Jump to content


  • Tweets

  • Posts

    • we get where you are coming from, you are entitled to the refund, you were returning off peak....but, revenue protection would not be there to screen travellers during off peak times as its utterly pointless in most scenarios.   why screen off peak travellers in off peak time? they are not losing any peak time ticket revenue?? pointless.   unless they see from data that a pertis machine has had unusually high usage that morning I cant see the point.   I don't think this issue is as widespread as you perceive , looking at available data there less than 100 pertis machines left across the whole uk...        
    • hi   Thank you for your reply.   nice link . thank you very much.   I know I will get my refund. it has been offered. I have been told I am right about the situation. It does seem like this is in debate but this was clarified a long time ago.   Do you think I would be wasting my time to try and stop it happening to others?   I just would not want this happing to anyone else.   Thank you again                
    • Just ask for the refund you appear to be entitled to.  They'll either pay it or they'll explain to you why they won't.  Forget everything else.   Or you could try here:  https://www.railforums.co.uk/forums/disputes-prosecutions.152/
    • you stated :   "I would expect revenue officers are quite aware of the time of day they are manning barriers. i'd also go as far as to say they don't bother to do this in off peak times... as there would be little point, no loss of revenue to protect".     They were there when I should have had an off peak option, they did not give it me!! I asked for the lower fare. they refused!! And threatened a fine!! ( i did not know the jargon , that is true)  but "lower fare option "  should be o.k for them to understand.   When I say, to the effect, that there was a lower fare option listed on your computer before I left the station  Please can I have that as this higher fare seems far too much. Is there another option?   No.   I had full fare or a hefty fine options only.   you stated:   "your intended return was off-peak, but you didn't tell them.."   I asked for the lower fare, they refused. repeatedly. They had the option to charge the low fare but absolutely refused and threaten a fine.   I do not have to know any jargon.  I just said it was too much and there was a lower option before i departed and  why can't I have that? They said no and that I had to pay the high fare.   Which is untrue. They should have said that was o.k and gave any restrictions on the ticket!   you stated "this thread is getting boring and repetitive. "   You could help me and the many others  who may read this) who would like advice and offer suggestions of things to ask or mention with the complaint.   What would you say? How can I stop this from happening to others?   I have been told I was right by the staff at the station. So I know I am in the right.   Please can you be a bit more friendly and helpful?  Come on, lets try and do some good here.   I was hoping people might suggest some ideas.   Perhaps we can move onto the questions I should ask or things I should state regards my complaint. with time running out?  If not for me,  for other travellers, who will be going through this same ordeal if we do not help them.   kind regards.          
    • yes because 1000's of people believe a DCA is a bailiff and they are not and that penalty charges are lawful, they are not, so blindly cough up...   worth a few letters / free emails to try it on pays for the staff drinks down the pub that night with free money.   dx  
  • Our picks

parkingbill2018

NPM PCN claimform - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton

Recommended Posts

DX is correct for sure.  Less is more at this stage, too much and your options are limited when it comes to the actual WS.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

All is advice given mostly by the site team throughout this thread,

so having this consolidated in one place instead of trolling through 195 posts to me is not a waste of time and I am sure the contributors, some which were from yourself, might be offended that their advice is being called a waste of time, unless it is not good advice.

 

I did say this is not all for the initial defence and the witness statement that follow I consider to be part of the later defence.

Not all PCN's are the same.

 

Most are for car parks and not unadopted/private roads and this is why I started this thread.   

Share this post


Link to post
Share on other sites

didnt say what anyone had written was a waste of time....

you doing that at this stage was.

 

but as you correctly pointed out ...as did I..

it is useful for your witness statement [if the claim gets that far]

 

a witness statement is not 'a later defence'

 


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

I thought a Witness statement was evidence as part of your defence of the claim.

 

I think these guys will go all the way, even if they decide to not turn up in court.

I think this has become personal and they want to cause me as much stress and inconvenience as possible!

Share this post


Link to post
Share on other sites

no a witness statement is expanding upon points made in your defence 

the WS lets you provide the facts as a witness in the case.

it is not a defence.

you have already filed your defence, all be it very purposefully extremely sparse.

 

regardless to this is slightly different as its an unadopted road to other cases, it still relies on the basic same facts as most other witness statement here

have they the authority to issue tickets etc etc.

 

sadly and I hope you take this the right way

but you have been spending far too much time championing the cause of other parkers here rather than concentrating on getting YOUR case sorted then using your win to your advantage for others. 

 


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

Not sure what you mean by time spent championing the cause of other parkers.

 

What other parkers

. I only recall two others coming onto this thread who have received PCN's for parking in this road and I may have posted a handful of replies.

 

What my Father has done for the advantage of Tesco's and their shoppers is getting the NPM contract suspended/cancelled without me winning my case and no effort on my part!

 

If I do lose my case, NPM have already lost a lot more money than I will in lost income from this location, so that in itself is a great victory not to be dismissed or ridiculed!

 

 If they had dropped this claim when I first disputed it my family and I would have gone away quietly and they would still be making loads of money in this road. They can expect worse to come if they continue with this stupidity!

