Jump to content


  • Tweets

  • Posts

    • FE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdfFE499A8C-69E2-4D9A-9F00-8F3B570A546F.pdf Hi , I attached letters as described 
    • FSO is orchestra..FOS. erudio wont go anywhere near a court with this. your main issue is you keep poking the bear..and using the phone. they cant enforce them and they cant refuse back dated deferment.   get our copy of the old blank SLC deferment form from the home page of this SLC forum. filling out copies for the years you could/did not defer   send them off to erudio with a covering letter that you will not be entering into any further discussions over the issues   let 'em sweat.   as for admission, well you've got to do that anyway.
    • There's plenty information in the links I have provided which would suggest so...a deed must be witnessed ..not necessarily independent..but without three signatures its validity must be questioned.   See what your Solicitor thinks.
    • It seems there are a number of issues here. The first is that the matter was heard in your absence even though you informed the court that you would not be able to attend the hearing. It is most unusual for a court not to allow an adjournment for a minor motoring matter when the defendant has asked for one and has a good reason for asking.   Unfortunately, pleading guilty to speeding was the worst thing you could have done. They have no evidence that you were driving (that comes from you providing your details). When I asked you earlier whether you intended to ask for the usual “deal” (to drop the FtF charge in exchange for pleading guilty to speeding) I assumed you knew that you must maintain Not Guilty pleas to both matters until the deal was agreed. What I don’t understand is why you have not been convicted of speeding in view of that plea (and, as mentioned, how you didn’t land up with nine points).   The fine and costs seem to have been based on the default weekly income of £440 per week (the fine is 1.5 times weekly income). So, unless the income you stated was coincidentally £440 pw, it seems the statement of income you provided has not been used.   This is a mess, some of it down to you and some, it seems possibly down to the court. An appeal to the Crown Court is not advisable. You have not mentioned why you failed to provide the driver’s details but without you being there to offer a defence (and it’s a difficult charge to defend anyway) you were probably properly convicted of that. You were also lucky not to have been convicted of speeding. If you appeal against conviction to the Crown Court it will almost certainly fail and you may end up with a speeding conviction plus the Crown Court costs (which may be around £1k) into the bargain.   I believe your avenue of approach should be to the Clerk to the Justices of the area where the court is (details are available online from HMRC website). You should asked for the matter to be reopened under Section 142 of the Magistrates’ Court act. Paragraph 1 of that section says this:     Power of magistrates’ court to re-open cases to rectify mistakes etc. (1)    A magistrates’ court may vary or rescind a sentence or other order imposed or made by it when dealing with an offender if it appears to the court to be in the interests of justice to do so; and it is hereby declared that this power extends to replacing a sentence or order which for any reason appears to be invalid by another which the court has power to impose or make.   You should make your request on the grounds that you were refused the adjournment you requested, were not informed of that refusal, and therefore had no opportunity to attend your hearing. I would attach a copy of your original request. You were therefore not able to properly state your case. You can also state that you were not fined in accordance with your means (though be a bit careful with that if your income is significantly above £440 pw).   The issue really is that, faced with being unable to attend the hearing and learning only a short time beforehand that your adjournment had not been granted you were panicked into action that you had not properly considered (i.e. pleading guilty to speeding). I would not, however, put it like that (because that is what you intend to do anyway if you get a fresh hearing and are able to do a “deal”). The deal with the prosecution is conducted routinely every day and will be well known to the Clerk to the Justices, the prosecutor and the Magistrates. But you need to secure a fresh hearing, have the original conviction set aside, and start anew. A request under S142 is the only way to achieve that so I hope you succeed. You may want to seek legal advice to help you with the above. Alas to get representation in court will almost certainly cost you more than you might save but bear in mind you now have an endorsement code MS90 on your licence. Insurers absolutely hate that (because they wonder what you might have done that you didn't want to accept you were driving) and it will increase your premiums for up to five years (might be worth getting a couple of dummy quotes to see the effect).   I don't think I can help much further but if so le me know.  
    • Thanks for the response Andy.   That is correct, there is no third signature, the blanked out sections are my own name and signature. The deed was only signed by my self and the bank manager that dealt with me, so only 2 signatures.    Would you assume the deed is invalid?
  • Our picks

