Jump to content


  • Tweets

  • Posts

    • you need to realise that for every person that does come to CAG and register and tell their story...there are poss 10'000 that don't but search the interweb whereby threads that are here pop up relating to like issues they are searching upon.   Most CAG siteteam and many other registered Caggers give advice that bears this in mind and post information which not only informs the starter of a thread upon what to do, but also takes into consideration the readers from the interweb that also read the relevant advice given that might not be brave enough to register and fess up.   to that end, there is very little alternative than to appear to give 'grief' [you deserve it - tough] to a cagger should certain previous advice not have been followed.....yours is a very classic case of such. hey I've found a backdoor CCJ.   to put it bluntly, had you have followed such previous advice, you most certainly would not be in the situation you are in here now.. .so by example, not giving you grief, for future readers...………..   ...never ever move without informing a debt owner of a move of address on any consumer debt that you last used or paid within the last say 7yrs. your credit file is a major key to ascertaining that information.... .but don't just read this advice come to the consumeractiongroup.co.uk website and let us help.   lecture over... what can you do..or more importantly....what can a claimant do now they have a default forthwith judgement against you. well we can't guess.... they might simply ignore it as 1000's of people with CCJ's find out..but it becomes an issue should you wish to say get a mortgage, remortgage or further credit.   i'm not going to enter into any of that here...that's for the reader to start a thread here and seek advice on their individual situation specific to them as you have done....   so...  bearing the all of the above in mind...over to you with regard to this backdoor CCJ.   as for the other debts that you didn't action before...go read your old thread and action what appropriate advice is given there for each type of debt that has been given should you wish to avoid any further backdoor CCJ's.   dx                    
    • hello my very good helpful friend. I am afraid to say that i did not. As i did not realise the relevance of it.   Should i be doing this right now of anyone on my credit file ?   Plz don't give me grief if u have already advised me...   do i do the ccs request now to everybody in that thread ?    
    • aha busted and stupid ...no wonder you've got mixed information here. never trust anything they say ..they have a very bad reputation for stating the truth.   now can you go get your credit file please..   there are cases whereby a council on historic CTAX debts do go for a county court CCJ, but a liability order from a magistrates court has far more clout legally than a county court CCJ and i've never heard of a court sending a bailiff out for 'multiple' CCJ collection.   me thinks he is pulling the wool here a bit and has looked at your credit file and seen CCJ's too so thought he'd chance his arm and use those as further leverage.   don't worry about the sat visit simply ignore do not answer the door if he appears. your task is too gather data at present.   credit file please..        
    • Hi there, the company name on the bit of paper is:   Bristow & Sutor   Says the total amount £990.49 and this includes £235 enforement stage fees,  The CTAX was owed to North Tyneside Council. The guy also said that it wasn't just for CTAX. Other debts were combined.   I did leave other debts behind too when I moved. Perhaps a utility bill, credit card debts and a Provi doorstep loan.   I think the guy said that he would be back Saturday too. This is what I'm trying to avoid multiple visits. Don't want my mam to get upset.   Thanks for the help.   Bear
  • Our picks

crob

Your views on new parking sign please

style="text-align:center;"> Please note that this topic has not had any new posts for the last 547 days.

If you are trying to post a different story then you should start your own new thread. Posting on this thread is likely to mean that you won't get the help and advice that you need.

If you are trying to post information which is relevant to the story in this thread then please flag it up to the site team and they will allow you to post.

Thank you

Recommended Posts

Hi Everyone

Im new to the forum so firstly I would like to say Hello.

 

I have attached a photo of a car park sign next to our yard.

 

This is a company that allowed us to park in their car park and has since gone into liquidation.

 

The director who is managing the liquidation has erected the attached sign.

 

The problem is we currently have no alternative to park.

 

Is there any issues with the attached sign?

flash signs.pdf

Share this post


Link to post
Share on other sites

Hello and welcome to CAG.

 

 

You need to start a new thread [click on the words for more information] of your own please. This one is for advising BB.

