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    • ok so there are 2 letters in one envelope PPS saying account passed to legal team and the one attached any guidance on next steps gratefully received
    • so tell us about the event and when you got the original NTK as this isnt it. What time did you enter the land? did you buy a ticket and then top up with the one you have illustrated or something else?   If it is local to you can you show us some images of the signage there plus the blurb on the payment machine itself, the latter is most important as that is what the contract is if the wording is different to the signs around the place.
    • Hi   QQ; I tried the IRL claim in September 2018 and Mr Lender rejected it, I tried again yesterday and they have said they are not willing to re-open the investigation and that they will post a copy of their letter from September 2018.   I understand you need to go to the FOS within 6 months if you are not happy with a complaint outcome, however, as this is some 15 months ago that time has passed.   My question is; how do I go about re-opening this complaint so that I can now send to the FOS?  am I stuck because I didn't do anything about it within the 6 month time frame?   Thanks 
    • At the moment you have the evidence they are in the wrong and arent actually sure they are chasing the right person legally speaking. Now if their original NTK  was sent it should contain any photographic evidence they have of the event and if that shows peoploe sitting in ther car then it means there was no breach of the conditions BUT if you appeal, ask them for evidence etc you may well drop yourself in it so my advice is to sit tight and let them waste their money chasing you. If you feel yo need to contact anyone then get on to ESSO's  mpeople and point out that one of their concessions is busy breaking the law in the way they are allowing random people to photograph the occupants of their customer's vehicles and that you will be interested to knwo what they think of unregulated snappwers photographing children without permission and would they like it if you sent someone round to do the same to them?   basically you are trying to embarrass them into taking action as the garage isnt owned by them but they do have a lot of clout and can put the place out of business with a snap of the fingers if they wish. gte details of the owners of the actual site and if Esso wont act you go after them and point out that they ahev empoloyed a bunch of bandits who are breaking the law and that you are inclined to sue the  for the breaches as the parking co are merely their agents. The last peopel you wnat to contact is the parking co as they are ignorant liars and bullies. Save  what you have until the very last moment and hit them hard at that point as they wont be able to change their story or play with their evidence at that juncture. None of this will necessarily be a quick fix though and that is another thing the parking co's rely on, your desire to end this quickly. Peopel pay up because they " dont want the hassle" rather than because they are in the wrong. Very few parking co's get everything right so the number of proper legit cliams they can make is probably around 2% of the ones they shove out
    • A number of already existing PD loans that she has an arrangement to pay with and she's taken this one out - as the saying goes robbing peter to pay paul!
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You wait until you get a proper letter Before Action, then send a snotty letter as per ericsbrother's missives telling them you and they know there is no case, look up some of EB's gems. meanwhile gather evidence of signage etc.


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why do you want to tip them off they've made a mistake under pofa?

yes keep it up your sleeve.

 

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7 hours ago, ericsbrother said:

 we want pictures of the lack of signage as well as close ups of the signs. When I say close ups I need to be able to read the small print on the IPC  logo because there are 2 IPC's the International Parking Community and the Independent Parking Committee.

The latter is a spoof by someone who registered the name under the noses of Will and John of Gladstones who are also the IPC and forced them to change thier name to the former from the latter.

If the sign logo reads independent paking committee then the sign breaks the law and no contrcat can be formed and the parking co cant legaly apply for your keeper details.

This small point may be enough to get them to drop their claim later on as Will and John will be too embarrassed to continue when they have publicly stated they will sue any using the old name in relationship to their activity

 

Site is on right of pictures 1 and 2 here, further pictures show parking are and signs.

 

https://m.imgur.com/gallery/6ctHFLj

 

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so nothing at the entrance to inform the motorist they are being offered a contract to park there. It has been decided in other cases that it is the responsibility of the driver to read the signs but also that the parking co has to make them obvious and clear and this menas at the entrance to the land as well as scattered about. There are size implications, colour and size of the font, clarity of the written word, expression of core terms and so forth. The there is the detail needed to fulfil the protocols of the POFA and the CoP for the trade bodies. This signage fails the lot.

Insufficent signage covers a wide range of sins and the upkeep of the signs is also covered by this. There is a comparator for local authorities to adhere to so the parking co will ahve to show that theirs is better than this minimum standard even though the law is not strictly applicable.  For example, use of yellow lines and other markings that mean something on the public highway. If they fial to meet the requirements they do runa risk of being clobbered for passing themselves off as something they arent and that applies to the use of the little yellow and black lined bags the tickets come in, the use of the same number codes as proper PCN's etc.It would be rare to get a parking co prosecuted for such pretences but one got done some years back and nearly all of the others quickly changed the wording of their tickets very slightly.

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