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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Given 'abatement notice' for noise - but haven't been in property for a few weeks


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Hello,

 

Thank you for clicking and giving this a read.

 

Apologies in advance if this is in the wrong forum: it was a toss up between this one and the renting one.

 

I am not able to get in touch with my local city council until Monday but I would just like some reassurance in the interim.

 

For the past few weeks - since the end of March, we have been temporarily living in an AirBnB rental in London for a work placement. We returned home today for a few hours to check post, water plants etc, and to our surprise we had received two letters - the first dated mid-April and the second dated two days ago, with regards to excessive noise (from an amplified speaker) coming from our flat in the afternoons on these two occasions; the second letter was accompanied by the abatement notice.

 

Our flat is in a building of three flats in total. The building itself is right in the city centre, surrounded by other commercial and residential buildings. We rent our flat and we have not sublet any part of it out.

 

We are able to provide an extensive range of evidence to prove that we have been away for all of this time - and most certainly on the two days that the complaints have been logged and witnessed: from our AirBnB rental receipts to statements from work, heck even oyster transactions on the tube and our phone GPS logs.

 

It's an annoying amount of extra effort but I am going to whole heartedly appeal this abatement notice come Monday morning. I can see though that the process of appealing requires a magistrates hearing which is slightly daunting.

 

For both the feeling of having done something about it today, as well as for our reassurance: could this in any way go wrong? Our array of evidence is water-tight, however the letters from the city council claim that the excessive noise has been "witnessed" by them?

 

Thanks again.

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Stupid question

Do you know if anyone else has access to your flat?

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

 

The SabreSheep, All information is offered on good faith and based on mine and others experiences. I am not a qualified legal professional and you should always seek legal advice if you are unsure of your position.

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Thanks for your reply SabreSheep.

 

Apart from the landlord / lettings people, no one else has access.

We have all of the spare keys with us - nothing under a doormat etc.

We briefly entertained the idea of regular break-ins but locks did not seem tampered with, nothing seemed used or out of place etc.

 

I am eager to learn what evidence the council / environmental dept. has, as the use of the term "witnessed" suggests they turned up in person and heard it coming from our flat.

 

I guess I am trying to find the balance between preparing for the worst and not over-thinking, but my only concern is having to go for a magistrates hearing for an issue we were not even present for, as well as the council being resistant despite all of our evidence - which I will mention tomorrow. Still being 2 hours away because of this work placement certainly does not help things!

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