 

 

Best, HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites
well, it isnt a contract to park but you have a much bigger problem and that is one of permissions. The director is effectively the landlord so if he says you cant park than that is that. Better find somewhere else or risk getting an injunction for parking there and that will cost you thousands and may get you sent to prison for contempt of court. believe me, if it were my land I may well go down that route if someone continually parked after permissionwas withdrawn

 

sorry, but I think this is pretty well totally wrong. On the other hand if you'd like to explain it a bit more clearly then maybe I will understand your point a bit better


Share this post


Link to post
Share on other sites

Check they have planning permission from the council and a signed contract with the land owner


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 

 

Share this post


Link to post
Share on other sites
Check they have planning permission from the council and a signed contract with the land owner

 

If the sign is less than 0.3²M they won't need planning permission (unfortunately) and they usually measure them quite carefully so that they get away with it, and as for a contract with the land owner, Flashpark seem to be more of a self ticketing operation so that might be a bit of a dead end as well. Worth a shot though.

 

Whoever has got them involved might not have the land owners permission, which would include the owners permission to drill holes in their wall to mount & then erect the signs.

 

 

The only other thing that I can see that is obvious on (or rather, not on) the sign, is that there is no AOS Logo.

 

Flashpark are BPA members, and not displaying the BPA AOS Logo is a breach of the CoP for AOS members at Section 2.7 unless they have a legitimate exemption, and I can't imagine that they do. And directing people to look at a website to see which "professional" (insert wry smile) body they are members of is definitely not on.


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

Share this post


Link to post
Share on other sites

Simple,

the company ALLOWED an action and now the liquidator of the company has disallowed it.

That menas every time you park there you are trespassing.

 

The signage is neither here nor there as far as permissions go,

VCS cant do anything but the landlord has mad it clear that things have changed (unless you have express permission to continue to park there) so by continuing to park there you are risking legal action against you for that trespass.

 

All this has nothing to do with VCS, they can be ignored until the cows come home but if the director of the co feels like taking action then there is nothing you can do. As said, he may sue for damages for trespass or seek an injunction to stop you from trespassing and that can result in being punished not only financially but by being jailed for contempt of court if you breach that injunction.

 

A friend of mine owns a property on an island in the Thames and the next door neighbours used to access their property via his and he allowed this.

When they moved out they rented the place out and the tenants continued to access the property over my friends plot.

 

He decided that he no longer would allow this and told them to desist.

They didnt.

He took out an injunction and they ignored.

 

The person who owned the house was ordered back to court (from Australia) and told to pay costs and damages of £19k for their tenants trespass and told to make them stop or face jail for contempt of court on the next breach of the injunction.

 

As there was no other way of easily accessing the property ( the owners had built an extension up to the boundary) the tenants were forced out anyway or they would also be in contempt of court as part of the injunction.

 

So, what to do in your situation?

you or your company needs to speak nicely to the director and get permission to carry on using the land.

If he says no them you obey that refusal.

 

The argument that you cant park elsehwere just isnt true, no-one has forced you to drive all the way there and dump your problems on someone else

Share this post


Link to post
Share on other sites

Erm are you sure that is right EB? On the BPA list of members, they have VCS trading as Flashpark Ltd.. So if an unauthorised car parks there, how is it different from other private car parking situations -it is still trespass? It would appear it is our old friends VCS involved rather than the liquidator.

 

I agree that the best solution would be your advice to contact the landlord or their agents [as advised also on their notice] since the liquidators may want to charge to park there to help with the recovery of monies owed by the debtor, though how they expect to recoup much money when VCS have their nose in the same trough is open to question.

Share this post


Link to post
Share on other sites

read things carefully,

I said that VCS can be ignored but the landowner may very well take action that will be very very severe.

If it were my land I would and that will cost you an absolute fortune.

They can also clamp and tow your cars but just cant charge you to release them.

Share this post


Link to post
Share on other sites

Pretty sure they cant clamp or tow your cars!

Also you have a very poor attitude :)

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites

Eerrr no you cant. You would be arrested for interfering with a motor vehicle. You cant even make the threat of clamping anymore by word or sign.

Only the DVLA and enforcement agents are allows to clamp.

 

http://www.legislation.gov.uk/ukpga/1981/47/section/9

Edited by dx100uk
quote

Share this post


Link to post
Share on other sites

Poor attitude?

What you mean is you dont like the answer you get and that is not the same.

 

I am trying to get you to see things from a different perspective to the one you have at the moment which is

" I have to trespass because I cant park my car anywhere else".

That just doesnt wash.

 

have you considered the rest of my opinions regarding the validity of the signage and what would be a sensible course of action?

have you bothered to ask the landowner whether the sign applies to what you thought was premission to park or have you considered that parking there is devaluing an asset of the company or that the liquidators have limited his ability to grant you permission so they have been persuaded by a bunch of cowboys that they have the answer.

