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    • The reason for the photos is to show you weren't displaying a permit.  They are supposed to check that the permit hadn't fallen off the dashboard. There is no point in appealing to PPM.  The very people who deliberately set up the site with rubbish signage to catch motorists out are highly unlikely to find against themselves. You've said several times that you think the company who you met with called PPM in so these are the people you need to contact in writing to request they call PPM off.  Until you do so we're going round in circles. If you don't want them to have your e-mail address simply set up a secondary e-address.  
    • Please see attached redacted judgment for further infoVWFS (UK) LTD - Salisbury CC - Judgment - 20240507 V Final _copy redacted.pdf
    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
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    • 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

PCN 01 - Parked in a restricted street during prescribed hours


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Hey guys,

I just received a parking notice,

the observation time is 10:19 to 10:27.

 

I went and saw the same cars which were parked right next to me, and they didn't receive a parking ticket, but I did?

I'm not sure how this has happened, it was a single yellow line, with no time restriction sign anywhere.

 

Please help.

Thank you in advance,

 

if there is more information required from please let me know

Cheers.

 

Hope you aren't having a bad day as myself.

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I looked around, and there was no signs, or lamp posts.

But I may have possibly missed one if there was one behind a van or something but as far as I am aware there wasn't any.

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Your link to the location takes me to the side of a road junction, and points straight at the lamppost with the yellow sign on.

 

 

Was this sign missing when you parked there? And what is the contravention code/description on the PCN?

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as goggleyes shows a plate take a picture of the same lamppost without the plate and you are home and dry. Now if there is another lamppost with the same restriction plate on the same stretch of single yellow then the restriction is valid even if the plate is 200 yds away

I see a plate outside 50 Luckington rd and one outside 78 so you need to check whether all 3 have disappeared.

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There was no sign there. I checked. And as for the description where would that be?

 

 

Where would what be? I don't know if you see what I see when I click the link, but it takes me to a photo which points almost exactly at the sign.

 

 

 

Ericsbrother says if if you take a picture of the same lamppost without the sign you are home and dry. That isn't quite the case - if you could prove there was no sign when the PCN was issued it would strengthen your case, but as mentioned, there could be another on the same stretch of line, further up. You would need to check.

 

 

Chances are, the Council has a relevant photo, so if you ask for a copy you can see what sign (if any) they think applies.

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I did point out that further signs were visible on the same stretch of line but some distance away and that they still count so OP should check. Sometimes they disappear due to vandalism and sometime because there is/was a change of the prescribed hours and they havent got round to putting up the new signs.

Based on the evidence of Go Ogle i would be either looking for a new Traffic Order or just pay up rather than use the OP's current argument

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