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    • Providing the statement (notice) is served within 6 months of the default charge/s....so technically yes  I suppose they could serve notice that way providing that said statements are given promptly ...monthly bi monthly etc.   I really wouldn't be digging too deep into the legislation...keep your claim to a general holistic claim
    • I know that it sounds extraordinary that one could bring a claim for far more than the cost of the goods or the service – but I hope you won't mind me saying that you have misunderstood the purpose of contractual damages – so that effectively there is no breach. It's all about remedying the breach. This means that if you sue in negligence or some other tort, to remedy the breach you have to put the injured party back into the position that they were in before the breach occurred. Contract damages are intended to remedy the breach. This means that you have to put the injured party into the position they would have been had there been no breach. The parties intended that there would be a sale of a dog without any existing defects. The breach of contract was that the dog came with defects. In order to remedy that breach and put the dog into the condition that it should have been – that both contracting parties expected it to be in – in other words with no dental problem, it means that damages will have to be calculated according to the cost of putting that defect right. I know this might sound strange that you could claim such a high amount – and I'm sure that a judge would be very cautious and worried about it but if the level of damages could be properly substantiated then I think the judge would have no option. If you'd like to look at a similar disproportionate level of damages – but which might be more palatable to you, imagine wedding photos. You commission somebody to take photographs of your wedding – and in fact because of some failure by the photographer, none of the photographs come out. The cost of the photographer might have been £500 for the wedding. Are you entitled to claim your £500 back? Yes of course. However does this compensate you for the loss of these photographs which were intended to become a special souvenir of this once-in-a-lifetime experience and which would be circulated to friends and also passed on to children and grandchildren. No, £500 certainly doesn't. Of course assessing the value of lost wedding photographs is going to be very difficult but at the end of the day, a judge will have to come up with a formula. Normally speaking if you sued for loss of wedding photographs then you would have to claim for a sum "not exceeding £X X X – in the discretion of the court". In fact dealing with this puppy is far easier because you are not speculating on the value of the bonding and the irreplaceable nature of the puppy. You are simply coming up with the cost of necessary dental work to put the dog into the condition that it should have been had there been no breach of contract. It's much easier to calculate this loss then it is to calculate the loss of wedding photos – but I will bet anybody who reads this, that you will find it far more acceptable to claim for the sentimental value of lost wedding photographs then you will to claim for the cost of repairing a dog's dental problems.  
    • Thanks LFI, the more ammunition the better, and I am always grateful for that.
    • Thanks DX i was a bit hasty posting it up.   Mind you, legal letters are just so unconventional the way key dates just blend into text. In any other kind of letters these dates would be given paragraphs on their own. This is the legal world I am now well and truly entrenched in though!   Anyway, I'll keep reading up on the website, and as you say this forum.
    • Oh cool so 3pts to me It does state on http://www.legislation.gov.uk/ukpga/2006/14/section/12 the following: (3)The notice under this section may be incorporated in a statement or other notice which the creditor or owner gives the debtor or hirer in relation to the agreement by virtue of another provision of this Act. so just to be sure that statement does not apply
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Rich44

Parking eye appeal failed now threatening court - they breached terms first?

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Hi

 

Just received the attached today 12th July. I was back in the car 4 minutes before the parking expired I was unaware that there were cameras up and was loitering near the exit waiting for the family to catch up. I thought as I was in the car out of the space that there wouldn't be a problem as I wasn't aware as I say there were cameras on the entrance/exit.

 

I presume i'll have to pay this now, i'll need to pay in installments as my only source of income is my ESA so can't afford even the £60 discounted figure. There is signage up in the car park but I didn't see mention of anything to do with ANPR cameras anywhere, as it was a pub car park with a ticket machine I assumed it'd just be the pub enforcing it.

 

Any suggestions gratefully received, thanks

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Attachments removed

Person info showing

 

Don't think you owe anything


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Thought I'd blanked everything out my bad, thanks.

 

So what do I do then?

 

Cheers

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Was that the NTK


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Yes that came on the post today, guess it's all computer driven as nothing on the car when I left, I was back in plenty of time but loitered in entrance of the car park waiting for the wife & kids to get back, that's what makes me really sick as was honestly out of the space in time & there was only 2 other cars in there too.

 

It's a pub car park & all the signs say you can get your parking fee refunded in the pub subject to a min purchase but when you go look the pubs now shut down so you can't spend the voucher the machine prints either.

