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    • further polished WS using above suggestions and also included couple of more modifications highlighted in orange are those ok to include?   Background   1.1  The Defendant received the Parking Charge Notice (PCN) on the 06th of January 2020 following the vehicle being parked at Arla Old Dairy, South Ruislip on the 05th of December 2019.   Unfair PCN   2.1  On 19th December 2023 the Defendant sent the Claimant's solicitors a CPR request.  As shown in Exhibit 1 (pages 7-13) sent by the solicitors the signage displayed in their evidence clearly shows a £60.00 parking charge notice (which will be reduced to £30 if paid within 14 days of issue).  2.2  Yet the PCN sent by the Claimant is for a £100.00 parking charge notice (reduced to £60 if paid within 30 days of issue).   2.3        The Claimant relies on signage to create a contract.  It is unlawful for the Claimant to write that the charge is £60 on their signs and then send demands for £100.    2.4        The unlawful £100 charge is also the basis for the Claimant's Particulars of Claim.  No Locus Standi  3.1  I do not believe a contract with the landowner, that is provided following the defendant’s CPR request, gives MET Parking Services a right to bring claims in their own name. Definition of “Relevant contract” from the Protection of Freedoms Act 2012, Schedule 4,  2 [1] means a contract Including a contract arising only when the vehicle was parked on the relevant land between the driver and a person who is-   (a) the owner or occupier of the land; or   (b) Authorised, under or by virtue of arrangements made by the owner or occupier of the land, to enter into a contract with the driver requiring the payment of parking charges in respect of the parking of the vehicle on the land. According to https://www.legislation.gov.uk/ukpga/2006/46/section/44   For a contract to be valid, it requires a director from each company to sign and then two independent witnesses must confirm those signatures.   3.2  The Defendant requested to see such a contract in the CPR request.  The fact that no contract has been produced with the witness signatures present means the contract has not been validly executed. Therefore, there can be no contract established between MET Parking Services and the motorist. Even if “Parking in Electric Bay” could form a contract (which it cannot), it is immaterial. There is no valid contract.  Illegal Conduct – No Contract Formed   4.1 At the time of writing, the Claimant has failed to provide the following, in response to the CPR request from myself.   4.2        The legal contract between the Claimant and the landowner (which in this case is Standard Life Investments UK) to provide evidence that there is an agreement in place with landowner with the necessary authority to issue parking charge notices and to pursue payment by means of litigation.   4.3 Proof of planning permission granted for signage etc under the Town and country Planning Act 1990. Lack of planning permission is a criminal offence under this Act and no contract can be formed where criminality is involved.   4.4        I also do not believe the claimant possesses these documents.   No Keeper Liability   5.1        The defendant was not the driver at the time and date mentioned in the PCN and the claimant has not established keeper liability under schedule 4 of the PoFA 2012. In this matter, the defendant puts it to the claimant to produce strict proof as to who was driving at the time.   5.2 The claimant in their Notice To Keeper also failed to comply with PoFA 2012 Schedule 4 section 9[2][f] while mentioning “the right to recover from the keeper so much of that parking charge as remains unpaid” where they did not include statement “(if all the applicable conditions under this Schedule are met)”.     5.3         The claimant did not mention parking period, times on the photographs are separate from the PCN and in any case are that arrival and departure times not the parking period since their times include driving to and from the parking space as a minimum and can include extra time to allow pedestrians and other vehicles to pass in front.    Protection of Freedoms Act 2012   The notice must -   (a) specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;  22. In the persuasive judgement K4GF167G - Premier Park Ltd v Mr Mathur - Horsham County Court – 5 January 2024 it was on this very point that the judge dismissed this claim.  5.4  A the PCN does not comply with the Act the Defendant as keeper is not liable.  No Breach of Contract   6.1       No breach of contract occurred because the PCN and contract provided as part of the defendant’s CPR request shows different post code, PCN shows HA4 0EY while contract shows HA4 0FY. According to PCN defendant parked on HA4 0EY which does not appear to be subject to the postcode covered by the contract.  6.2         The entrance sign does not mention anything about there being other terms inside the car park so does not offer a contract which makes it only an offer to treat,  Interest  7.1  It is unreasonable for the Claimant to delay litigation for  Double Recovery   7.2  The claim is littered with made-up charges.  7.3  As noted above, the Claimant's signs state a £60 charge yet their PCN is for £100.  7.4  As well as the £100 parking charge, the Claimant seeks recovery of an additional £70.  This is simply a poor attempt to circumvent the legal costs cap at small claims.  7.5 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.”  7.6 In Claim Nos. F0DP806M and F0DP201T, 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 recoverabl15e under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in Parking Eye 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...''  7.7 In the persuasive case of G4QZ465V - Excel Parking Services Ltd v Wilkinson – Bradford County Court -2 July 2020 (Exhibit 4) the judge had decided that Excel had won. However, due to Excel adding on the £60 the Judge dismissed the case.  7.8        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.   7.9        It is the Defendant’s position that the Claimant in this case has knowingly submitted inflated costs and thus the entire claim should be similarly struck out in accordance with Civil Procedure Rule 3.3(4).   In Conclusion   8.1        I invite the court to dismiss the claim.  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.   
    • Well the difference is that in all our other cases It was Kev who was trying to entrap the motorist so sticking two fingers up to him and daring him to try court was from a position of strength. In your case, sorry, you made a mistake so you're not in the position of strength.  I've looked on Google Maps and the signs are few & far between as per Kev's MO, but there is an entrance sign saying "Pay & Display" (and you've admitted in writing that you knew you had to pay) and the signs by the payment machines do say "Sea View Car Park" (and you've admitted in writing you paid the wrong car park ... and maybe outed yourself as the driver). Something I missed in my previous post is that the LoC is only for one ticket, not two. Sorry, but it's impossible to definitively advise what to so. Personally I'd probably gamble on Kev being a serial bottler of court and reply with a snotty letter ridiculing the signage (given you mentioned the signage in your appeal) - but it is a gamble.  
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    • Hello,