 

Clamping is illegal where the intent is to prevent the lawful movement of a motor vehicle so the circumstance where it is legal is very limited indeed but why risk it. Same applies with barriers and locking of gates, they are not preventing the lawful movement unless you suddenly build a new gate overnight to catch a vehicle on land with the INTENT of preventing its lawful removal but doing the same in working hours is just normal business methods.

Towing is legal as long as the vehicle is not placed on a public highway and no charge is made.

 

So I would suggest yet again you start off by trying to persuade the landowner to be nice to you.

 

Pretty sure they cant clamp or tow your cars!

Also you have a very poor attitude :)

Share this post


Link to post
Share on other sites

No, I take on some of the points you have made but it is the way you present them.

 

 

There are many visitors to our industrial estate visiting many businesses and they often park in this carpark. The signs are not clear, they are displaying 2 signs for each carpark section (2 sections)

Each car park section has around 10-15 spaces

 

 

Of cause I have "bothered to ask" if we are able to park in these spaces. I do not believe the owner of the building to have an issue with it as it doesnt affect them in anyway and people have parked there for years. It is only the new jobworth they have just employed

Share this post


Link to post
Share on other sites

I can't comment on the sign but the practical reality seems to be that the company that previously occupied the site and allowed you to park there has gone into liquidation and the liquidators are now prohibiting parking and have contracted with Flashpark to enforce the prohibition. The liquidators are entitled to do that unless you had a formal contract with the company before it went into liquidation. I'm guessing you didn't, it was just an informal arrangement, and if you weren't paying anything it wouldn't have been a legally binding arrangement.

 

 

Your options would seem to be either find somewhere else to park or approach the liquidators and see if they will enter into a formal contract with you so that you can continue to park there. No doubt they will want you to pay, it'll no longer be free. And it will only be a short-term arrangement until the liquidation is completed and the site is sold.

 

 

Liquidators' legal duty is to get as much money out of the company as possible for the benefit of the creditors so they will be hard-nosed about charging you what they consider is the market rate for parking there. They aren't being difficult, it's just what liquidators are supposed to do.

Share this post


Link to post
Share on other sites

youi say you have bothered to ask but it is apparent from this post that you didnt get the answer you wanted and that is further enlightended by the fact you have a need to ask abut the signs, if you had the necessary permission they wouldnt apply and you wouldnt be posting here.

 

As said, of course you can carry on as you were, the signage isnt the limiting factor and we will help you with any battle you consequently ahve with the parking cowboys but beware that the consequences of continuing as you are may be very severe for reasons already given.

 

As for the way I present my point, I am not going to tell you that everything is OK when it isnt. The people posting on this forum are generally concerned with the avarice and dodgy tactics of parking companies and you should look at some of my suggested responses to them and their solicitors but occasionally we get asked for advice on problem parkers by landowners.

 

When they ask about employing a parking co we would warn aginst it and recommend they take other action instead that deals with the problem directly.

 

What we wont do however is tell people that they are in the right when clearly they are not.

 

If this was your employers land and they issued an edict about driving to work and parking on their land you would be out of a job the second time you ignored them. Your commute is not someone else's problem so you need to work out a plan B even if you do park where you have done in the short term

 

 

No, I take on some of the points you have made but it is the way you present them.

 

 

There are many visitors to our industrial estate visiting many businesses and they often park in this carpark. The signs are not clear, they are displaying 2 signs for each carpark section (2 sections)

Each car park section has around 10-15 spaces

 

 

Of cause I have "bothered to ask" if we are able to park in these spaces. I do not believe the owner of the building to have an issue with it as it doesnt affect them in anyway and people have parked there for years. It is only the new jobworth they have just employed

Edited by DragonFly1967
Added some spaces and paragraphs

Share this post


Link to post
Share on other sites

There is no privacy notice or anything as required by the GDPR and so so they cannot get details from the DVLA and if they do then straight simple misuse of personal data by both the landowner and dvla. Nice compensation claim against both

Share this post


Link to post
Share on other sites

That may apply or not, until it is tested we cant say for sure. A complaint to the ICO about the DVLA releasing the data without actual evidence of a reasonable cause to do so would be the first step. If then there is even a sniff of the ICO saying it is wrong then you go after them but until the ICO has made a determination none of the new lws mean anything as they are too vague in their wording

 

 

 

There is no privacy notice or anything as required by the GDPR and so so they cannot get details from the DVLA and if they do then straight simple misuse of personal data by both the landowner and dvla. Nice compensation claim against both

Share this post


Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...