Jump to content


  • Tweets

  • Posts

    • Better version attached with the late appeal explained more clearly for the judge. This will sound silly, but I think it would be a good idea to e-mail it to the court and UKPC on Sunday.  It's probably me being daft, but Sunday is still March, and as it's late, sending it in March rather than April will make it sound like it was less late than it really is.  if you get my drift. You can still pop in a paper version on Tuesday if you want. E-mail address for the court: [email protected] And for UKPC: [email protected]   [email protected] Defendant WS.pdf
    • Update 15th March the eviction notice period expired, and I paid my next month rent along with sending them the message discussed above. After a short while they just emailed me back this dry phrase "Thank you for your email." In two weeks' time I'm gonna need to pay the rent again, and I have such a feeling that shortly after that date the contracts will be exchanged and all the payments will be made.  Now my main concern is, if possible, not to end up paying rent after I move out.  
    • they cant 'take away' anything, what ever makes you believe that?  dx  
    • The text on the N1SDT Claim Form 1.The claim is for breaching the terms and conditions set on private land. 2. The defendant's vehicle, NumberPlate, was identified in the Leeds Bradford Airport Roadways on the 28/07/2023 in breach of the advertised terms and conditions; namely Stopping in a zone where stopping is prohibited 3.At all material times the Defendant was the registered keeper and/or driver. 4. The terms and conditions upon  entering private land were clearly displayed at the entrance and in prominent locations 5. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. 6.The signs specifically detail the terms and conditions and the consequences of failure to comply,  namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. 7.The claimant seeks the recovery of the parking charge notice, contractual costs and interest.   This is what I am thinking of for the wording of my defence The Defendant contends that the particulars of claim are vague and are generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR r 16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. Paragraph 1 is denied. It is denied that the Defendant ever entered into a contract to breach any terms and conditions of the stated private land. 2. Paragraph 2 and 4 are denied. As held by the Upper Tax Tribunal in Vehicle Control Services Limited v HMRC [2012] UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was only contracted to provide car park management services and is not capable of entering into a contract with the Defendant on its own account, as the car park is owned by and the terms of entry set by the landowner. 3. It is admitted that Defendant is the recorded keeper of the vehicle. 4.  Paragraph 6 is denied the claimant has yet to evidence that their contract with the landowner supersedes  Leeds Bradford airport byelaws. Further it is denied that the Claimant’s signage is capable of creating a legally binding contract. 5. Paragraph 7 is denied, there are no contractual costs and interest cannot be accrued on a speculative charge.   I'm not sure whether point 4 is correct as I think this side road is not covered by byelaws? Any other suggestions/corrections would be appreciated.
    • Dear EVRi parcelnet LTD t/a evri   evri parcelnet isnt a thing also you say defendant's response which is a bit of a weird format.   Something like   Dear EVRi, Claim no xxxx In your defence you said you could not access tracking. Please see attached receipt and label Regards
  • Recommended Topics

  • Our picks

    • If you are buying a used car – you need to read this survival guide.
      • 1 reply
    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

      Car was dirty and test drive was two circuits of roundabout on entry to the showroom.  Was p/x my car and rushed by sales exec and a manager into buying the mini and a 3yr warranty that night, sale all wrapped up by 10pm.  They strongly advised me taking warranty out on car that age (2017) and confirmed it was honoured at over 500 UK registered garages.

      The next day, 18/1/24 noticed amber engine warning light on dashboard , immediately phoned BMW aftercare team to ask for it to be investigated asap at nearest garage to me. After 15 mins on hold was told only their 5 service centres across the UK can deal with car issues with earliest date for inspection in March ! Said I’m not happy with that given what sales team advised or driving car. Told an amber warning light only advisory so to drive with caution and call back when light goes red.

      I’m not happy to do this, drive the car or with the after care experience (a sign of further stresses to come) so want a refund and to return the car asap.

      Please can you advise what I need to do today to get this done. 
       

      Many thanks 
      • 81 replies
    • Housing Association property flooding. https://www.consumeractiongroup.co.uk/topic/438641-housing-association-property-flooding/&do=findComment&comment=5124299
      • 160 replies
    • 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.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      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
        • Like
  • Recommended Topics

AS PARKING windscreen PCN - Fallen ticket - Rivere Towans Car Park (Hayle, Cornwall)


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 2006 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

Invoiced by A S Parking at Hayle beach.

 

It is coming up to 21 days ( argh missed the 14 day early window).

 

Terrible weather and annoyingly had checked and flipped the ticket once but then someone must have shut a different door and it flipped again.

 

Company clearly state they don't care about any mitigating circumstances.

Very steep charge £100 (£60 if id paid early).

Is there anything i can do?

 

They haven't written to the reg keeper yet (which is also me) would i get another discounted period then?

 

The only ticketing error/issue i can see is that the printing of the car park name is virtually non existent on the original ticket that i paid for.

 

looking for light at the end of the tunnel, thanks

Edited by dx100uk
spacing
Link to post
Share on other sites

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

I wouldn't worry about reductions in price.

You paid the ticket so they have lost nothing so you owe nothing.

 

That is the way everybody including the Court see it-everybody except the crooks that run dodgy car park systems.

 

Once you have filled out the questions above -post 2-and we see the parking notices you receive we will give you the best advice to avoid paying them a penny.

 

So just sit tight, ignore all the rubbish and threats they send and do not respond to them until you have all your ducks in a row then hit them one time with both barrels

 

if they have any sense they will slope off and leave you alone.

They are in a no win- situation they just don't know yet but keep them stewing for now..