      On 15/1/24 booked appointment with Big Motoring World (BMW) to view a mini on 17/1/24 at 8pm at their Enfield dealership.  

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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.

      Frankly I don't think that is any accident.

      One of the points that the judge made was that the customers contract with the broker specifically refers to the courier – and it is clear that the courier knows that they are acting for a third party. There is no need to name the third party. They just have to be recognisably part of a class of person – such as a sender or a recipient of the parcel.

      Please note that a recent case against UPS failed on exactly the same issue with the judge held that the Contracts (Rights of Third Parties) Act 1999 did not apply.

      We will be getting that transcript very soon. We will look at it and we will understand how the judge made such catastrophic mistakes. It was a very poor judgement.
      We will be recommending that people do include this adverse judgement in their bundle so that when they go to county court the judge will see both sides and see the arguments against this adverse judgement.
      Also, we will be to demonstrate to the judge that we are fair-minded and that we don't mind bringing everything to the attention of the judge even if it is against our own interests.
      This is good ethical practice.

      It would be very nice if the parcel delivery companies – including EVRi – practised this kind of thing as well.

       

      OT APPROVED, 365MC637, FAROOQ, EVRi, 12.07.23 (BRENT) - J v4.pdf
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Stop the trash talking.

If you really believe you are correct, “put your money where your mouth is”, otherwise it is all just talk (and just going round in circles, too).

Simples.

But, chances are you won’t (based on how things have gone to date), because talking about it validates it in your head, and actually doing it might bring the delusion crashing down around you.

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just type no need to keep hitting quote every rime

dx

 

 

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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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I have already proved there is nothing in law to prevent me paying in cash, if I choose to do so! 

There is no way on earth I will be offering them ANYTHING, unless they choose to take it to court. 

I will then get it relisted to my local court, and make them an offer of payment 2 days before the hearing. If they then choose to proceed with due process, I will be making a claim for compensation against them!

Needless to say the claim for compensation will be substantially more, than the amount they are trying for!

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:crazy::frusty:

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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Go for it! Sounds foolproof!!

 

(Except, of course,  for the offer of payment being late enough that the court won’t see it as reasonable …. And you either get the CCJ if it hasn’t been paid in full by when the court hears it (given you want to offer part payments!) or you still get hammered for costs, or even BOTH!)

Do please:

a) stop just talking about it, and get on and do it. Do what you feel is right, and

b) let us know how you get on. It’ll be an education! (What remains to be seen is who gets the education!)

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Not going to do a single thing unless its going to court.  Less than 2% of the parking companies pro forma threats result in court action, so court is unlikely....................

All in all, it's probably best to ignore the threats, and if it does come to court action, offer staged payments in cash, close to the hearing date, and if that's refused, go along to court, and if the judge confirms that payment in cash is acceptable, make a claim for compensation.

Seems a FAR better idea, than posting the threat letters on here?

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"so court is unlikely......"

"it's probably best"

"if that's refused"

"if the judge"

 

ZZZZZZZZZZ,

Goodnight all and wake me when it's over.

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As repeatedly stated: go for it!. Until then, it’s all hot air.

you have “a cunning plan”. You KNOW it is foolproof, and all the idiots (myself included)  here just can’t accept your brilliance.

So off you pop, do your own thing, then let us know the outcome (& if it gets listed, for when & where : POPCORN!!)

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A court judgement earlier this month, confirms that it's perfectly acceptable to pay using cash, if there is no contract between the parties, which requires payments must be made in a certain way.  

Thats simply a point of law, and has got nothing to do with FMOTL nonsense, or my "brilliance"................lol

Maybe looking toward the law for a way to address the parking companies in the very rare instances where they take these matters to court, would be far more productive, that the very vigorous promotion of the idea, that many of these matters do end up in courtrooms, and there is a need to post up the pro forma threat letters, to somehow prevent that occurring?

Without the widespread belief in the fact that they are likely to take court action, very few would pay these charges and the they would be out of business! The reason they are only likely to take court action in around 2% of cases, is that it's simply not viable for them to go to court at a cost of approximately £1000, when in 90% of cases, they can only hope to recover half of that, or less. 

