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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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Nexus ANPR PCN - machines/app not working - Crasswell Street MSCP Car Park, Portsmouth


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Hi there,

I used a car park that had signs on the payment machines saying they were out of order and to use alternative machines. I found two others (on different floors). Both machines were failing to taking card payments, declining cards (not just mine).

 

So I downloaded their app. Same issue. Called them but they only operate mon-fri and this was a Saturday. 
 

Now I have a £100 fine. I intend to appeal but their appeal website makes you confirm you are the driver.

It wasn’t for the lack of trying to pay! 6-10 other people couldn’t pay either. 
 

Should I use their appeal page?

 

Many thanks!

 

 

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Definitely do NOT appeal.

More info if I can get to a PC later, rather than this stupid phone.

Unless one of the others chime in...

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You'll have loads of time Noodle.

Please fill in our sticky first so the guys can advise.

https://www.consumeractiongroup.co.uk/topic/391121-have-you-received-a-parking-ticket-please-fill-this-out/#comment-4684358

We're all volunteers here, so bear with us until someone gets some free time.

 

Oh, and start reading around the forum, so you know what to expect from the fleecers. (Our endearing term for the Private Parking Companies).

Also,

IT ISN'T A FINE!

It's an invoice for something the idiots say you've done wrong...

 

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I was about to post the sticky but Nicky Boy beat me to it!

Yes, please let us have that information so we can help you better.

BTW, you haven't received a fine, a private company doesn't have the power to issue fines, it's a simple invoice, and the possible consequences of not-paying are those for non-payment of an invoice.

Do not appeal to the scammers!  They have deliberately left the machines broken so they can issue their invoices and use a crooked appeals system to get the driver's details.

Please redact name, address, VRN, fleecers' reference number - in short anything that could identify you.

Edited by FTMDave
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Yep, just read the sticky properly.

All of the info you need is right there...

I'm gone for the evening now. Just like you should be Dave...!

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One last question before tomorrow - did you get any photos of the knackered machines?

We could do with some help from you.

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Like an idiot no! I only took a photo of the board that gave the app to download and the number to call

But I do have the call record and a screenie of my attempt to pay by app failing. 
 

Naive I know but there were a bunch of other people who were standing around wondering what to do, so I thought the company would think it weird several people left together all without making a payment. Silly me. 

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  • dx100uk changed the title to Nexus PCN- machines and app not working

You have a claim of" frustration of contract "to assist you. It isn't your fault that their machines are not working nor that a company that operates a 7  day business is not available on two of the busiest days to assist motorists.

Don't think you need a scanner [nor a scammer !] to answer the questions. Your mobile phone can take pictures of your PCN. 

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13 hours ago, LittleNoodle said:

Like an idiot no! I only took a photo of the board that gave the app to download and the number to call

But I do have the call record and a screenie of my attempt to pay by app failing.

Well done!  That will help immensely later down the line.

We could do with some help from you.

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Hello again, answers below and letter attached - many thanks! 

1 Date of the infringement 22 July 2023

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 01 August 2023
 

3 Date received 08 August 2023
 

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

5 Is there any photographic evidence of the event? Yes
 

6 Have you appealed? [Y/N?] post up your appeal] No
 

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


7 Who is the parking company? GroupNexus

8. Where exactly [carpark name and town] Crasswell Street MSCP Car Park, Portsmouth
 

For either option, does it say which appeals body they operate under. BPA
 

If you have received any other correspondence, please mention it here N/A

 

 

 

2023-08-01 Nexus ANPR PCN incident 22-07-2023.pdf

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Yes, that's correct. Well they said in the letter "As we have no record of payment for the parking on the date in question, or the duration exceeded for the period paid for..."

So they aren't sure themselves it seems!

2 machines had huge signs saying they weren't working, the other machines weren't working, neither was the app to pay with. I called before giving up and leaving to see what I could do (payment over phone? lol) - but it was a Saturday, recorded message said they are only open Mon-Fri. 

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Don't suppose there was a franked date of posting on the envelope?

Their invoice arrived out of time to be valid.

They've done the usual trick of printing a "date of issue", then actually posting it a few days later, eating up a chunk of the "reduced" paynent window.

We could do with some help from you.

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Haha did I put scammer? I definitely used a scanner... 
Thank you for the info. I noticed the duration on the letter pushed me into another hour as when I went to pay the fee was for "up to 2 hours" 

40 minutes ago, Nicky Boy said:

Don't suppose there was a franked date of posting on the envelope?

No, it just has something that looks like a QR code and 1 B033 208 stamped next to it but no date

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You now have to decide whether you want to pay the fleecers just to make it all go away, or fight them.

Looks like you have enough evidence to bat them away.

If you fight, this could go on for some time, as you'll see if you read other threads. (Months of threatening letters).

We'd love to see you up for a scrap and would help you every step of the way.

You would HAVE to engage with the forum. (Some users don't and come unstuck).

Your choice.

We could do with some help from you.

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I absolutely don't want to pay this as I tried 4 ways to pay (machine 1, machine 2, app - a few times, and calling them).
If they have cctv they can see me doing this and the others, esp the machine directly outside the entrance of Tesco with others not being able to get the machine to work, I have the record of the call to them on my phone before I left also etc. 

I'm even tempted to contact the local rag (who have reported on this car park before due to complaints, but under different companies) as other people around me that day genuinely wanted to pay, but couldn't!

ETA: I know they wouldn't give a single care to look at cctv - if it's even working!

Edited by LittleNoodle
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Just been trying to find the car park on Google... Is it the Tesco one?

 

They're not interested in CCTV, even if it was available. They just want your money.

DO NOT credit them with any sense of decency, or compare them with a "normal" business.

There's a reason we call them "fleecers"!

We could do with some help from you.

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  • dx100uk changed the title to Nexus ANPR PCN - machines/app not working - Crasswell Street MSCP Car Park, Portsmouth
51 minutes ago, LittleNoodle said:

Yes, that's correct. Well they said in the letter "As we have no record of payment for the parking on the date in question, or the duration exceeded for the period paid for..."

what letter? you didnt appeal did you?

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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yea just done it properly can see it now..:whistle:

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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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45 minutes ago, Nicky Boy said:

Just been trying to find the car park on Google... Is it the Tesco one?

 

They're not interested in CCTV, even if it was available. They just want your money.

DO NOT credit them with any sense of decency, or compare them with a "normal" business.

There's a reason we call them "fleecers"!

Yes it's next to Tesco but I believe it's entirely separate (not like most Tescos they have an associated car park, with a free 30 mins etc or free parking with min spend, but I don't know for certain as I never use that Tesco)

Noted, fleecers it is!

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We could do with some help from you.

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