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    • POFA plays no part in limiting court costs.  costs recovery under the small claims track is very limited   2 cases heard together? 1st you've told us about this....        
    • Just a general comment - as I know nothing about legal procedures...   I agree with what I think BankFodder is suggesting - it really ought to be a straightforward question of a breach of contract.  You've paid for a service and the other party (or their sub-contractor) has failed to perform that service - safe delivery to the addressee.  It seems daft to me that the risk of non-delivery gets passed back to you because you've not paid for insurance against their failure to perform their responsibilities.  It's an inherently unfair* business model that has crept up by stealth, assisted by the growth of internet shopping.  Of course, a court may not agree...   I also agree with BF that you should be able to do some research yourself, and you should see this as an opportunity for self-directed learning as well as self-help!  You can always check back with BF, Andyorch and dx100uk that your understanding is correct.  You might get some ideas for final year dissertation - it's a bit of an academic problem with real-life commercial implications.   *Of course, in the absence of this business model, courier fees would go up, but I would argue that's a fairer way of spreading the risk of loss/damage etc   (PS - I was a law student a looooooooong time ago.  In your position I'd have tried my tutors as a sounding board as well.  I also thought SBU had it's own law clinic - although the advice is likely to be quite basic unless somebody sees this as an "interesting" problem)
    • Thanks EB, I will catchup on the mentioned thread as I had used it before the hearing.   I went for hearing. Rep approached mentioning settlement, talking about them having a strong case to which I pointed out their bundle which they were going through that it says Excel here so aren't you here for the wrong company. They mentioned sister companies, I mentioned companies house and then I said let's leave it to the judge they went away from me. The rep went into a room presumably to call their firm Elms Legal I think probably for advice.   We ended up being the last hearing before lunch, as the Usher called out our names and said the judge will call you in shortly. The rep came over saying something like I'm surprised you're going in without submitting a WS!   I said it has been served they said well I haven't seen it, when was it sent, do you have copies as I could get the Usher to copy, I said I may, rep- you either do or you don't, I said well we will have to put this in front of the judge now.   Inside the rep said to the judge about my WS not being served and they asked me on multiple occasions for the WS I said 5 minutes before coming in is not multiple occasions. The judge said they had my WS along with an index of papers I had sent in that they have been looking at.   The rep started with their page contract and terms and conditions picture in their bundle saying they have a valid contract and that in the Tariff /T&C picture it mentioned about entering into a contract with VCS.   The judge asked me what I made of that I argued where is the contract giving them, a 3rd party, authority from Excel to issue proceedings in their own rights? The judge said to the rep, Defendant not accepting this so we are not getting anywhere rep raised WS issue again saying they asked on multiple occasions, again I repeated what 5 minutes before coming in. I said I had Cert of Posting.   The rep mentioned about being given a few minutes to read it and I said I had a copy but the judge was saying it's near lunch and it will take too much time even though the rep said there is still 35 minutes left.   I said the WS was served see COP but the judge said they may have lost it etc so to send it again. I said the rep could have a copy now but the rep was like I couldn't take pictures of it and send back to my client as they only get things from them via email.   I said you could post it but the judge said the rep is saying they can't use post for whatever reason so if I could send it again. Case adjourned.   The rep asked about costs and judge said reserved and I asked about my loss of earnings and that I would have to get leave booked again. Reserved seemed to be the answer but the judge was apologising about being the last morning hearing and said he would make sure we were first next time and the rep asked for an hour instead of 45 minutes so judge asked me and I said ok. The rep asked about the reason for adjourning to give to their client as they would have had to pay them to attend. Outside at the ushers desk the rep had spoken to the Usher to make a copy from mine (didn't accept it Infront of the judge) and also asked to see the COP and I obliged saying I deem this served now but the rep said you have an order/instruction from the judge to send to VCS. I regret giving them a copy thinking I should have said you will have it once I send it again to VCS. Whilst inside, the judge said as the hearing never started it wouldn't be infront of him again and also the rep said it would probably be someone else as she also wasn't the person named in their WS. As per POFA my understanding is one cannot be made to pay costs more than in the NTK. As it will now be a 2nd hearing, 2 days off work for me and 2 representations for them, will there be double AL for me to claim if I win or double expenses if they win?   There was supposed to  be 2 cases heard together but I only had WS for this one am I supposed to have asked for another WS? Will they be claiming the fee/expenses for both cases with one hearing yet I could only claim for the 2 days AL?   What do you make of what happened at the hearing from their rep, maybe they realised it won't be straightforward especially when it was a judge they were not aware of perhaps they conferred with their team about ways to handle aswell as ways to escape? Thanks      
    • the sil landlord, it was for £20k plus he added £18k for rent and utilities bills.
    • Hi all,    Quick update. I still haven't heard anything from Excel regarding the SAR.  I'm hoping the one from Elms Legal will turn up tomorrow in the post! 
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ajjm

