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    • Hello all, I would appreciate some advice regarding a recent incident with Rossendales.   Brief background is I bought my current house in 2016 from my mum who inherited it when my Gran died. When my Gran was alive, my sister sometimes stayed there and used her address for various things including driving licence, bank accounts, work documentation and credit. She hasn't lived there since I bought it. The story behind this debt is that apparently my sister parked at my Mum's house in Bury without a valid residential parking permit. She had contacted the council and they apparently had waived the fine before this visit.   In June, me and my girlfriend were woken up at 07:20 by loud knocking. At the door were two Rossendales enforcement agents asking for my sister. I told them she didn't live there asked what the matter was about and they said they couldn't tell me and I needed to show proof of residency which I refused to do without seeing any documents compelling me legally to do so. They proceeded to clamp my car.   I brought them the only evidence I had which was a V5 document. The car is on finance so technically, the finance company owns the car. In the subsequent audio recordings of the phone call, it emerges that they knew the car was on finance. They also asked if my car was a white Ford Fiesta (which is my sister's car) and asked if she was insured on it (she never has been and has never driven that car). I feel like they have attempted to blackmail me into giving them my sister's contact details when it was absolutely nothing to do with me. Admittedly, I probably reacted badly but being woken up before I normally get up by loud banging which terrified my girlfriend didn't give me a good start to my day. They refused to show me any ID or a court order, presumably because they didn't have one. I was told by their complaints handler that they use various methods of tracing people, including credit searches.   I have retrieved the video and audio of that day through DSAR. The video is here and audio recordings of phone calls are here.   They eventually took the clamp off after a couple of hours, citing the fact that the car was on finance. I didn't miss work because of it but I was several hours late.   Additionally, they missed the ICO guidelines for the DSAR and were two weeks submitting the video files.   Is there anything I can do regarding legal action here? I've complained to the leader of Bury Council who has dismissed it without looking at the evidence or listening to the audio.      
    • https://www.financial-ombudsman.org.uk/files/2868/issue117.pdf   Albeit from 2014, p.24 There the FOS insisted the creditor reset the default date to earlier (3 months after the payments stopped, but that was only because there was an agreement with the debtor to have a 3 months ‘payment holiday’)
    • In the first place it must have been over the phone. Could have been by email but cannot remember to tell the truth. I would have sent them an I&E so now I'm wondering if it was by email.I will take a look but might take a time scrolling mails from over 3 years ago 🧐
    • Dear Sir, no payment was made after May 2013, and potentially the last payment was even before this (your client could only examine their records back to May 2013 when they were contacted, and there was no payment showing)   Your client is not permitted to unreasonably delay issuing a default notice, and certainly not with the effect of later attempting to “get around” the statute bar. This will be drawn to the court’s attention should your client proceed with court action, as well as being reported to the FOS, so you may wish to highlight this to them and seek their further instruction.
    • Thanks Honeybee13. Here they are:   For PCN's received through the post [ANPR camera capture]   please answer the following questions.   1 Date of the infringement .     8 / 08 / 2019   2 Date on the NTK [this must have been received within 14 days from the 'offence' date] .    13 / 08 / 2019   3 Date received .  18 / 08 / 2019   4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?]   Not obviously but does a section of data processing for getting the detail of my car   5 Is there any photographic evidence of the event?  Yes   6 Have you appealed? [Y/N?] post up your appeal] .   Yes   Dear Sir / Madam,   I have just received my parking charge notice (PCN) for stopping at London Southend Airport on 8/8/2019. I understand that stopping on the road is forbidden. However, the reason I  stopped on the spot was to ask a traffic warden where I could park my car temporarily as I was going to pick up my family (it's my first time to London Southend Airport). The officer told me there was not a picking up place. He advised that I should park in short stay car park, which I did.   Considering the situation, could you revoke this PCN please?   Yours faithfully,   Have you had a response? [Y/N?] post it up .   Just automatic response saying a reply will be in 28 days   7 Who is the parking company?    Vehicle Control Services Limited   8. Where exactly [carpark name and town] . London Southend Airport, Essex SS2 6YF
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parkingbill2018

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

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as a LiP you can get £90 per day for being off work...or try too.

 

 


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this crowd will turn up to a local court but probably not bother with a case if the defenant lived in Aberdeen for example.

AS Parking are the same, they pitch up and tell outrageous lies in manchester but wont travel further afield but that doesnt stop them issuing claims and hoping to play the odds.