    • Future Comms is a Big Con. How to get out of it. Read more at https://www.consumeractiongroup.co.uk/topic/417058-future-comms-is-a-big-con-how-to-get-out-of-it/
        • Like
      • 4 replies
    • Future Comms issues. Read more at https://www.consumeractiongroup.co.uk/topic/416504-future-comms-issues/
      • 5 replies
    • This is a bit of a lengthy one but I’ll summerise best as possible.
       
      THIS IS HOW THE PHONECALL WENT 
       
      I was contacted by future comms by phone, they stated that they could beat any phone contract I have , (I am a limited company but just myself that needs a business phone and I am the only worker) 
      I told future comms my deal, £110 per month with a phone and a virtual landline, they confirmed that they could beat that, £90 per month with a phone , virtual landline  they also confirmed they would pay Vodafone (previous provider) the termination fee. As I am in business, naturally I was open to making a deal. So we proceeded. 
      Future comms then revealed that the contract would be with PLAN.COM and the airtime would be provided by 02, I instantly told them that this would break the deal as I have poor 02 signal in the house where I live as my partner is on 02 and constantly complaining about bad signal
      the salesman assured me he would send a signal booster box out with the phone so I would have perfect signal.
      so far so good.....
      i then explained this is the only mobile phone I use for business and pleasure, so therefore I didn’t want any disconnection time in the slightest between the switchover from Vodafone to 02
      the salesman then confirmed that the existing phone would only be disconnected once the new phone was switched on.
      so far so good....
      • 14 replies
    • A shocking story of domestic and economic abuse compounded by @BarclaysUKHelp ‏ bank complicity – coming soon @A_Gentle_Woman. Read more at https://www.consumeractiongroup.co.uk/topic/415737-a-shocking-story-of-domestic-and-economic-abuse-compounded-by-barclaysukhelp-%E2%80%8F-bank-complicity-%E2%80%93-coming-soon-a_gentle_woman/
      • 0 replies
Hopgarden

ECP ANPR PCN - Overstay - Esso meads Purfleet

Recommended Posts

My husband received a parking charge notice through the post stating he had overstayed the Free period in the car park which appears to be within the grounds of esso meads service station at purfleet and it advised he has to pay £100 within 28 days, reduced to 60 if paid within 14 days.

 

Firstly he never even knew that you had to pay to park in a service station car park, he never saw any signs

after receiving this charge notice he went back there to see if he could see any signs

all he could see was 1 sign saying you needed to pay by phone.

 

He has been using this petrol station for years filling up his tank and has never noticed any signs, 

on this occasion he was there just over an hour. 

He often gets his car washed there.

 

We feel this is unfair as we feel there is insufficient signage telling people of this parking charge.

 

Do you think we should appeal this?

Share this post


Link to post
Share on other sites

in short, no.

Reason for saying this is that until you have acquainted yourselves with the ins and outs of private parking matters anything you say in a hurry now will come back to bite you later so hold off doing anything and start to read up on the subject.

 

There are several posts on this site here so do a word search and have a look at them specifically.

 

what was hubby doing there for an hour? this may be relevant.

he should also get some photographs of the signage there as well,

decent pictures of anything that is visible and

also some pictures to show context

 

so if a sign is hidden behind a pillar when you drive in

a picture of it from that perspecive to show that it couldnt be expected to be read by the average motorist as they entered the land so not applicable or enforceable.

 

the bad news is all parking co's only make money by inventing petty reasosn to "fine" you a large sum of money so they have an incentive to argue the toss about everything, howver reasonable your arguments.

 

Broken down?

well you knew that you should have fixed the car before you set off.

Stolen vehicle? y

our fault for not hiding it. etc etc.