PE ANPR PCN PAPLOC - Morrisons Bognor Regis **Canc'd by Morrisons**

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Hi 

Looking for advice for a friend who ignored Parking Eye PCN which were issued on ANPR after her car was parked for 23 mins in a Morrisons Bognor Regis carpark whilst her 85 year old father use the disabled toilets.

 

She has a disabled badge but presumably the ANPR doesn't pick this up but apparently this car park requires everyone to pay.

 

Date of event 9/11/19,

first letter dated 13/11/19,

reminder dated 22/11/19,

next dated 17/12/19.

Letter dated 1/1/20  is a Letter Before County Court Claim.

 

I understand that at this point we need your help as to the next step! 

With the LBA is an annexe info sheet.

Thanks in advance

 

 

 

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Hi.

 

I know you've given us some of the information but the advice here works best if you can answer the forum template questions and copy and paste the questions and answers onto this thread.

 

If your friend or her father appealed, could you also post up what they said please.

 

HB


Illegitimi non carborundum

 

 

 

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Thanks. Sorry can't find the template from that link or elsewhere. She didn't appeal or reply as that has been past advice. 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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 Thank you.

Here is the info in the correct format:

 

Date of the infringement 9/11/19

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 13/11/19

[scan up BOTHSIDES as ONE PDF- follow the upload guide]

 

3 Date received Not sure but will have been within 14 days

 

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? Y number plate

 

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? Parking Eye

 

8. Where exactly  Morrisons Bognor Regis

 

For either option, does it say which appeals body they operate under. It only seems to mention appealing to ParkingEye Ltd and then says if any appeal is unsuccessful they will provide POPLA's details. I can't see a reference to BPA or IAS on the letter.

 

There are two official bodies, the BPA and the IAS. If you are unsure,

please check HERE

 

If you have received any other correspondence, please mention it here; 

Dates issued: 1.13/11/19 .

2. Reminder 22/11/19,

3. 17/12/19.

4.Letter before county court claim dated 1/1/20.

 

Thanks as ever

……....

in either case scan up bothsides of any letters/tickets in or appeals made out to ONE MULTIPAGE PDF ONLY

 

docs1.pdf

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look at other PE PCN threads here..

 

sent them the ericsbrother snotty letter.

 

post it here 1st mind

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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It may be a bit late but try contacting Morrisons CS dept by phone and get them to give you an email address to follow this up.

All the Morrisons in the south are ex-safeways stores and the planning consent will undoubtedly cover parking. The local council planning people will know but it will take them time to dig out the applications as they wont be on the portal as they are too old.

Let Morrisons know that you ahve found that PE dont have planning permissioon and that a big fuss will be made to the local press if they stick to the line that they cant help or you have to speak to PE.

you should look up the Chief Exec's email addy if the customer service people wont help, they have a team of peopel who wil do things if it looks like they are about to be embarrassed in public

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Thanks to you both,

I cant find the ‘snotty letter’ suggested but rang the customer services who very helpfully gave me the email address (customerservice@morrissonsplc.co.uk for anyone else who needs it). I said it was regarding a parking ticket. Assume I should I ask my friend to contact Morrison’s before responding to the LBC?

Is it definite that PE don’t have planning permission? Any tips on the content of the letter?

thanks as ever

 

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Hi again,

Having done some research, I would be grateful if you could let me know if the following proposed email to customer services would be appropriate? I would of course add the reference details on the LBC. Should I mention details of reason for stopping in the carpark?

