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    • reading the order is quite difficult for me. this is a letter (names and addresses taken out) that i sent in which is what i assumed i needed too. court.odt
    • Thanks for the message jk2054   I have just been drafting what I want to say and I think its best to focus purely on the supremacy of contract. The reason being that I dont want the judge to start focusing on other parts of my witness statement when surely just the supremacy of contract section alone should be enough to get this dismissed.    The crux of my defense revolves around the principle of Supremacy of Contract. When I purchased my flat in December 2016, the contract explicitly included ownership of parking spot 112, as delineated in the lease documentation provided in Exhibit 1. This documentation unequivocally establishes my right to use and occupy this parking space. Furthermore, the subsequent exhibits, particularly Exhibit 3, clearly depict the marked boundaries of parking spot 112, corroborating my ownership as stated in the lease agreement. Additionally, the official register of title, presented in Exhibit 4, reinforces this ownership claim. Moreover, I draw the court's attention to relevant legal precedents, such as Pace v Mr N and Link Parking v Ms P, which demonstrate that parking companies cannot override a tenant's right to park on designated property. These cases serve as persuasive authorities supporting my argument regarding the Supremacy of Contract in residential parking disputes. It is my contention that the absence of any contractual obligation to display a permit for parking spot 112 absolves me of any liability in this matter. The claimant's failure to acknowledge my ownership rights in their witness statement further underscores the weakness of their case.
    • I agree with you LFI, a totally wrong decision, I may be wrong but IMO who was driving is irrelevant .... So what if he declared himself as the driver within 28 days? .... I may be wrong but it's my understanding that that just makes him liable for the charge as driver. The fact is, the driver, declared or not, only made the error of entering the wrong vehicle registration number .... The parking was paid for. I think it more likely the judge dismissed because he didn't appeal to the PPC and tell them about the error and confirm he paid giving the chance of rectifying the situation before it got to court. But we can only know if Dave962 clarifies. Pollux, is that a fish like Cod? 😁
    • and more .. As thames water pushes to further rip off captive customers, not get fined for it, and allow more dividends .. for little more than 'aspirations' to do better More detail comes out of the literally and figuratively sh** companies apparently shunting money out of the regulated business to profit/bonus/dividend generating unregulated side companies   "Accounts filed at Companies House show : (Kennets) accounts, filed more than 12 months after the end of Kennet’s financial year, showed that the company made a £1.15m pre-tax profit for the year to 31 March 2023, up from £374,000 a year earlier. Revenues rose to £1.6m in 2023 – up from £1m in "Kennet Properties paid out a £14.5m dividend in the year to 31 March 2023" "Kennet ?takes on? land no longer needed by Britain’s biggest water company before developing it and selling it on, typically for housing or commercial premises. It also received income for the use of sewer networks by third parties for fibre-optic cabling."   Thames Water could raise bills to £627 a year to help fix leaks | Thames Water | The Guardian WWW.THEGUARDIAN.COM Embattled water supplier promises to invest up to £3bn more over the next five years     Thames Water-linked firm paid £14m in dividends despite concerns over group | Thames Water | The Guardian WWW.THEGUARDIAN.COM Kennet Properties sells off Thames Water land, whose owner, Kemble Water, has warned it would not be able to pay a £190m loan  
    • I think it will make more sense if you read that the Judge meant the 28 day sentence was on the PCN not the sign. He lost because in the Judge's opinion the registered keeper has the option to declare who was driving on the day. Dave didn't do that so he takes the blame for not making the declaration. A totally wrong decision which can be challenged at a price. There is no guarantee that another Judge will want to say that the original judgement was majorly wrong so may not change it. On the other hand another Judge may say the decision was an absolute load of pollux and reverse the decision and add punitive additions on to TPS for bringing such a hopeless case to Court.  That's why we call it Judge Lottery. To be fair, Judges tend to get it right more often than not. Doesn't make things any easier for Dave.
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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.

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      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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70mph in a 60 zone, Missed driving course TTC - email went to spam, now done +30mph in a 30 zone - can't opt for course?


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Hi, hope you can help,

In April I received a speeding ticket for doing 70 on a motorway in a 60 restricted zone.

I paid for a TTC driving awareness course over the phone and was told they would email me a date for the course booking.

In June I received a letter from west Mercia police reminding me to pay the fine or book the course.

I emailed [email protected] explaining I had paid and waiting for a course date.

They replied: 

The reminder letter is an automatically generated letter as the status of the notice is “booking pending” so please disregard.

The next letter I received was a letter informing me I had not attended the course and I could no longer attend the course.

I made several attempts to call westmericia but the telephone sent me round in a loop, no one answered.

I emailed the office again the reply was: 

I have today spoken to the course provider TTC and they have confirmed that on the 3rd of May you telephoned and booked onto a course on the 16 June at 11.15 this course date was confirmed in that telephone call and a confirmation email was sent to you confirming these course details.

They state that 24 hours before the course time a reminder email was sent to you and then one hour before the course was due to start a text message was sent to you. 

Due to the date of the offence the option of the course is no longer available and our letter of the 11th of July confirms your options. 

If you wish to accept the fixed penalty please ensure the fine is paid and your licence sent to the payment office for endorsement by the 28 July 2022

I persisted in calling the contact number for some days and eventually got hold of someone who informed me an email explaining the date had been sent to my email address. I searched my spam and found it. But of course too late.

I have since received another speeding ticket for doing over 30 in a 30 limit. There is no option for a speed awareness course because it is on the system that I have booked the other one.

I forgot to say that the course provider hadn’t given me a date at the time of booking as she said she would email me the date. I also didn’t receive a text message. 


Please could you help? 
Many thanks

 

 

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  • dx100uk changed the title to 70mph in a 60 zone, Missed driving course TTC - email went to spam, now done +30mph in a 30 zone - can't opt for course?

You need to contact the course provider to see if you can sort this out. But you must understand that the offer of a course is made entirely at the discretion of the police and there is no right of appeal if you are not offered one (for whatever reason). As an side, there is no right to a fixed penalty either and the police can simply begin court action if they wish (though they usually follow their guidelines).  

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please update this thread now you are back again.

dx

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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what were the points and the fine

it helps others.

dx

 

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

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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