Share this post


Link to post
Share on other sites

When EB said not to appeal he did not mean that you should pay.

 

In fact I don't think that we have ever advised a motorist or the keeper to pay as these parking companies find it impossible to adhere to the Law so why should anyone them.

 

If you would kindly fill out the questionnaire below we can start to find out all the reasons why the ticket does not need to be paid.

 

Share this post


Link to post
Share on other sites

There are very few palces where the parking co have the right permissions and word their signs in an unambiguous and clear manner.

PE are more likely to get it right than most of the others but they are also usually too lazy to get the planning consent unless pushed by the thought of losing  money at court.

Share this post


Link to post
Share on other sites

Thank you, I had to drive to the service station to get the pics needed also I have answered the questions below, I hope this is right? I am having trouble uploading the pics but will eep trying

 

For PCN's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement - 15/4/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] - 25/4/19

 

3 Date received - 30/4/19

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] - Y

 

5 Is there any photographic evidence of the event? - 2 photos of the reg no. plate only... on entry and then again on exit

 

6 Have you appealed? [Y/N?] post up your appeal] - N

Have you had a response? [Y/N?] post it up

 

7 Who is the parking company? - Euro car parks

 

8. Where exactly [carpark name and town] - MFG - Esso Meads - Purfleet - ESSEX

Share this post


Link to post
Share on other sites

I have attached 4 pics in all on 2 pdfs

consisting of 2 pictures of different angles of the view you have upon entering the service station, one is a close up of the 1st signage after entering which is located approx 50ft from the roadside on the right hand side and a picture of the main shop building showing 2 signs located on each end of the building but none by the door in the centre of the building which is where you enter. Esso meads pics1.pdfEsso Meads pics.pdf

Share this post


Link to post
Share on other sites

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

Share this post


Link to post
Share on other sites

so armed with some other information you can tell ECP where to go when they write to you again. We will help you with that whent eh time comes but for the moment let things be

Share this post


Link to post
Share on other sites

Hi all,

Great news, I complained to the operater of that site, which is not esso but another company called motor fuel group.

I spoke to a lady on the phone explaining the situation and she asked me to scan and email the pcn to her. I have just received a reply from her saying they have agreed to cancel on this occasion. But  in future and to tell the staff our reg no. so they can exempt us from getting a fine if we overstay the time limit.

So great new. Thank you all for your help. 

Share this post


Link to post
Share on other sites

fine?

where does it say that?

so they are going to contact ECP then?


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

Share this post


Link to post
Share on other sites

Yes she actually said "I can confirm that Motor fuel group have an agreement in place with a parking contractor Euro Car Parks. This agreement is enforced in multiple sites within our network where a number of significant contributing factors have required additional steps to support us in maintaining a safe and accessible forecourt to all of our customers. On this occasion we have cancelled the PCN, however we do advise that when using facilities, please make staff aware so they are able to exempt you from receiving a fine. There are signs stating if you are using the facilities you should tell the cashier your reg. no. to avoid incurring a fine."

 

I have just made a small donation via paypal. Thanks

Share this post


Link to post
Share on other sites

oh dear

even they don't understand what useless buggers they have employed

 

pers i'd be writing back stating they are wrong, and that there are not legal parking fines issued by the police/coucil etc..but merely a speculative invoice which can never be a legal fine.

 

I think EB could have fun here too.

  • Like 1

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

Share this post


Link to post
Share on other sites
Posted (edited)

yes but it would be wasted on them. They dont care. Now if the OP sued them for allowing the parking co to collect their personal data when they had no cause to do so they might start to take notice. If 40 peopel sued them they would definitely have to consider the guff they spout forth to defend ther laziness.

 

Anyway, good news about the cancellation. Things like that do hurt the parking co, they have spent a fiver on this and cant get that back and they have also now made themselves more visible to their employers so if they do get enough complaints they may well be out of a contract there so keep complaining folks!

Edited by ericsbrother
  • Like 1

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...