 

Anyway thanks again

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I've edited the paperwork again so will reattach again, hopefully i've removed all the personal bits correctly now

PCN003.jpg

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First thing that comes to mind is they havent allowed you any grace period at all.

 

Think about it. They allow you two hours parking. But in their eyes, that 2 hours starts from the second you enter to the second you leave. In effect you had less than the stated 2 hours.

 

Then theres the whole thing about pofa compliance, signage, the fact they are charging for a now closed pub...


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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I was technically about 30 mins over the time on my ticket before I passed the ANPR camera, Shane they don't have cameras on the spaces lol.

 

OK so what do I do write back disputing it, ignore it, roast it & eat it?

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That scan is the pcn

 

Await the notice to keeper

Then appeal with whatever silly reason you like

You want the popla code

 

Dog wanted to use the toilet in Mac d.s will do


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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Ha ha parking lie, won't be long before these lot go the same way as the rogue clamping companies, which they were before it was outlawed!

 

Wait for EB to advise you, can you go back to the car park and photograph the signage?


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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Ok that came in the post today there was nothing on the car so I should expect something else next?

 

Yes I can go take photos in the car park next time I'm over that way in next few days

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Ha ha parking lie, won't be long before these lot go the same way as the rogue clamping companies, which they were before it was outlawed!

 

Wait for EB to advise you, can you go back to the car park and photograph the signage?

 

Doubt theyll go anywhere. Theyre owned by capita, who in turn are deeply embedded with the current government


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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The cameras monitor the entrance and exit, not the parking spaces

so you can drive round for 30 minutes looking for a space

and they would be none the wiser.

 

 

Essentially this is about triviality so you should appeal saying

" the driver of the vehicle did not breach the parking conditions

as they were not parked for the entire time that has been assumed by the entry/exit times

but for a time that was within the limits expressed by the signage offering a contract.

 

 

The BPA code of practice insists that operators have a grace period for such things as

finding a space, reading the signage, queueing to exit etc and this measured overstay falls into that period.

Please cancel the charge on those grounds"

 

before firing this off

a copy of the signage wouldnt go amiss as some operators try and fudge the issue

by saying on their signage that you agree to everything it says

even before you have had a chace to read it,

which of couse is rubbish but better to informed.

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Of course, you could drive into the car park wait 30 mins for a space drive off without having parked & not bought a ticket then a week later you get a "fine" in the post.

 

I'll get down the tomorrow & take some photos, thanks again

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did they send you a time stamped picture of entering and leaving the car park?

 

the place where I got one I noticed a lot of people walking past the entrance to the car park because it had a bus stop next to it

 

I argued that with people crossing across the path of the camera

 

it caused a miss read of the licence plate

 

so I demanded to see time stamped photographs of my car entering and leaving

 

the parking company ukcps had to back down

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Yeah it's in the scan above

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demand to see some proof before you pay any fine

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its not a fine!!


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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And the "proof" is attached to this thread

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May be irrelevant, but looking at the notice it does not say what you are supposed to have done, unless it is explicitly stated in the redacted parts. It says in the blurb below that you have either not displayed a ticket or remaining in the car park longer than permitted, so which is it that they're claiming?

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No redacted parts are strictly just personal info & dates.

 

Interesting point haven't had chance to go today but hopefully tomorrow will be OK

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Hi

 

Got a ticket awhile back for parking in pub car park & overstaying, I was still technically in the car park but I was stopped in driveway just before where the hidden ANPR camera is now.

 

Few weeks later "fine" letter appears, wrote back, I was ignored, wrote again as heard nothing, got letter back saying "out of time" even tho first appeal was in time. They claim they never received it.

 

Got Popla letter, filled all of that in carefully. Just had an email today turning the appeal down.

 

I had included the ridiculously tiny writing on signs over 6 foot in the air that I couldn't read at all.

 

I also appealed on grounds of breach of contract. You get a voucher stating you can redeem your parking fee in the pub which is why I parked there, effectively free parking.

 

No signs up anywhere warning you that the pub has closed down so no way to redeem the voucher.

 

Popla have said its not grounds for appeal & dismissed the fact the car wasn't parked as I was in it & it wasn't in a space it was being driven but that was refused too.

 

In hindsight I perhaps should have asked here first re Popla appeal but it seemed so straight forward & with all the photos etc thought I stood a good chance.

 

Am rather unwell with several neurological conditions so am disabled & on lots of drugs so please be gentle.

 

Thanks

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Which PPC is it.


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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Sorry thought I'd added that it's Parkingeye

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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