovereignty.

Edited by Conniff
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And all the UK has to do is repeal the European Communities Act maintaining the soverignty of Parliament

 

The same as any other Act of Parliament

 

In other words, leave.

 

If I remember, we had to repeal our Merchant Shipping act because the Spanish didn't like it. I can't remember the details.

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That's the word I was looking for.

 

The British Government estimates that around 50% of UK legislation with a significant economic impact originates from EU legislation.

 

But most of it, the Uk government agrees with. If the UK left, it would still apply any law it agreed with or as a condition of any trade relationship.

 

I don't mind loss of sovereignty, as sometimes Brussels gives better rights to consumers and workers than Westminster.

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Goods being exported from inside the eu to OUTSIDE THE EU would be subject to EXPORT duties as per eu requirements

 

Not as you said it, UK imposing IMPORT TAXs on eu goods coming into the UK

 

What export duties are we considering?

 

Its probably a valid point; the eu doesn't impose export duties, UK exports are zero rated for VAT purposes [VAT MOSS excepted ] so I suppose it will fall to competition and the will of the incumbent government at the time.

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http://www.businessspectator.com.au/article/2015/11/5/european-crisis/its-end-eu-we-knew-it

 

 

Remember R.E.M.? The cult rock band’s song ‘It’s the end of the world as we know it’ would make the perfect soundtrack to Europe’s current crisis. It is indeed the end of Europe as knew it. Except no sane observer could join in R.E.M.’s chorus “and I feel fine”.

 

Nothing is fine in Europe these days. Since Angela Merkel singlehandedly opened Germany’s borders to refugees, asylum seekers, migrants and any other nomads, the continent has been plunged into chaos. First and foremost, Merkel’s irresponsible decision has created an existential challenge to her own country. But it also threatens to wreck the European Union -- or at least turn it into an entirely different organisation.

 

 

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It matters not who said it, it wasn't put there because it was Farage, and I didn't say anything about him or his party.

 

But what he says about Europe and Germany is 100% correct. You can see that by the look on Merkals face.

 

He is a superb speaker.

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It matters not who said it, it wasn't put there because it was Farage, and I didn't say anything about him or his party.

 

But what he says about Europe and Germany is 100% correct. You can see that by the look on Merkals face.

 

It was very well said and no one can really deny the truth of it.

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5: Forum rules - These have been updated - Please Read

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1: How can BCOBS protect you from your Banks unfair treatment

2: Does your Bank play fair - You can force your Bank to play Fair with you

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Advice & opinions given by citizenb are personal, are not endorsed by Consumer Action Group or Bank Action Group, and are offered informally, without prejudice & without liability. Your decisions and actions are your own, and should you be in any doubt, you are advised to seek the opinion of a qualified professional.

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It was very well said and no one can really deny the truth of it.

 

It is difficult to argue against Farage, but he is only representing part of the argument. It is not Germanys fault that they are very successful as an exporting nation, as they have invested a lot of money in training, R&D and in manufacturing equipment. Due to their success, they are the most dominant country. As for the French economy, for a country of only slightly less people and GDP income than the UK, they actually enjoy a higher productivity and quality of life than the UK.

 

The 28 EU countries produces a higher GDP income than the US and has less combined government debt than the US. The EU area is stil the best consumer market in the world and dominates the world in many cultural aspects.

 

Not saying that the EU does not have problems, which could be subject to reform, but the glass is half full and not half empty. Much of the EU current economic difficulties is down to the rushed way the EURO area was formed, with countries included on the basis of false accounting. Some of these countries borrowed huge sums of money at lower interest rates, to spend on very expensive infrastructure projects and have not recovered due to austerity measures.

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It matters not what your politics are, you cannot deny that he is right;

I also deny he is 'right'

 

He may come up with a FEW things which are issues that need addressing in some way, but they are drips in the oceans of his wrongness.

Neither are his solutions to those problems in any way right.

 

Its like saying a habitual criminal is 'right' just because he's good to his dog.

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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I am afraid I find his comments and tone xenophobic in the extreme . The EU was not designed to 'contain Germany ' it was designed to promote unity and foster peace. The biggest war in the second half of the 20th century was due to the collapse of the Soviet Union and the break up of Yugoslavia . To blame the war in Syria on the eu is rather ironic as the causes of that can be traced back to Britain and France and the League of Nations.

 

How many people are aware that the idea of European unity ,free trade and single currency go back to the Marshall Plan.

 

I will concede that he is an excellent speaker, who frankly never lets the whole truth get in the way of a good sound bite

by the way so was Hitler .

Any opinion I give is from personal experience .

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An excellent speech!! To say it was xenophobic is crass, if more UK politicians were to

take this stand Britain would be far better off.

The comments in post #130 is the work of someone seriously out of touch with the real world.

The reference to Hitler is offensive as well.

Farage seems to me to have " nailed" the state of the EU perfectly.

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An excellent speech!! To say it was xenophobic is crass, if more UK politicians were to

take this stand Britain would be far better off.

The comments in post #130 is the work of someone seriously out of touch with the real world.

The reference to Hitler is offensive as well.

Farage seems to me to have " nailed" the state of the EU perfectly.

 

A number of people feel the same way as you barnowl, its just that a lot more feel differently - else his party would have more than 1 UK parliamentary mp (who often differs from Farages extreme views) - and he would be one himself..

The Tory Legacy

Record high: Taxes, Immigration, Excrement in waterways, energy company/crony profits

Crumbling: Hospitals, Schools, council services, businesses and roads

 

If only the Govt had thrown a protective ring around care homes

with the same gusto they do around their crooked MPs

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Please explain why a factual reference about Hitler is offensive

All I stated was that he was an excellent speaker

 

AS for being crass calling farage xenophobic , well I am not sure how else to view it when he says the EU was set up to 'contain Germany' and his references to immigrants. My belief , based of past and current speeches by Farage is that he is a racist bigot (or at least professes to be one to appeal to some parts of the electorate). He is also a fraud as he tries to play the part of the 'ordinary working man' who in fact came from Public School and worked in the city, one of thatchers children.

Any opinion I give is from personal experience .

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