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    • Preliminary hearing to determine whether there is a contractual relationship between parties - according to the hearing notice.
    • I had forgotten that the fleecers had already played a lot of their cards in the WS they made opposing your set aside application (post 12 for anyone looking in) so that means we can already tighten things up.   Obviously the paragraph numbering will now take one hell of a beating, but that can be sorted out later.   Observations in blue, changes in red.     IN THE COUNTY COURT SHEFFIELD    CLAIM NO: XXXX   HX PARKING LTD  (CLAIMANT) VS XXX (DEFENDANT)   Date: 3rd May 2022   Witness Statement   1. I Mr XXX, of xxx and I am the Defendant against whom this claim is made. 1.1. I was the registered keeper of the vehicle XXX. 1.2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.   INSUFFICIENT & CONFUSING SIGNAGE  This is likely to be one of your aces so will need a lot of work once you get photos.  The fleecers have also shown a plan where they claim there are signs (their WS post 12, PDF page 15 which you need to confront).   2. I confirm that i was the registered Keeper of the vehicle which is in question in this case and the vehicle was parked in Alma leisure centre Chesterfield. The vehicle was parked there because the driver went to McDonald’s for eat in (the bank statement proof exhibit 1).   3. There were no clear signs at the entrance nor in the car park, it was night time and weather was not clear as well.   3.  Even if the driver had seen the signs, they would have been extremely confusing.  A car is normally allowed to be parked for five hours, yet after midnight this is changed to one hour.  This begs the question for how long a motorist entering at 10pm for example is allowed to stay.  Is it for five hours until 3am or until 1am?   3.1. The PCN/NTK states "period of parking 00:02:05".  It is common sense that a couple of minutes was needed to enter the complex, find McDonald's and find a parking space, before the period of parking began, so it was likely the car entered the car park before midnight allowing the driver to park the car there for five hours.   4.  Even if the driver had seen the signage - they did not - the mention of a £100 charge is literally the last word on the last line of a long board of text.   4. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.     UNFAIR TERM   4.  In an interview with the local newspaper (exhibit XXX) Ms Ellie Berkeley, HX PCN administration team leader, said: “The five-hour maximum stay prevents workers from close by abusing the land and parking there for free, without using the shops on site" which makes sense.   5.  This therefore begs the question of why this limit is cut by a massive 80% after midnight when the cinema and eateries are still open.  The driver indeed ate at McDonald's.   6.  Ms Berkeley continued: "Five hours is sufficient time to visit the cinema and also eat at a restaurant".  Certainly five hours are sufficient.  One hour is not.    7.  I would maintain this is an unfair term under the Consumer Rights Act 2015 part 2 section 62 (6) ""A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer".  Such a term has absolutely nothing to do with efficient management of a car park and everything to do with trying to catch diners or cinema-goers out and thus have an excuse to issue PCNs.   NO KEEPER LIABILITY   5. The Particulars of Claim do not clarify in what capacity they believe I am liable but state that the Defendant is “liable as the driver or keeper” of the vehicle. This appears to be “fishing” for liability.  Is this really in the PoCs? - you need to look and find out.    The rest of your section is about the use of POFA at airports which is completely irrelevant.    Adapt LFI's suggestions re POFA and keeper liability -   First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail.   The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   PROHIBITION  This deals with no stopping cases.  Yours in not no stopping so it is completely irrelevant.   LOCUS STANDI   You have quoted a different contract in a different place with a different PPC.  You need to read and try to find holes in the contract they produced (post 12, page 15 of the PDF for anyone looking in).   Adapt LFI's suggestions -   Looking at their contract, the names of the signatories and their positions in their respective  companies have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   ILLEGAL SIGNAGE   8. After checking, I have found out that there in NO planning permission granted for said signs, therefore making them illegal as lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be performed where criminality is concerned.   LFI's suggestion -   They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   ABUSE OF PROCESS  I've cut some bits out as the CoP hadn't been published when the fleecers went after you.  Are you sure the Unicorn Food Tax in the PoCs is £60?   9. The Claimant seeks recovery of the original £100 parking charge plus an additional £60 described as “contractual costs and interest” or “debt collection costs”. No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4.    9.1. As part of the provisions of the Parking (Code of Practice) Act 2019, on 07/02/2022 a new Code of Practice was published by the government, designed to prevent these “rogue” traders from "ripping people off" (the minister's words) with extra charges, which have been deemed unfair (https://www.gov.uk/government/publications/privateparking-code-of-practice/private-parking-code-of-practice).    9.3. Section 9 of the new Code of Practice, regulates the matter of recovery costs: “The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.”   9.2. Even before publication of the government’s Code of Practice, Parliament intended that private parking companies could not invent extra charges. PoFA Schedule 4, paragraph 4(5) states that “The maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper” which in this case is £100.    9.4. Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery ie: Parking Eye Ltd vs Beavis (2015) UKSC 67 which is the authority for recovery of the parking charge itself and no more, since that sum (£85) was held to already incorporate the costs of an automated private parking business model and the Supreme Court Judges held that a parking firm not in possession cannot plead any part of their case in damages. It is indisputable that an alleged “parking charge” penalty is a sum which the Supreme Court found is already inflated to more than comfortably cover all costs. The case provides a finding of fact by way of precedent, that the £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters. Since 2019, many County Courts have considered claims in excess of £100 to be an abuse of process leading to them being struck out ab initio. An example, in the Caernarfon Court in VCS v Davies, case No. FTQZ4W28 on 4th September 2019, District Judge Jones-Evans stated ‘’Upon it being recorded that District Judge Jones-Evans has over a very significant period of time warned advocates [...] in many cases of this nature before this court that their claim for £60 is unenforceable in law and is an abuse of process and is nothing more than a poor attempt to go behind the decision of the Supreme Court v Beavis which inter alia decided that a figure of £160 as a global sum claimed in this case would be a penalty and not a genuine pre-estimate of loss and therefore unenforceable in law and if the practice continued, he would treat all cases as a claim for £160 and therefore a penalty and unenforceable in law it is hereby declared [...] the claim is struck out and declared to be wholly without merit and an abuse of process.’’    9.5. In Claim numbers F0DP806M and F0DP201T, Britannia vs Crosby the courts went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain HamiltonDouglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of Wight & Wiltshire. District Judge Taylor echoed earlier General Judgment or Orders of District Judge Grand, stating ‘’It is ordered that the claim is struck out as an abuse of process. The claim contains a substantial charge additional to the parking charge which it is alleged the Defendant contracted to pay. This additional charge is not recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in ParkingEye v Beavis. It is an abuse of process from the Claimant to issue a knowingly inflated claim for an additional sum which it is not entitled to recover. This order has been made by the court of its own initiative without a hearing pursuant to CPR Rule 3.3(4) of the Civil Procedure Rules 1998...''    9.6. The addition of costs not previously specified on signage are also in breach of the Consumer Rights Act 2015, Schedule 2, specifically paras 6, 10 and 14.   Statement of Truth    I believe that the facts stated in this Witness Statement are true.   I understand that proceedings for contempt of Court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
    • Can you just remind us what is meant to be happening tomorrow
    • Thanks for your reply, we returned home to find the lock tampered with and it had been broken into. Our alarm system had gone off and we have the log of which systems within the house had been triggered showing they had been in the house. There was a letter left from a supposed bailiff addressed to a complete different property. The letter said they had been acting on behalf of SSE energy company. Our home and street are clearly signed, we have no idea how they have managed to mistake our home for the other property! SSE told us not to call the police and they would get back to us within 48 hours, no explanation or apology. We contacted the police anyway and got a crime number. Thanks 
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They haven't, I agree, with the confusion between state and federal government. But you could argue that Djokovic represents a danger to public health, I imagine. He seems to have questions to answer about his behaviour after his positive test. 