 

Dear Sir/Madam,

I recently stopped briefly (23 mins) in your carpark. I have a disabled badge. I have recently received a 'letter before county court claim' from Parking Eye. I understand that under the 1992 planning permission agreement for the Morrisons car park there was a Section 106 legal agreement that prevents charging for the car park and that this section has not been varied. I therefore request that you inform Parking Eye that they must desist with this action and cancel the parking charge. I have no wish to communicate with that company myself and request that you do not pass on my email address. I do hope this can be resolved without having to contact the local press. I look forward to hearing from you.

etc

 

Thanks as always for your assistance,

 

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Look up the ceo email address forWm Morrison and fire off a  short but consise letter requesting they instruct PE to cease their actions.

 

The person who get the LBA has to respond to PE so knowing what the original planning consent said about parking will help enormously.

 

You will need to do a lot of reading up on parking and planning law as it is quite difficult to find the right points to argue and PE will tell lies to court when they are caught out on this.

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Thanks,

So she should email the CEO before responding to LBA (she has until end Jan to do that)?

 

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I wouldn't miss a chance to bash PE on the head..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Haha.

Have got the Morrison’s  ceo email address and sent it and my draft email (in my post on Weds above) to my friend.

She’s going to try and find out more from the council re planning permission before sending it to CEO.

 

The info I got was from a local newspaper report.

 

Any other tips gratefully received.

 

Will let you know if she gets a response.

Assume she must reply to PE before 30 days are up (31 Jan) unless she gets a positive response from CEO before?

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use our custom google search box

 

the more you read in this very same forum the stronger we become.

 

dx

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Thanks,

 

Here is the proposed email to the CEO. She has till end of Jan to respond to the LBA. If she doesn't hear from the CEO before that, she presumably needs to respond to the LBA. Any feedback on the email gratefully received.

 

Dear Mr Potts,

I regularly shop at Morrison’s in [local Morrisons to my friend] where it is free to park. This a superb store, good produce, well organised and very friendly and helpful staff.  In fact I have accrued nearly 5000 points on my Morrison’s points card - see attachment below.

I am the keeper of a car that stopped briefly (23 mins) in your carpark at Bognor Regis on November 9th.

I have a disabled badge.

On the day in question the machine to get a parking ticket was not fully working -it did not take debit /credit cards.

On January 1st I received a 'letter before county court claim' from Parking Eye. I am writing to request that you tell ParkingEye to cease their threatened court action and cancel the parking charge. 
They have stated that I have 30 days to pay the £85 charge. Thus by January 31st. I would very much appreciate your support in this before that.

As you can imagine being threatened with court action is stressful, and the fact I am being treated for advanced ovarian cancer is stressful enough without anything being added to it.

I understand that under the 1992 planning permission agreement for the Morrisons car park there was a Section 106 legal agreement that prevents charging for the car park and that this section has not been varied.

I ignored initial letters as I am aware that these private parking companies often send speculative invoices masquerading as PCNs.

I have no wish to communicate with that company myself and request that you do not pass on my email address.

I do hope this can be resolved without having to contact the local press. I look forward to hearing from you.

Many Thanks

 

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An update!

My friend sent the letter above, after we decided to delete the sentence at the end about contacting the press.

 

She received the following today:

I am pleased to confirm that we have issued instructions for this Parking Charge Notice to be cancelled.

Unfortunately due to the abuse we have on these car parks we have to have these controls in place but we are happy to look at, and cancel where necessary.

Thank you once again for getting in touch and please come back and see us soon.

Kind regards
 
Understandably, she is incredibly grateful to everyone on this site for the advice and assistance you provided and will be giving me some cash to donate to the site. I will make the donation on her behalf as soon as i know how much she wishes to donate.
 
Many thanks as ever, she really has enough stress in her life (as you can see from her letter) and this is a huge relief to her. 
Keep up the good work!
 

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:cheer2:


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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nice when the route 1 attack works. Well done to you

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Donation made via PayPal. Thanks again

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:yo:


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, the whole DCA industry would collapse overnight.

 

 

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Brilliant, one line of attack for others is that as he is 85 and disabled, the lack ogf a Blue Badge is immaterial on Private Land, it would be a Reasonable Adjustment under Equalities Act 2010, and you could have had a pop at them both PPC and Morrisons for breach of that Act.


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