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    • Make sure the WS is sent 14 days before the hearing. You can e-mail the court theirs.  In the subject line put the case number, the names of the parties and "Witness Statement".  Obviously click on "Return Receipt". Send Simple Simon his by 2nd class post - all VCS are worth - and get a free Certificate of Posting from the post office.
    • The outlet is in Camden Town and was set up in 2006, a year after my husband established the business, in addition to selling at exhibitions, online, shows, events, and having licensing agreements in some places overseas.  The only thing I have stopped doing since I got ill is the physical stuff, which I’m working on. The business has not changed name or anything like that either. I’m not sure where the original contract with Camden is but the management must still have it. My husband died in Jan 2017, and until Sept 2018, I would take the stock in every week; after that I was sending it in by post. I went in now and then when possible to re-do the display but that was about it. No one had access to any files until 2020. Moved house in 2020 thought would have to pull it all, Covid had just hit as well. The person in question said he would be interested in taking over and paying the rent etc. so I said I would let him sell the pictures for nothing as long as he would ‘keep it warm’ for me.  Obviously, everywhere was closed for lockdown. During this time I was working out how to go forward.  In May 2022 I told him I couldn’t  give anything away for free anymore, and put in place the wholesale agreement.  I’ve disregarded any discrepancies from before this date. I sent over the jpgs electronically, so I’ve still got them too. He hasn’t got any original files like .psds negatives or memory cards etc, I’ve got proof of all ownership/copyright. A co-op is whereby a small number of neighbours work on a rotational basis so they each of them can have time off, that way everyone doesn’t need to be there at the same time, he had never been an employee of mine.  The only reason I allowed him to have the files in the first place as I didn’t want to lose that side of the business.  It’s a good, constant source of income. However, the rent was becoming crippling as I believed there was something fishy going on well before this as there’s so much cash dealt with there, and I couldn’t go in regularly in person, and I’m sure sales weren’t being recorded properly and cash was being pocketed. My husband was too busy to be doing any stock control properly, he wasn't really into paperwork, and the guy who was ‘helping’ me after my husband's death, was making things very difficult for me to implement a solid stock control system by refusing to co-operate on simple things like using email etc. which I thought was a smokescreen, so I severed ties with him just before I made the agreement in question. I sent about 100 images, jpg files, sent via We Transfer. I’ve got the confirmation of which files were sent with dates. I will have to go through closed bank accounts and previous tax returns to get a proper estimate.   Before I made this agreement, I was selling retail there, this is a wholesale agreement so I’ll have to do some calculations but it is definitely in the thousands.  I haven’t got his his home address, and I don't think he's got any sizeable assets. I’m also worried that he might send the files overseas and start selling them there. I know he’s not stupid enough to sell them online. He knows for sure how serious this is, but he’s been chancing it and thinks I’m stupid, if not soft and stupid. I don’t know if this would work but I am thinking that when he does contact me, I tell him we need to talk, tell him I know what he’s been up to, and strongly urge him not to order any more prints from wherever he is having them printed because it will make things much worse for him if he does. Then when I do tell him about the gravity of the situation, maybe a few days later, I think it will scare him into complying because the consequences definitely trump the few quid he thinks he is saving by getting his own printing done. Tell him an amount that I want back for lost revenue, and make it clear that if he doesn’t destroy the files and if I find out he is still doing it at any point down the line, I will seek prosecution for copyright infringement and fraud, which I will. I don’t know how I can enforce any of this without involving the courts though. I will be able to tell, though, and he will know this. And the only reason I am doing this now rather than before, is that I couldn’t prove anything until now.  It was screamingly obvious from the beginning though, as he wasn’t ordering enough from me to pay the rent, let alone make a profit. If I decided to come down like him lie a ton of bricks straight away, how would I go about a cease and desist, would I have to get one from the court? And what do I do about the stock he currently holds? It has also occurred to me that he might file for bankruptcy or similar if things get heavy, where would that leave me? I could put the feelers out for a brand-new person to take it on, obviously without giving them access to files, that is an option. But that comes with its own set of issues. Also, would there be any implications for me, if I kept quiet for now? Let him order again from me as if nothing has happened, as it will be any day and I want to get all my ducks in a row first ideally….   Thanks again
    • I’ve also just realised their online website they’ve got 12 photographs of my vehicle, including close ups of the inside?? Not sure why that’s relevant.  The time stamp on the first photo is 13:57, the PCN incident time is 14:12. 
    • I’m tempted to send a letter to the company outlining the reasons why I think their PCN is illegitimate. I guess will technically be an appeal.  Their documentation states they won’t discuss over phone, I also don’t want them to have my email address.    re signage on entrance, having looked at land registry, the whole road is private, and when you turn into the road off the highway, there is a sign on the lamppost about 20m in, again not noticeable and on the other side of the road.  I feel like I am in a difficult position with this, I understand that I may have a good chance of not having to pay, but at the same token the stress this is already causing me makes me feel like it’s not worth the £60!
    • Well done with the photo. Of course the signage is insufficient.  PPM are not interested in competent management of a car park, they are interested in catching drivers out so they can issue their PCNs. For a start, according to their trade associations' Codes of Practice, they are supposed to have signage at the entrance. Any e-mail reply from the company and whether they will/won't/can/can't get the invoice cancelled?    
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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.
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      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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MET ANPR PCN - occupants left carpark - Appealed - Starbucks (closed) 346 SouthGate Park, Stansted, CM24 1PY


