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    • Thanks for all responses I’ve been looking at other threads and now feel totally confused as I’m scared of actually having to go to court as I have no idea how to defend this! Torn between just setting up a payment plan and not wanting them to win! 
    • Thanks so much!    1. on planning permission my WS says: The signs did not have planning permission under the Town and County planning.  I have an email stating there was no planning permission from the council. The signs do not fall under deemed consent.  * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the  county court to determine planning permission.   2. Excel are trying to say I’m dishonest.  Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   This is Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge    Q Any comments?      Their WS states that I alleged I received no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside and part of why it was granted. Evidence was provided at that time. Q Is this going to come up again?    *Also they question how I would be able to comment on the signs if I’m not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous.    I state that photos will be provided in my bundle. I actually haven’t submitted any but I do also know somebody who had PCN from the same carpark,   He gave me all his evidence etc, Mr Booth and he won his case. I linked to the parking pranksters article on it.  Q So is it ok to use such websites and to use photos from someone else?    Thanks    I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply   This is the link to Mr Booth case who won on the signage  Also the PCN is completely blurred and illegible in their WS evidence  Is this another point?    I have his his email regarding planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent     http://parking-prankster.blogspot.com/2017/01/excel-parking-v-booth.html?m=1   He had a number of lines of defence, but focussed on the poor signage in the car park. Excel Parking used BW Legal who hired a local solicitor to turn up. She wasn't that well prepared and had not bothered to bring printed copies of the case. When the Judge asked her to refer to defence photographs provided of poor signage she used her phone. Mr Booth admitted that he never bought a ticket - but this was because he never saw the signage signage in the first place and so no contract was entered into. Excel provided pictures of the signage, date stamped for August 2015, but the event was in March 2015. They also provided at the last minute a witness statement from the landowner stating he gave authority, date stamped September 2015. The PCN they sent in their Witness statement was a photocopy and completely blurred and illegible. Mr Booth's arguments were that; 1. Poor signage - there were "staff only" parking signs on the building wall next to where he parked - he questioned the claimant's right to sue someone parked against these bays 2. He questioned their authority to act on behalf of the landlord 3. He questioned whether the signage had planning consent. The Judge followed this through with Excel's representative: "Did they have a contract which said these bays were exempt or not exempt from Excel issuing tickets on the vehicles parked? As Excel had not bothered to supply a copy of the actual contract, the solicitor could not confirm either way. Regarding. planning consent, Mr Booth had an email from the town planning officer stating that in his opinion the signage would require planning consent, and that there was no planning application on file. The judge said if Mr Booth had only brought this point up he may have found differently. The judge clearly had doubts about the signs where any reasonable person would think the same and that the "staff only" signs would not lead them to think there was a requirement to buy a ticket. He took a recess for 10 mins then made his judgment. Claim refused - the parking signs cause confusion , and there was prof there was a contract which allowed the charges claimed. He went on to state that he was staggered that serial claims companies like Excel do not take a photo of the signs at the time of erection. Why do they wait until litigation to take photos. There was no evidence that the signs were there at all on the date.    
    • Not anymore now that the right have manipulated voters into voting for a conservative dictatorship.   All of what you've said is just another worrying aspect of what the future holds 
    • Just like all the rubbish spouted over the past 4 years, would, would, would.  What you really mean is COULD.    
    • You're ignoring the most difficult issue in a trade agreement. It's not the tariffs or the lack of them  which is the tough part to reslove but the regulatory standards of the goods to be imported & exported that needs to be decided.   For example the EU banned the import of chlorine washed chicken since 1997 which of course hurts the US, and who are going to be very keen to include it in any new agreement with the UK and will use it to barter prospective concessions in exchange . As a nation we're going to first have to decided whether that is acceptable or not and that alone will be difficult enough to resolve. And that's just one product.   This has all the makings of a category 5 $h1t storm that will last an eternity. 
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Thewigster

Misread Sign and Napier FCN received - civic drive ipswich

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Hi Peeps

other day i received a charge notice after parking at a napier car park in civic drive ipswich .

 

Dad is a blue badge holder .

 

I checked the board but due to the height and my not so perfect eye sight i misread the line "blue badge holders are not exempt from these charges" as " blue bagde holders ARE exempt from these charges .

 

whats the likelyhood of a sucessful appeal on this one ?

 

thanks in advance

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Hi,

If this was a windscreen ticket, do nothing until the Notice to Keeper has arrived. This should be between 29 and 56 days after the event.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi,

If this was a windscreen ticket, do nothing until the Notice to Keeper has arrived. This should be between 29 and 56 days after the event.

 

Yep ticket in a nice clear packet

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then wait for the NTK, it is probably not POFA compliant so you will then be able to tell them to get stuffed.

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should i appeal online then or wait for NTK First ?

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as post 4

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Morning everyone hope a pleasant christmas was had by all. Just to update on this I've received NTK can I ask for a little help with POFA compliancy ?

