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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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    • 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.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
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      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Judge orders debtor to pay £7,000 in costs for trying to avoid paying Compliance fee of £75......a discussion thread.


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I thought it was clear form the onset, when the defence disclosed the notice of removal of implied right, which area his advice was coming from.

 

It is sad to say that the same advice regarding direct payments is still happening despite this case.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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On reading the judgement it appears that the title of this thread is misnamed.

 

Man pays charges and enforcement costs but then raises action for the costs of a hire car, loses that, and costs are awarded against him for that action.

 

Less catchy though.

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On reading the judgement it appears that the title of this thread is misnamed.

 

Man pays charges and enforcement costs but then raises action for the costs of a hire car, loses that, and costs are awarded against him for that action.

 

Less catchy though.

 

Bit more to it than that, costs were awarded for all kinds of things.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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And of course, in order to be awarded costs at all, you have to have lost in the first place.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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If the advice had been sound in the first place then this would never have arisen.

 

Yes absolutely.

And the case was not about the cost of hire. It was about if fees can be charged after a payment which is made directly to the authority. The finding was that of course, they can, the costs were a reflection on, and a consequence of, what a bloody silly question it was to ask.

DO NOT PAY UPFRONT FEES TO COLD CALLERS PROMISING TO WRITE OFF YOUR DEBTS

DO NOT PAY UPFRONT FEES FOR COSTLY TELEPHONE CONSULTATIONS WITH SO CALLED "EXPERTS" THEY INVARIABLY ARE NOTHING OF THE SORT

BEWARE OF QUICK FIX DEBT SOLUTIONS, IF IT LOOKS LIKE IT IS TO GOOD TO BE TRUE IT INVARIABLY IS

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Thank you for finally posting the judgement BA, it is of huge benefit. The claimant in this case was clearly an idiot. It's clear from his name that he perhaps grew up in a culture where 'officialdom' is not respected or is open to abuse. That is not intended as a sweeping statement on all things African but it is a possibility.

 

.

 

 

I never believe that in this day and age I will hear such racist and bigoted views.

 

You have judged someone from his name! How narrow-minded can you be?!!

 

I guess you feel the same way towards Chuka Umunna

 

For your information, he was born and bred here!

 

You, and the likes of you will judge him and stereotype him on his name alone.

 

For your information, but I guess you are so narrow minded to know;

 

Africans have deep respect for authorities.

 

We have traditional institutions that we hold in high esteem.

 

We transfer that training and upbringing to all constituted authorities.

 

But I guess you are such a sad racist to know that.

 

My greatest disappointment is with the Consumer Action Group for allowing this

 

A big shame on you!!!

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Dear Consumer Action Group,

 

The posting I complained of was grossly racist!

 

I believe that it breached the Law ie "sending by means of a public electronic communications network a message or other matter that is grossly offensive".

 

I think that is s127 of the Communications Act 2003.

 

A reasonable person would be appalled by such message

 

Your responsibility was to report the post to the Police who would make the decision of persecuting provided it is in the public interest to do so.

 

I noticed that you have deleted the post.

 

Please, could you restore the post and report it to the police.

 

You shouldn't be destroying evidence of an alleged crime.

 

I would greatly appreciate it if you do the above and inform me.

 

That would reassure me that your organisation is not complicit in racism

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