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For PCN's received through the post [ANPR camera capture]

(must be received within 14 days from the Incident)

 1. Date of the infringement 21st October 2023

2. Date on the NTK [this must have been received within 14 days from the 'offence' date] 12th December 2023

3. Date received 13th or 14th December 2023

4. Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Not that I can see

5. Is there any photographic evidence of the event? Yes

6. Have you appealed? [Y/N?] post up your appeal] Yes

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

7. Who is the parking company? MET Parking Services

8. Where exactly [carpark name and town] Stanstead Southgate Park

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

POPLA

 

Hi all, 

I submitted an appeal shortly after receiving the PCN, and did not confirm that it was myself who was driving. I used the standard template to reply to these notices I found on this site. 

I have today received the attached reply (Appeal 1-5). 

How would you suggest I now proceed? 

Thanks!

 

NTK+Appeal reply+photos.pdf

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moved to the private parking forum.

 a private parking company are not s local authority and cannot issue fines only pointless speculative invoices

please read upload and merge all those files into one mass pdf in date order using pdf merge site.

next time never ever appeal..:frusty:

thread title updated

the NTK is WAY!!!!!!!!! out of time.

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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  • dx100uk changed the title to MET ANPR PCN - occupants left carpark - Appealed - Starbucks (closed) 346 SouthGate Park, Stansted, CM24 1PY

Hey, thanks for the quick reply, and apologies for posting in the wrong place. 

I can't see how to edit my original post, but I've merged the files as you requested in this comment. 

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This is a car park well known to us.  To be blunt - it is a scam site.  It has been exposed as a scam site on national television.

MET don't know who the driver is.  They can only go after the keeper by law if the invoice arrives within 14 days, which it hasn't.  So they have no-one to pursue ...

... that's unless you outed the driver in your appeal.  Did you?

It's an own goal, but not fatal, if you did, but we still need to know.

From what you wrote you didn't.  Can we see a copy of what you wrote in your appeal please?

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

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The PCN does not comply with the Protection of Freedoms Act 2012 which governs the private parking companies because it was sent out late. 

All that means is that the charge cannot be transferred from the driver to the keeper. Only the driver is now responsible to pay the PCN and as thousands of motorists are legally allowed to drive your car they will have a difficult job proving who the driver was. So well done for not revealing who was driving.

I notice that you did not post your appeal to Met. it would help if we could see what you said.

The sign they showed looks as if the font size is too small plus there appears to be too much information on the sign.  Font size is important as it is the basis of forming a contract between the motorist and the rogues.

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Thanks for the replies. 

I had to submit the appeal through an online portal, so don't have a copy of what I sent to hand. I used a template appeal letter for parking charges that I found on this site, but I can't find it! 

Again, following advise on this site, I did not name myself as the driver, only the keeper. 

So at this point, what do I need to do, if anything? Would the advice be to no longer communicate with MET, and ignore any correspondence? 

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I didn't think we had a template appeal letter, as we don't think it's the way to go. But you did the right thing by not outing yourself.

The advice is to keep correspondence but if you get a Letter of/before Claim, then you need to put together a snotty letter that we will help you to refine. If you're not sure if a letter that you get is a LOC, come back and check with us.

And if you move, then you probably need to let Met know in case they try to go behind your back.

HB

Illegitimi non carborundum

 

 

 

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This Cagger got on to the organ grinder and got the charge cancelled.  Have a read of the whole thread.  This is the road to go down  https://www.consumeractiongroup.co.uk/topic/462450-met-anpr-pcn-occupants-left-southgate-premises-appeal-refused-starbucksmcdonalds-southgate-park-stansted-airport-cm24-1py-cancelled-by-euro-garages/

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 Have we helped you ...?         Please Donate button to the Consumer Action Group

If you want advice on your thread please PM me a link to your thread

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Posted (edited)

for now, I'll stop contact with MET, and if they send another letter I can take things further. 

In the meantime, I'll try reaching out to Euro Garages like another user did to try and get the ticket cancelled. 

Edited by dx100uk
unnecessary previous post quote removed
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