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jonnymango

Gemini Parking PCN claimform - Olympic Park

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why all the blanked out stuff in the parking contract?

and no proof its paid this year either?

 


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all the cases they mention have zero relation to parking matters

 

use the custom google search after click our top squares logo

and type each cases name in and read.

 

else see the parking prankster site.


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the majority of their signs just say permit parking only and make no offer of a contract for random people to park.

You need to work out exactly where all these signs are located and the liklidood that the ones that mention paying to park and especially being charged £100 for doing it wrong actually are.

 

If you take council controlled on street parking as being the gold standard then this lot will need the correct sign at every place where public parking is permitted and where it is permit only then they cant and aren't offer you a contract to park in the first place.

 

Also you find out who actually owns the land as they have a contract with a management co who may or may not have the necessary chain of authority to enter into a contract with the parking bandits.

 

The judge may assume that such authority exists but by doing your homework and stating that the parking co has failed to show they have the necessary agency they cant offer you anything.

 

What about the planning aspect?

you need to bone up on that, the parking pranksters blog of dec 2017 called the great private car park approval [problem] and follow the link near the bottom of that article to a paper on the subject.

You will copy that into your evidence and use it

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Posted (edited)

Thank you both once again for the directions. I'll be back when I've done my homework!

 

When I had no response to my CPR request I started looking for any evidence of planning consent for any signage and found none. I'll continue to dig to make sure I'm not missing anything.

Edited by jonnymango

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then you can state that they dont have it and thus are a bunch of criminals and you cnat enter into a compactthit is only created by criminality.

again you will need to look this up and ram it down the judges throat as it is often lied about by parking co's and misunderstood by the judiciary

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So I gather from the Parking Prankster Blog. My only concern is whether they have got wise and made sure all of their signage is less than 0.3sqm and so given deemed consent. Trip back there with a tape measure coming up.


That and the POFA errors in the NTK could be key - stating that "the overdue charge will increase to £160 in the first instance of further action"  implying potential further costs, where if I'm reading things right it should state the maximum costs they may seek to recover?

 

 

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then you havent read the 2007 ACT have you? the deemed consent only applies to certain classes of sign

also if they are that small then they fail the ATA size test and cant be good enough to offer a fair contract as they will be illegible from a moving vehicle etc.

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Posted (edited)

Apparently not.. off to find it now. Thank you!

 

Am I right re the NTK?

Edited by jonnymango

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Well there we go then..


They're not gov't related (1), identifying, warning or directional, relating to a business, religious, educational, cultural etc institution, hotel, pub, etc (2), temporary (3), illuminated (4) or otherwise(5) on business premises or forecourt (6) thereof. They're not flags (7), not on hoardings (8) or highway structures (9). They're not for Neighbourhood Watch(10) or directing peopple to a residential development (11). They're not inside(12), and they've certainly not been there for ten years (13). No consent has expired(14), they're not on balloons (15) or telephone kiosks(16)

 

So unless they have applied for planning they are there illegally, so copied from elsewhere..

It's a criminal offence to breach the legislation. 

Town and Country Planning (Control of Advertisements)(England) Regulations 2007 (as amended). Regulation 30 makes it a criminal offence to display advertisements without the relevant consent.

If there was a contract between the PPC and the driver, it was illegal at its formation because it was incapable of being created without an illegal act (the erection of the un-consented signs which the PPC relies on as having made a contractual offer). 

Where a contract is illegal when formed, neither party will acquire rights under it, regardless of whether or not there was an intention to break the law; the contract will be void and treated as if it had never been entered into. As such, the asserted contract cannot be enforced

This allows Defendants to run a defence of Ex dolomalo non oritur actio

 

Also  that Gemini are operating with disregard to the AOS CoPs and therefore not entitled to obtain keeper details from the DVLA under the DVLA's own terms. Ergo they have no right to to obtain my details either.

 

Am I getting warmer?

 

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Yep, that means you can sue them for obtaining and PROCESSING your keeper details unlawfully but it would be wise to do this as a separate action.

 When you submit your WS you could send them a letter before action demanding £250 in this regard just so they know that it is a 2 way street. Thjey will of course deny that they are in the wrog but then they will have to persuade a judge twice

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