Share this post


Link to post
Share on other sites

Don't let your mission against NPM become a phyrric victory by letting them win in court, it sort of undos your father's  success in getting them gone from the site.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

Share this post


Link to post
Share on other sites

I don't intend to let them win after what they have put my family and I through over the past 15 months, but at the end of the day it can be the luck of the draw on what Judge you get on the day and I wouldn't be surprised if they had a Solicitor represent them, even though they are not claiming any legal costs. So if the worst does happen in court, the fight will not have been completely lost! And of course Sir Greg Knoght's new act will hopefully be another thorn in their side in the future and hopefully put companies like them out of business!

Share this post


Link to post
Share on other sites
Posted (edited)

The only time I've ever been in civil court in England was when I was a naive early-20-something-year-old, and the other party had a solicitor.  I was bricking it.

 

I won.

 

That was because I had prepared to the best of my (limited) abilities, and the other party had lied to their solicitor.  

 

Having a solicitor is no guarantee of success.  If their case is pants, it's pants, a solicitor can't magically change that (and the solicitor gets their £££ anyway).   

 

 

Edited by FTMDave

Share this post


Link to post
Share on other sites

Never been to the Small Claims court before. My Dad has been twice. Both garages. One sales, the other servicing. He won one, lost one. A third claim he made against another garage was settled through mediation.

 

I have read that some of the Parking Solicitors are as stupid as the parking companies themselves!

Share this post


Link to post
Share on other sites

You can't polish a turd! The best barrister in the land would struggle to win this claim ... if the correct arguments are used in defence.

 

Don't over think it.

  • Like 1

Share this post


Link to post
Share on other sites

Could still can get a dodgy Judge who could ruin it all and I have read of such cases! Luckily not often. 

Share this post


Link to post
Share on other sites

Dodgy judges and dodgy defences often come hand in hand. Just make sure you understand the relevant arguments in defence and present them properly in your witness statement later. If you don't, you will very likely get one of those dodgy judges!

 

You're only at the defence stage, so you'll have plenty of time to keep reading up and getting the key points clearer in your mind. It's really very straight forward, and you'll hopefully end up enjoying the thought of a potential visit to the court. They'll likely give up the ghost if you put a strong WS together anyway.

Share this post


Link to post
Share on other sites
Posted (edited)

They still went to court when the other defendant had a similar defence and good Witness Statements etc. and the case ended up being dismissed. NPM represented themselves in this case, although for the LBC used Gladstones. At the end of the day they haven't got much to loose using a Small Claims track if they represent themselves, so they will think it's worth taking the risk. 

Edited by parkingbill2018

Share this post


Link to post
Share on other sites

You do need to approach it on the expectation that it will end up in front of a judge. I'd much rather be in your position than theirs, that's for sure. It's all very predictable what they'll bring in support of their case anyway.

Share this post


Link to post
Share on other sites

I think I have made it clear that this is my expectation.

It is others on here that think they will bottle it.

 

I have given my reasons why I know they won't.

This seems to be a fight to the death for them.

 

It is s joke that they state on their website

 

"We pride ourselves in our fair and just approach to parking enforcement". I have seen how dishonest this company can be when they replied to our MP's complaint, so I expect them to play dirty in court too. This company are a prime example of why the Private Parking industry has such a bad reputation and the regulstors, especially the IPC, let them get away with it for obvious reasons! 

Share this post


Link to post
Share on other sites

Tonight feeling very comfident of winning this case if it goes to court. Cannot say why.

Share this post


Link to post
Share on other sites

I hope you do win it with the help of the guys here. Make sure you do your homework and are prepared and don't get over confident and you should be fine. :)

 

HB


Illegitimi non carborundum

 

 

 

Share this post


Link to post
Share on other sites

You're confident because you have put a hell of a lot of work into understanding the law and how to beat these fleecers.

Share this post


Link to post
Share on other sites

My Father has been very supportive.

If it wasn't for him I would have thrown in the towel a long time ago.

 

There certainly have been times when I wished I had just paid the original £60 charge. 

In fact to encourage me to go all the way with this my Father has pledged to pay any court costs if we loose the case!

 

It is a matter of principle that we win this.

If we don't then we will have lost faith in the British justice system. 

Share this post


Link to post
Share on other sites

oh you'll win this ok.

if you do your WS correctly you'll get costs too.

 

do you work?

if so then the prospect of £90 is there too as well as your LiP costs at £19phrs.

 

all the way back to post 2 is your main defence reason.

along with the other 2 or 3 reasons in most pcn claimform threads here already.

 

 

 

 


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

Sadly the other woman who recently won her case did not claim any expenses.

She was just glad the case was dismissed and wanted to get out of court.

I'm sure she could have asked for substantial costs as the first hearing had to be adjourned because the Claimant wasn't prepared, but the defendant was.

Can you believe it?

 

Then she had to have a second day off work for the second and final hearing, where the case was dismissed.

 

Yes I am working and I would need to book leave to attend court.

What are LiP costs?

Loss in Pay and what is the £90?

Share this post


Link to post
Share on other sites

Litigant in Person

Share this post


Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now

  • Recently Browsing   0 Caggers

    No registered users viewing this page.


  • Have we helped you ...?


×
×
  • Create New...