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    • He was one of four former top executives from Sam Bankman-Fried's firms to plead guilty to charges.View the full article
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Morning :-)

 

A friend of mine is having a multitude of issues with her local council mainly due to not disclosing changes of circumstances leading to overpayments of housing benefit and council tax benefit.

 

This is just for the council tax.

 

In the first instance, her local council did a recalculation of benefits after I got involved but for the years 2013-14 they have presented a bill for nearly £500.

 

After some communication with them, they have stated that they will not be able to agree a payment arrangement until a liability order is in place. In this area, a LO adds another £75 to the bill. Surely they should be willing to enter negotiations before it gets anywhere near a court??

 

Another small(ish) issue was that the council sent her a final notice for her 2014-15 demanding full payment within 7 days except they posted the letter out via a third party and I got the letter with 2 days to spare. They threatened to get a liability order which would incur another £75 for a debt totalling less than £12. Surely they should not have done this!

 

Complaint letter done and will be posted later :|

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Paragraphs 34 and 51 in Nicolson v Tottenham Magistrates would seem arguable. The problem is getting the council to appreciate that.

 

 

34. As a matter of straightforward construction of Regulation 34(7) that means that the Magistrates must be satisfied:

 

i) that the local authority has actually incurred those costs;

 

ii) that the costs in question were incurred in obtaining the liability order; and

 

iii)
that it was reasonable for the local authority to incur them
.

 

 

51. If the necessary causal link is established to the satisfaction of the court then the next question is whether the costs claimed have been "reasonably" incurred. It may be that the method by which the costs are calculated demonstrates this without the need for further evidence; but there may be individual cases in which it would be open to the respondent to argue that the costs were not reasonably incurred, for example, if it was not reasonable for the local authority to take steps to enforce payment, or if the costs which were incurred were excessive – e.g. if the local authority sent a QC along to argue a simple point of law in the Magistrates' Court.

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Outlawla, the information that you have posted relates to the question about the liability order costs. My reading of the query from Silverfox is whether or not the local authority can accept a payment arrangement WITHOUT having to resort to actually having a Liability Order issued. I know that this is a subject that you will very likely know the answer to.

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The Council can do whatever it likes (so yes it can make an arrangement without obtaining a court order). The billing authority is not legally obliged to make complaint to the Magistrates court when a taxpayer defaults, it has discretion.

 

My initial post is relevant because the council may make an application for a liability order (to protect its interest) but without costs because a Magistrates' court SHOULD NOT consider in those circumstances it reasonable for the authority to take steps to enforce payment.

 

EDIT:

 

Notice the term "SHOULD NOT" above. I doubt any Magistrates' court would take any notice of whether it was reasonable for the authority to take steps to enforce payment in practice.

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Wow! thank you so much outlawla. When I read your reply I didn't quite understand but now, having re read the underlined bits, I see where you are coming from.

 

Should the council decide to issue the summons, I will make sure we both are there to dispute it and the costs as we are more than prepared to enter into negotiations with them.

 

Initially, my friend will pay an extra £20 per month on top of her normal CT and I have made that clear in my letter to them.

 

I am sending a SAR to them as well which may show some discrepancies in their workings.

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I think the council can set up an arrangement without a LO, but will want the extra cash involved, and the ease of passing the debt to their tame bailiffs to enforce if a payment is missed, or am I just cynical.

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These one-sided regulations really need to be sorted out - I reckon in 60% (at least) of the liability orders issues people already ARE paying the councils what they CAN.

 

Liability orders, as I frequently say, should NOT be issued until the end of the financial year and should only be issued where NO communication and payment have been received.

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Final Notice today except they are now demanding over £100 less that before. I don't think they know exactly what is owing. I have sent them an email raising the points raised above and told them we would be attending the magistrates should they proceed.

A formal Complaint was received by them on the same date of the Final Notice so I hope they have crossed in the post.

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  • 2 weeks later...

A little update.

 

I had a response to the formal complaint and as expected, they said they did nothing wrong however on the same day, I received a letter from the council tax department. The same people who said they couldn't make any arrangement until a liability order was in place.

 

They have merged the amount from 2013/14 and this years council tax and this means she will be paying £188 a month for 4 months. This she can do so long as she continues with her usual overtime.

 

Some councils seem to think they can ride roughshod over people so it makes sense to complain. I would call it a result. No court involvement.

 

Just the SAR to come back now and I can check what has been done with her accounts and try to decipher the codes to see if other errors have been made (on both sides)

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It would seem that what the council did to this lady was outside their legal power (ultra vires) in terms of their use of the statutory instruments (Regulation). Was the power beyond the main statute, is my question. A Regulation cannot have more power than its deriving power, which in this case is the Local Government Finance Act 1992. If it is doing this to her, your friend that is, besides a success for this lady they are nevertheless likely to use this liability Order threat against others notwithstanding the problem with exaggerated costs: Nicolson [2015] High Court authority. I had a problem with the Civil Service pertaining to 'DWP' and as I knew their arrangements were not only wrong against self, it was obvious it would be seriously detrimental on others in my situation. To cut a long story short, I referred matter to the Parliament Ombudsman which effect was that DWP changed their systems to where 2 decision makers (experienced regional supervisors) make the decision.

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Good result Silverfox well done.

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