 

as said repeatedly, they win 85% of the cases because the defendant doesnt bother, either just pays up or ignores and so gets a default judgement. They dont win even 5% of the claims that are defended properly ( not some pensioner saying it isnt fair, that is not a defence) and thus have to take a commercial decision on whether to keep pushing their luck.

 

If your local court was Aberdeen then they would either have to spend about £100 on train fare plus hotel just to lose or pay a local solicitor to turn up and thus lose £50-100 in costs so that is why most of them bottle out, risk v reward. If they just dropped claims they knew were iffy they would never issue a ticket in the first place but they go through the charade to try and encourage others to pay up or the word will get around that there is no need to take any notice of them.

 

After the Beavis decision  the number of court cases quadrupled becasue they no longer automatically lost every claim where schedule of loss was mentioned. Barry Beavis would likely have won if he had used planning permission as an argument. ironic as the final decision actually changed the law rather than clarified it and the judges DARED parliament to challenge them!

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I live in Northampton and the Claimant are here too. If they represent themselves as they did the last time they had a case for this same location dismissed there will be no train fares. If they decide to use Gladstones Solicitors, and NPM stated they don't, but I know they have done in the past, they quote on their website the cost is £25 to 70 plus VAT. Don't know if that includes the return train fare from Cheshire.

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we know where you live and we know where they are which is why i say they will self represent as they save themselves £100 in costs when they lose.

gladstones dotn turn up ever, they just hire a local gun for hire and them brief them badly about a day before the hearing.

 

All your last post shows is that you havent read enought about all of this yet so stuff your mind full of other cases.  and makse sure that you are now prining off anything you find that is remotely usable. Go into court and ask about the previous hearings, claim number ( you have date from report) and so forth. You cna then bother the original defendant to see what EXACTLY their case was about, even small differences in the claim wording may make a difference and ask them what the judge actually said in summing up.  They may not have a great recollection but the gist of it is better than nothing.

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I have a large folder on my PC, backed up of course, with loads of information, including advice received on this forum and know everything about the case they lost. It was only only a couple of months ago so all still fresh in everyones memory, but all documented in this case takes a long to get to court. My knowledge is growing by the day so the longer it takes the better. If I had done my IAS appeal with what I know now, I might have even won that! 

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no-one has ever won an IAS appeal without the matter being published in a national newspaper beforehand and the IPC/IAS "invited" to comment publicly in print.

 

other cases are very important,

judges love precedent as it means when they make a decision it is less ikely to be challenged.

there are compelling and persuasive cases,

most of the court reports at County Court are persuasive but on rare occasions someone challenges them.

 

Read all about Brodrick v Gale and Ainslie Ltd, Swindon CC to see what happens when someone thinks they dont like presuasive cases and want to appeal.

 

your job is to use places like the Parking Prankster's blog to dig up as many of those cases and you use the reports as you find them in the blog rather than just saying mine is the same as Parksharks v Smith because no judge will have read that case and it is YOUR evidence you you have to show the content.

 

now transcripts are available for some notable cases but just the screen shot of the pranksters blog is evidential enough as long as it identifies the case, where it was and the general precis of how the decision was reached.

His court reports are usually written up by lay reps who have years of experience ( retired solicitors for example)

 

you can never have to much evidence, just keep the WS tidy so it can be read and the rest of the stuff referred to easily.

In court you will soon find yourself answering things in a completely different order to how it is written down so you need to be able to find the reference quickly

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Thanks.

This issue was reported in a local newspaper,

 

never got to a national one,

nothing changed afterwards,

until November 2018,

 

the Tesco landlord/site developer had one too many complaints and had to take action.

At the moment to IPC are doing a lot of tweeting saying how wonderful they are and how they are raising the bar.

 

A family member has been critically responding to some of their tweets and they didn't like this, so they have now blocked him!

One relevant tweet to this case, but he was blocked before he could comment it.

 

This read 

"Since its formation in 2012 the IPC has audited 6500 car par signs.

Car park signage can't be too clear in expressing contractual terms and conditions for parking on private land.

Unclear parking signage is unfair to the motorist".

 

Fully agree with that, but obviously something has gone wrong with the audits of NPM and in particular the signage in this location.

 

I am getting a nice portfolio of evidence for this case, which is growing by the day and I will reference as many relevant cases as possible.

 

I found a case on I think Parking Prankster that was quotes the case Parking Eye Vs Mr K. Swindon County Court (bad signage).

 

Would this be acceptable with just the name Mr K?

I did ask them for the surname, but got no response. 