Anyone reading many of the parking related posts on here, who maybe doesnt know a lot about how the courts work, or isnt aware of how much it costs a them to get a victim into a courtroom, probably ends up truly believing they might end up with a court judgement against them?  The Parking Eye v Beavis judgement, further supports the idiot notion, that they favour court action!

 

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On your other thread you wrote

5 hours ago, Billy Williams said:

I have decided to pay the £170 and will be sending the payment in cash.

but now the strategy has morphed into

5 hours ago, Billy Williams said:

Not going to do a single thing unless its going to court.

So which is it?  Your fans, of which there will be many. who are following these threads, would really like to know.

Arer you going to pay the PPC the £170 in cash now, or are you going to do nothing until a claim form appears (it it does) and then offer to pay the approx £300 in cash?

(£170 + £35 claim form fee + £25 hearing fee + £50 legal costs + £20 interest, approx).

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From the reactions to my posts on here mainly from the "site team", it seems that the main purpose of this forum and others along similar lines, is to convince those having difficulties with parking companies, that these matters are almost certainly going to end up in court?

Should they be taking more than a tiny (2% or less) number of those targeted to court, the business model, which relies purely on threat and intimidation, would quickly fail.

Those uncomfortable (or unable!) to satisfy their demands, are likely to look online for help or advice. Some will end up on forums such as this.

From the wildly different responses to questions about being scammed, which are essentially all pretty much the same, it is very difficult to work out the best course of action?

However, the common thing that is very visible in all the PS threads, is the very strong possibility of court action, for anyone who does not post up a pro-forma threat letter, which will mean maybe 20 very different responses. 

Spending many hours promoting the idea of imminent court action, and that posting the pro forma is the only means of salvation, must have some sort of purpose for those involved......................just not quite sure what it might be?

The parking company threats should be ignored, which in 98% of cases will mean NFA. If one of the 2% where court action is taken (generally only for multiple matters, involving sums of £1000+), then offering staged payments, which will be provided in cash, will in most cases, result in the debt being written off. 

Should the scammer decide to proceed with court anyway, in advance of the hearing they should be served with an N266, asking for full disclosure of any contractual agreement between, them and target, whose terms and conditions suggests that payment must be made in a certain manner.

Obviously they cannot provide that, as there is nothing within their T & Cs, which relates to method of payment.

I will leave it up to those who are legally qualified to outline what happens next......................................

 

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1 hour ago, Billy Williams said:

If one of the 2% where court action is taken (generally only for multiple matters, involving sums of £1000+)

Although you profess to be an expert in the way CAG handles PPC's, this ridiculous statement alone shows that you quite obviously have not read other threads around the forum!

I'm not going back to sleep.

I'm gone.

We could do with some help from you.

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The way you "handle" questions about parking companies, is very clear!  Promoting ignorance, fear, confusion, and obfuscation of the facts, is very visible!

Should I be wrong on that point, I wonder why you refuse to acknowledge the fact that they only take court action, against a tiny number of miscreants, which makes all your mumbo-jumbo about posting pro forma threat letters, etc, etc, look preposterous....................

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1 hour ago, Billy Williams said:

I will leave it up to those who are legally qualified to outline what happens next......................................

 

You (absolutely) can go off and pay for advice from those legally qualified.

I don’t think it is a reasonable expectation to want advice only

a) from those legally qualified, but also

b) free / gratis.

(unless you go to a free representation / legal advice clinic)

 

on the basis that you only want legally qualified to reply, and “going round in circles”  : time to close this thread?

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Not been explained at all! 

If members of the "site team" are actually working for the parking companies, in spuriously promoting the idea that court action, is to be expected, I can see the reason for the ridiculous posturing about posting the pro forma threat letters, and maybe 20 completely different responses to the same question, but other than that I cannot see any useful purpose in the repeated claims that court action is to be expected?

Seems a bit like pushing the idea that all those who didn't opt for an untested injectable, would fall down dead in the street, if they got the flu?  The socially engineered version of reality, is getting further and further away from actual reality, it would appear!

Over the last 3 years, I have had 5 or 6 threats from parking companies, and up to now there has been nothing to suggest any of them is anything other than a rather hollow threat. I would guess if the same scammer racks up more than £1000 in relation to the same reg number, over a 6 month period say, there is a vague possibility of court action, but that's only going to take place if the vehicle, suggests the owner is likely to adversely affected by a CCJ.

Anyone driving a cheap old banger, who hasn't got more than £1000 outstanding, is completely safe, and can bin the threat letters.

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6 minutes ago, Billy Williams said:

fall down dead in the street, if they got the flu? 

It happened (1918 H1N1 pandemic).

young, fit people : well in the morning, stopped and died in the street in the afternoon.

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According to MSM reports based on state/corporate propaganda, dropping dead in the street was also a thing during the recent scamdemic!

The idea that hospitals were full to bursting point, seemed a bit sketchy bearing in mind the majority had so little to do, many staff members had the time to rehearse and post almost daily dance routines on Tik Tok........................lol

Like the nonsense appearing on here, in respect of dealing with parking companies, all this stuff is saying very loud that we are living in a post truth era, and anyone who does not concur, with the official narratives, will be singled out for special attention..........................

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