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    • Thanks for the message jk2054   I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed.    The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.
    • I agree with you LFI, a totally wrong decision, I may be wrong but IMO who was driving is irrelevant .... So what if he declared himself as driver within 28 days? .... I may be wrong but it's my understanding that that just makes him liable for the charge as driver. The fact is, the driver, declared or not, only made the error of entering the wrong vehicle registration number .... The parking was paid for. I think it more likely the judge dismissed because he didn't appeal to the PPC and tell them about the error and confirm he paid giving the chance of rectifying the situation before it got to court. But we can only know if Dave962 clarifies. Pollux, is that a fish like Cod? 😁
    • and more .. As thames water pushes to further rip off captive customers, not get fined for it, and allow more dividends .. for little more than 'aspirations' to do better More detail comes out of the literally and figuratively sh** companies apparently shunting money out of the regulated business to profit/bonus/dividend generating unregulated side companies   "Accounts filed at Companies House show : (Kennets) accounts, filed more than 12 months after the end of Kennet’s financial year, showed that the company made a £1.15m pre-tax profit for the year to 31 March 2023, up from £374,000 a year earlier. Revenues rose to £1.6m in 2023 – up from £1m in "Kennet Properties paid out a £14.5m dividend in the year to 31 March 2023" "Kennet ?takes on? land no longer needed by Britain’s biggest water company before developing it and selling it on, typically for housing or commercial premises. It also received income for the use of sewer networks by third parties for fibre-optic cabling."   Thames Water could raise bills to £627 a year to help fix leaks | Thames Water | The Guardian WWW.THEGUARDIAN.COM Embattled water supplier promises to invest up to £3bn more over the next five years     Thames Water-linked firm paid £14m in dividends despite concerns over group | Thames Water | The Guardian WWW.THEGUARDIAN.COM Kennet Properties sells off Thames Water land, whose owner, Kemble Water, has warned it would not be able to pay a £190m loan  
    • I think it will make more sense if you read that the Judge meant the 28 day sentence was on the PCN not the sign. He lost because in the Judge's opinion the registered keeper has the option to declare who was driving on the day. Dave didn't do that so he takes the blame for not making the declaration. A totally wrong decision which can be challenged at a price. There is no guarantee that another Judge will want to say that the original judgement was majorly wrong so may not change it. On the other hand another Judge may say the decision was an absolute load of pollux and reverse the decision and add punitive additions on to TPS for bringing such a hopeless case to Court.  That's why we call it Judge Lottery. To be fair, Judges tend to get it right more often than not. Doesn't make things any easier for Dave.
    • Do we have any cases where TFl don't write?  I tried to lookup but couldn't find much. Any idea?
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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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      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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Black Horse arrears


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In July 2010 my wife I purchased a static caravan on a Park Resort holiday camp for

£13693.75

a deposit of £2500 and

the balance on Black Horse finance.

Our finances changed 8 months later and was no longer able to pay for the caravan

 

 

we spoke to BH and they agreed they would take the caravan back sell it and we would have to pay the outstanding finance on a agreed amount of £50 per month and top up as and when we could with no interest on the outstanding balance which was approx £6500.

 

 

Since 2013 we have kept a regular paymant of £50 as agreed with BH and have a outstanding balance of Approx £4500.

 

 

Recently i checked my credit score on Clear score and found that i was in arrears with BH,

i contacted BH and discussed that i had kept our agreed payment every month and i was still in arrears.

 

 

BH told me that i was and would continue to be until full payment

i asked if i paid the original monthly amount of £275 or paid a settlement figure (which they declined) would i still be in arrears, and the answer was yes,

Do you have any advise

 

Is it to late for a "voluntary termination"

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They're not doing anything wrong unfortunately.

 

The mark on your credit file will remain for six years, regardless.

 

The fact is, that when you entered into the 'original' agreement with them, you agreed to pay X amount each month, your circumstances changed, and the payments reduced, even with their agreement, you're still defaulting on what you originally agreed.

 

They have us all over a barrel, and when it comes to credit files, they act like petulant children, believing that it somehow matters and the average Joe somehow cares about it!

 

Obviously if your CRF is important to your employment then that's a whole different board game, if not, I wouldn't give it a seconds thought.

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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Is it to late for a "voluntary termination"

 

Unsure???

How much have you paid off?

 

What does the contract say about VT??

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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Sorry, just re-read the OP......you've already VT'd it have you not??

 

The default will remain, regardless, as you broke the original contract, and it will stay on your file for 6 (six) years until it auto drops off your file.

 

They flogged it, and are demanding you pay the remainder outstanding balance, which you both agreed at £50 a month.

 

Even if you paid them the £4500 it wouldn't clear your credit file, the default will remain.

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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So it was an HP agreement and

 

They kindly agreed to let you vs

the caravan and stung you for the

whole agreement minus the sale price?

 

You could have exercised your right to vt

back then too late now

 

How are they reporting the account

AP or default?

 

Take it you received a default notice

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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I dont have a copy as it was so long ago, is it possible to get a copy

 

Thanks for your help

If HP

 

cca request under s79 to BH

PLEASE HELP US TO KEEP THIS SITE RUNNING

EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 

 

 

Any help I am able to give is from my own experience only. Should you have any doubt you should contact a qualified professional.

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