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Have a read around. This is a self help site. There are plenty of threads that deal with your exact issue. If you get stuck, show us what you found and your interpretation and we can advise


Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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scan it up to pdf please

follow upload


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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attachment rotated and converted to pdf


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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attachment rotated and converted to pdf

 

Thanks for your help. Not very good with technology

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Hi

This should have been done at the start of this thread.

 

Can you give us the answers to this post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Was the disabled badge prominently shown.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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One more thing, The IPC code of practice state.

 

Under the Equality Act 2010 it is your duty to make “reasonable adjustments” to assist

disabled people to use any services you provide. It is incumbent on operators to

determine what is necessary on their individual sites. Adjustments could include

lowered pay and display meters, lowered signage and wider parking bays marked

specifcally for disabled drivers

 

Were there lowered signs?


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

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Hi

This should have been done at the start of this thread.

 

Can you give us the answers to this post.

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Was the disabled badge prominently shown.

Yes both parts to it. Id card and time card

 

One more thing, The IPC code of practice state.

 

 

 

Were there lowered signs?

 

No all at the same height

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It doesn't matter as you will get rejected by Napier anyway. Any appeal to the IAS will also result in a rejection as they are so biased, it's untrue.

 

What is likely to happen is that you will get more begging letters but nothing of any concern. In the 9 months to September 16, Napier issued just over 10.5k tickets nd took court action once. I suspect they lost that case as if they had won, tey would have been more confident on taking more to court.

 

As I see it, I would sit on my hands and the only time to do anything is if a Letter Before Action (LBA) or a court claim arrives.


If you are asked to deal with any matter via private message, PLEASE report it.

Everything I say is opinion only. If you are unsure on any comment made, you should see a qualified solicitor

Please help CAG. Order this ebook. Now available on Amazon. Please click HERE

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OK, NTK is POFA compliant so any argument will be over the signage.

 

You say that you misread it,

this leads to the questions of how big were the signs and how big was the small print?

 

Also were the signs at the entrance to the car park different to the signs scattered about and what does the blurb on the ticket machine say?

 

To form a contract at the outset the signage must have all of the details of the contract offered and the signs must essentially all be the same.

 

The wording on the ticket machine, if different to the signage is the bit that offers the contract and is only entered into when you put your money in the machine.

 

If you dont feed the meter and the signs say "see machine for conditions" or the like then if you ignore them you are trespassing and that is not a contractual matter with the parking co.

 

by misreading the signage you havent actualy entered into a contract becasue you didnt pay unless the signs have the same wording as the machine.

 

Would I appeal?

Not without revisiting the site and photographing the signs and pay meter and after that only to say that no contract formed and they can get tae the back of the bus.

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Thanks for the reply,

 

I would as you say have to revisit as I never bought a ticket after reading the sign.

 

But what your saying is that unless there is a sign identical to the one I read then no contract was formed

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no,

I am saying that the sign may not be a contract but an invitation to treat

and that allows you to not have to accept its terms but to make other enquiries or considerations.

Once you put money into the machine the contract is formed but uo to that point you havent agreed to anything.

 

The wording of the signage then becomes vital to knowing what you are being offered and whether you accet it or not,

 

 

the critical thing is that you dont have to accept it but can still park there with the risk of being a trespasser.

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Ill go down in the week and get some photos of the signage , see what you think

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Attached some pics of the signs today. If you imagine I'm 6ft tall and I had to point the camera to the sky to take them

20170105_142942.jpg

20170105_143010.jpg

20170105_143109.jpg

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the signs contain the information needed

but as you say, they are a sod to read so can you estimate their height above the ground?

I presume the one next to the ticket machine is the same wording as the others.

 

Can you also tell us how long the co has been running this car park and who owns the land?

The former will help regarding whether they have planning permission for their signs and if they dont they are breaking the law.

 

 

Criminal activity=no contract can be formed.

If a recent enterprise the PP will be listed on the council planning portal,

most councils have these but some only go back a couple of years for online searches so you may have to ask them.

 

 

For the second point there is an argument about whether the size and colour of the writing can lead to condusion or problems reading and understanding the contract offered (consideration and acceptance).

 

 

This is always something that is subjective and no-one can sat that such and such is OK but so and so isnt so the planning matter will be the killer for them

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I would estimate the bottom of the sign must be 7ft from ground level. As I said I'm 6ft and I can stand comfortably under it. Yes the signage by the machine is identical but in all honesty I don't think the lettering on that is big enough either.

 

Regarding how long they have been there I don't know. The car park used to be used as a market a few years ago and was owned by wolsey theatre. Don't know if the sold it or they lease it to napier? ?

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then look at the planning portal and see it it is listed.

 

 

It is usual for parking co's to claim deemed consent but if you read what is allowed under deemed consent their signs dont fit with any of it so express consent needed.

 

Ultimately this is an easier argument but like the wording on a sign offering a contract it is all down to how someone else interprets it and you can bet that whoever considers this wont be an expert on planning and contract law.

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done some research tonight and found this . not sure i understand how a place can be up and running and trading as a business when the planning is still pending ?

planning.docx.jpg

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