Illegitimi non carborundum

 

 

 

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Confusion between tennis association - state - federal

- and that 30 minutes before his time was up was a real shoot self in the foot

 

@hightail

 

Re accuracy of lft swabs

 

Up until Christmas, we were using throat and nasal swabs, but have recently been given nasal only lft swabs

Not absolutely conclusive so far, and I'm not clear on the ins and outs of using the (short swab) nasal only test kits in a throat and nasal way

- you should always follow the instructions folks

 

But was your daughter using the nasal only tests when it didn't catch the infection?

 

I've been seeing some evidence (not fully peer reviewed etc) that with Omicron, throat swabbing is the place to be to catch it best ..

 

We are getting lots of people (including us) reporting getting nose bleeds since moving onto the nose only blue packs of swabs too where they didn't with the (longer!!) throat and nose swabs

- a lot of these are NHS staff

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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7 minutes ago, tobyjugg2 said:

But was your daughter using the nasal only tests when it didn't catch the infection?

I don't know but it's very likely.  I have ordered testing kits regularly since first available and I've been sent nasal only for the bulk of that time. 

Edited by hightail
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Worth a read - worth highlighting that CDC says not to

- seemingly/apparently more due to some folk hurting themselves with throats swabs

 

WWW.REUTERS.COM

Israel's Health Ministry on Monday instructed people self-testing for COVID-19 to swab their throat as well as their nose when using rapid...

 

 

WWW.TODAY.COM

For at-home rapid COVID-19 tests, there are suggestions people should swab their throat and their nose for a more accurate result. Experts...

 

 

INEWS.CO.UK

Anecdotal evidence shows that Lateral Flow Tests are more effective at identifying positive cases with both throat and nasal samples

 

 

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

Interestingly, other half and I both had an increase in cold type symptoms over last 24 hours, both had mild sore throat and 'wobbly tummys'

We have both been testing very regularly over Christmas new year - mainly daily.

 

Thinking we might actually have caught Covid, Took the symptoms as a sign to test the tests

 

Did three tests from same nasal swab 7 pack

Throat only

nose only

Throat and nose

 

Was of course thinking that if only the throat or throat and nose came up positive  ...