Link to post
Share on other sites

Thank you

 

1 The date of infringement? 17/06/18

 

2 Have you yet appealed to the parking company yet? [Y/N?] N

 

if you have then please post up whatever you sent and how you sent it and the date you sent it,

suitably redacted. [as a PDF- follow the upload guide

 

has there been a response?

please post it up as well, suitably redacted. [as a PDF- follow the upload guide]

 

If you haven't appealed yet - ,.........

 

have you received a Notice To Keeper? (NTK) [must be received by you between 29-56 days] N

what date is on it

Did the NTK provide photographic evidence?

 

3 Did the NTK mention Schedule 4 of the Protection of Freedoms Act 2012 (PoFA) [Y/N?]

 

4 If you appealed after receiving the NTK,

did the parking company give you any information regarding the further appeals process?

[it is well known that parking companies will reject any appeal whatever the circumstances]

 

5 Who is the parking company? A S Parking LTD

 

6. where exactly [Carpark name and town] did you park?

...Rivere Towans Car Park (Hayle, Cornwall)..................... ....

Link to post
Share on other sites

this was a windscreen PCN?

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

Link to post
Share on other sites

OK, that means that a Notice to Keeper (NtK) must arrive on your doormat, not before 16th July (they shouldn't even be asking the DVLA for the keeper details until this date) and not after 12th August.

 

Do absolutely nothing with this until that NtK arrives and we can see what's said on it. AS Porking are IPC members, so I expect they'll get at least 1 thing completely wrong :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

  • 4 weeks later...

The NTK has arrived within the correct times

Do not contact AS parking but please post

Up their NTK and see what mistakes they have

Made on that.

 

In addition could you check with the local Council

To see if they have obtained planning permission

To have their signs erected in the car park.

(It comes under the Town and Country Act

Advertisements).

 

Also we would like to see all the notices in the car

Park as well as the rules on the ticket machines

If there is one.

Most of their notices contradict each other

Which is good for you.

Link to post
Share on other sites

Now, they fail to say who the creditor is so not following the protocols of POFA to create ANY liability whatsoever.

However, being thick and taking rubbish advice from Will and John at the IPC wont stop them hiring the same Will and John at Gladstones to chase you but there is no hurry to respond to this letter.

 

Seeing the signage at the car park will help us, is it near to you?

Also pictures of all different signs and the ticket machine as well as the entrance to the car park from the publuic highway.

 

No sign visible on entry then how are you supposed to now you are being offered a contract to be there.

Only signs around the place are a bit like a contract saying do not read this notice or pay us £100.

Link to post
Share on other sites

PO box number and not a proper service address for legal submissions.

admin fee? not if you are trying to claim a keeper liability and anyways that would be charging a fee for not breaching the contract. We would all like to run abusiness where you can bill people who dont owe you anything but strangely enough it isnt lawful

Link to post
Share on other sites

The creditor is identified. A S Parking always offer a small admin fee for face down tickets when presented with a valid ticket.

 

I smell the blood of an AS Parking/Athens Security employee :spy:

 

 

Let's have a look at your only other post in the over 4 years that you've been a member.

 

Re: A S Parking (Athens Security Services Ltd) Perranporth Parking Charge Notice

What makes you think they use the legal model PEOL?

 

Hmmmm, somethings fishy :ranger:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

PO box number and not a proper service address for legal submissions.

admin fee? not if you are trying to claim a keeper liability and anyways that would be charging a fee for not breaching the contract. We would all like to run abusiness where you can bill people who dont owe you anything but strangely enough it isnt lawful

 

The courts disagree with you I’m afraid.

Link to post
Share on other sites

The courts disagree with you I’m afraid.

 

Perhaps you'd be able to furnish us with one single (properly defended) case, so no default judgements or cases where the wrong arguments were used, and a transcript would be nice, where the courts (and I don't mean the Muppets at the IPC "kangaroo court") have found in favour of AS Parking/Athens on that point. :|

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

I should also like you to quantify the statement "always offer a small admin fee......". As I cannot recall a single instance from this forum where do you get that from. If you wish to rely on a personal anecdote then that is ONE example and that is statistically insignificant.

 

On the other hand if your boss has told you to enter comment on these pages then I will accept your bosses word that they are likely to cancel unlawfully issued charges for a small unlawful fee. In NI and Scotland they could go to prison for that and that is why the POFA wasnt enacted there.

Link to post
Share on other sites

Feel free to ask on the closed Fb pages, plenty on their will share their losses no doubt.

 

So, that'll be a no then. Thought as much :thumb:

 

 

I've a good mind to drive down to Cornwall and park (badly) in as many of your car parks as I can find. I'll even forego any rights to an appeal. I'd like to see you (and those two other clowns at Gladrags) try to beat me in Court :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

OK wide-minded, let's be open an honest here for a moment, if that isn't too much to ask.

 

You work for AS Parking, Athens Security or a company associated with them. Maybe you're even Kevin or Louise. Am I correct?

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

Oh dear, they seem to have gone all shy. Perhaps they will come back with an answer in another 4 years :lol:

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

Link to post
Share on other sites

When I contributed to the rather parochial fb pages on private parking I dont recall any such accepted offers being shouted from the rooftops. Are there 2 closed groups with large numbers of members? I do recall a member offering such a service but that means they had the authority of AS to do so so agency if not employment.

BTW, that forun is OK if you want a nice POPLA appeal but no good for advice on court matters.

Link to post
Share on other sites

  • 3 weeks later...

Sorry to not respond for a while on my own thread.

 

I can't get back to the car park to take photos of the signs etc as it is quite a distance.

 

A little confused about what i need to do now, do i need to reply or just leave it. Were there any errors that make it unenforceable?

 

To be honest i would have been happy to pay a small fee/fine as the ticket was the wrong way up,

I just feel that as i had genuinely bought a ticket that the fine was extortionate.

All the things i have read say that there is definitely no option of that.

 

Thank you all for your responses.

Link to post
Share on other sites

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...