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You ave already been told about how to present twice but  I will say it again. You refer to it in your WS exaclty like that and then use a screen dump of the article in your evidence bundle as document (whatever number you have given it) It doesnt matter if it says Mrs X, the case number, court and date are there so the judge can look it up and see the entire thing if they so wish. you are showing that there is meat on the bone of your argument.

If you get the same judge as the reported case then you say it is the same alleged cause for action and same place so you want that to be considerd as persuasive as well.

The parking co really shouldnt waste their time doing thsi but they have to look tough and be able to boast that they do take miscreant parkers to court to try and dissuade others fro telling them to jog on. they are nealry all small berr companies and desperately need your money to keep going so a decent costs order against them may well make them avoid court at all costs (pun intended)

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You missed the point/question I was asking. Would a Judge accept a Pranksters screen dump which does not have a surname, just Mr K and if there is only the court mentioned and no case number. If it doesn't, how is he to know he case is genuine from being on a website? There is a lot of rubbish on the internet (fake news) as well as good!

 

I have all the details of the previous case that was dismissed and yes hopefully I will get the same Judge and he will remember the previous case.

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yes

has done loads of times


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for the fifth time that is why you put Mrs K, case ref  court and date in your WS and the whole article as an evidential document.

If the judge thought you were trying to invent a case summary they would then look up the full hearing details on their system

 

half of the case law in the UK doesnt have a name for the appellant or defendant and in the case of family court matters never does have. It is the least important thing in the whole case, the law is what counts

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OK I will use Parking Eye v Mr K. Swindon County Court and hope the case on Prankster was not Fake news.  

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No it wasn't Fake News. EB is correct, you can use a screendump as evidence in your bundle, as you could use a photocopy of a Report.


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Good. Quoting a website called Parking PRANKster, with the slogan "putting fun back into parking" is hardly credible to those who are not in the know! Now Martin Lewis and MSE might be considered more credible, but sometimes I would trust PP more.

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Maybe you could trust us, parkingbill. Many users of CAG have won cases thanks to the help of EB and others.

 

HB


Illegitimi non carborundum

 

 

 

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There was no distrust. Just a question requiring an answer and I think I have justified why I asked it.  I eventually got an answer and also confirmation that the case I had used as an example was genuine. Now all understood and we can move on. Subject closed. 

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I received the N180 Directions Questionnaire, which I need to post by the weekend.

I am going to say no to mediation, because I have tried all that before and it failed.

 

The claimant has made it very clear that will only accept payment in full!

I will of course agree that the small claims track is appropriate and is to be heard in the local court to myself and the Claimant.

No to seek permission for using expert evidence.

 

I would like to have 1 other person giving evidence on my behalf at the hearing.

Someone who has been watching the operator closely for the last 16 months and has communicated with various people and organisations about them.

Would the court except 2 witnesses including myself?

 

I will give details a days I, and other witness cannot attend in the next 6 months and say no to a interpreter then sign.  

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What evidence will the second witness bring that will assist your defence?

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 I would like to have 1 other person giving evidence on my behalf at the hearing. Someone who has been watching the operator closely for the last 16 months and has communicated with various people and organisations about them. Would the court except 2 witnesses including myself? 

 

Not a witness to the case...no involvement so no and not an expert witness as expert witness are not compatible with parking claims.

 

Andy


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on PPC court claims you always say no to mediation

 

don't forget 3 copies

and don't leave your sig/email/phone on their copy.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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Single Premium PPI Q&A Read Here

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Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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14 hours ago, shamrocker said:

What evidence will the second witness bring that will assist your defence?

He has witnessed the parking company breaking various IPC codes of practice, spoken to the Tesco store Manager and head office at length about complaints/breaches of COP's related to them, he has taken photographic evidence  for me at the site, written complaints to Tesco, which lead to their contract being suspended/cancelled  and to our local MP and the IPC.

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12 hours ago, dx100uk said:

on PPC court claims you always say no to mediation

 

don't forget 3 copies

and don't leave your sig/email/phone on their copy.

 

dx

 

3 Copies. One to the court, one to the Claimant and one for myself, correct? And yes I was going to cover up my email address and phone numbers on the Claimants copy, but will do the signature too. After all they didn't even give a name on their Claim form! Can this be emailed or does it need to be sent by post?

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13 hours ago, Andyorch said:

 I would like to have 1 other person giving evidence on my behalf at the hearing. Someone who has been watching the operator closely for the last 16 months and has communicated with various people and organisations about them. Would the court except 2 witnesses including myself? 

 

Not a witness to the case...no involvement so no and not an expert witness as expert witness are not compatible with parking claims.

 

Andy

Please see my reply to Shamrocker and do you still have the same opinion? 

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