 

... All negative - so confidently assuming it is just a slightly congested cold as it seemed to be. ... so far

Will test again tomorrow and monday

 

I am default throat and nasal testing - but if it comes up positive, i will immediately do a nasal only test.

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

Link to post
Share on other sites

 

“as he waded through the empty bottles and platters of sandwiches, he didn’t realise it was a party”

  • Haha 1

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

Going back to the lfts

 

We are recieving nasal and throat/nasal packs that look exactly the same (blue/white packaging etc) apart from some have small swabs some have long swabs (throat and nose) (we've had just a couple of green pack nasal only)

 

Still doing throat and nose whichever we get.

 

 

interesting the headlines saying 4th booster not effective against omicron

- these are misleading headlines.

The vaccines have always been better at preventing severe infection and death than transmission, its just the degree thats changing due to the MUTATING CORONAVIRUS mutating around prior vaccines.

 

Also interesting some rather premature claims that another wave in summer will be mild with fewer deaths and little effect

... what they dont say is that is premised on Delta/Omicron still being the primary variants, and that the MUTATING CORONAVIRUS wont mutate around the vaccine (which was built around an earlier variant) further as the OMicron and every major variant has so far ..

 

Stupidity - or conspiracy ? dunno.

Apparently Omicron targetted vaccine variants are expected in about 2-3 months - although seems likely a variant (or two) further mutated to avoid the vaccine is VERY likely by then.

 

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

France has passed a law that says all sportspeople must be vaccinated in order to compete.

 

https://www.theguardian.com/sport/2022/jan/17/djokovics-french-open-title-defence-in-doubt-over-covid-pass-ruling

 

In separate news, Djokovic has shares in a biotech company developing a drug treatment for Covid.

 

https://www.theguardian.com/sport/2022/jan/19/novak-djokovic-stake-biotech-firm-quantbiores-covid

 

Illegitimi non carborundum

 

 

 

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LOL

So he thinks theres profit in it at least?

 

No-Vak is something of a new-age nut though.

(I know, bit rich from someone who believes Atlantis was a real)

 

 

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

This pandemic is not over.  I can see the UK Governments direction of travel to an endemic way of dealing with Covid  same as flu as being a bit premature.

 

 

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Johnson and the Tories think that the NHS not quite actually collapsed into a heap despite a backlog that will take a decade/syphon loadsamoney into the private sector - is a success

... Of course

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

For the anti-vaxers

mature content - but not really offensive or indecent as such

 

 

WWW.THE-SUN.COM

A MAN claims his penis has shrunk by an inch-and-a-half due to Covid, and doctors say it can't be fixed.The anonymous male said the lasting effect of

 

 

oh and it seems Johnsons child was the one infected

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

 

The British Medical Association, @TheBMA

 says removing all restrictions in England "will inevitably increase transmission" and "place the public at greater risk", adding that it risks a "rebound" of Omicron infections when "the NHS is still under crippling pressure".

 

 

I want to hear Chris Whitty explain why wearing masks was required and now it's not.

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

I think its been on the cards for a while, and if not before, as soon as it became clear that the ERG was in the driving seat and all restrictions would soon be gone, no matter whay science said or how high the bodies would pile

- that was it.

 

With currently 300 plus a day dying despite the available mitigations and around 2000 a day hospitalised

- seems premature to embolden the maskless and vaccineless

 

That Johnsons child has apparently JUST been quite ill with it shows what a ****** Piers Morgan he is.

- or maybe that was just an excuse for Johnson - I wouldn't put it past him for a moment

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Share on other sites

Some appear to believe that many of those dying may have died during a bad flu season anyway and we would not close the country down for flu.

 

But excess deaths since Covid have been about 125,000 and if Government treats it like flu, with it continuing to circulate with different variants, then that is very risky.

 

What is the science on treating Covid in the same way as Flu ?

 

 

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We could do with some help from you.

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Thought herd immunity strategy for Covid was seen as too risky, as not enough known about how it changes into different variants ?

We could do with some help from you.

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2 hours ago, unclebulgaria67 said:

Some appear to believe that many of those dying may have died during a bad flu season anyway and we would not close the country down for flu.

 

 

Says who apart from you and a few conspiracy anti-vax nuts?

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

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Its a quite clear presentation he made HB, with no linked support for it and no real world statement balancing the seemingly repeated anti-vax anti-lockdown statements

 

Seems to me more yet another crafted attempt to include anti-vax sentiment wrapped in something

 

Personal?

I attacked the statement, and prior statements like them, not his whole post(s), and will continue to challenge statements like that from anyone, and more forcefully the more often they are made.

Edited by tobyjugg2

As he waded through the empty bottles and platters of sandwiches pouring out more drinks,

he didn’t realise it was a party - even when he was ambushed by cake and ate it

 

 "Moral emptiness"  "unrepentant and inveterate liar" 

"a liar and a charlatan debasing the office of Prime Minister”

Boris Johnson Mendex est

 

“The failure of the cheerleaders of Brexit to acknowledge the consequences of Brexit as due to Brexit remains remarkable.” - David Schneider

 

Knowledge has only two enemies: Ignorance and lies

Link to post
Share on other sites

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