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    • I am bound to say that their alleged contract is probably the weirdest I have seen. Considering it is supposed to be a serious legal contract to set out the conditions under which CEL manage the parking on land that does not belong to them it leaves a lot to be desired. For a start it does not comply with the BPA Code of Practice which is   7.3 a the definition of the land on which you may operate, so that the boundaries of the land can be clearly defined b any conditions or restrictions on parking control and enforcement operations, including any restrictions on hours of operation c any conditions or restrictions on the types of vehicles that may, or may not, be subject to parking control and enforcement d who has the responsibility for putting up and maintaining signs e the definition of the services provided by each party to the agreement.   Sono  mention of hours: no mention of types of vehicle restrictions: no mention of who is responsible for the erection and maintenance of signage and much more serious -no mention that CEL have to comply with the BPA Code of conduct-that one is listed on 7.1.  All it states is that the operator can pursue outstanding PCs in accordance with the COP but that is not the same as saying that CEL will abide by the CoP which it must say. Also AFAIK the only entity that can pursue for trespass is the land owner regardless of what this quasi agreement says. There is also no mention of the financial aspect of the arrangement nor how the long it lasts and what notice is required for either side to terminate.     It might be worth writing [not emailing ]to Medburn Estates asking them to confirm if this is the only agreement with CEL and whether they think it right that CEL have not received planning permission for their signs from the Council rendering their signs illegal which is more serious than unlawful and therefore all PCNs issued are worthless and should not have been issued as it is impossible to form a contract with motorists when the signs are illegal. Also that as CEL are their agents Medburn Estates LTD are responsible for the actions of their agents. You could also ask them to cofirm that the signature on the paper is that of their Director, Anthony Brown and whether their copy has a counter signature of a CEL representative. Carry on that CEL are taking you to Court and as another Judge has asked a Landowner to appear in front of him to explain their contract, whether it might be in the best interest of Medway to have a serious conversation with CEL to avoid any possible  embarrassments in your  [ie Laluna] Court appearance.        
    • UncleB - where you write "This could lead you to facing the Bank in Court..."   1stly -  would that mean now?  by remote hearing?  Or when the courts open after the summer?   2ndly - Does the application for set aside automatically prevent the B hearing going ahead?   3rdly - Will sending in an application to have the B petition set aside mean that I have to disclose an address for service?   I can only give a mailing address   4thly - Could having an early (remote) set aside hearing potentially quicken up the process for the bank if I am obliged to give them a suitable place for service?  At the moment I assume the hearing was adjourned for lack of physical service.   I want/ need to get a set aside.  But don't want to shoot myself in the foot.  
    • Where I have sight of a letter which states the following: "a) the case is removed from scheduled date and time on the court list forthwith    b) the case will be re-listed on the 1st open date after x few months, a date to be advised" Is there any way a hearing would be any earlier than suggested?  Lockdown closed courts but may they open early?    Could the bank ask it to be brought forward even with lockdown still in place officially til end July?    Would that depend on them physically serving a b petition?   Could the 1st open date be any time up to Christmas with such a potential back log of cases?  
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mcvey123

in court tomorrow - any advice?

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Its going to appeal anyway.

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The bizzare thing about this trial was that it was held in closed court- a hangover from the bad old days of N.Ireland, normally reserved for terrorist trials.

 

Citi was able to show their costs to the judge in private instead of being ordered to make standard disclosure in open court. Outrageous.

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Yes I agree. I cant wait for him to win his appeal and wipe the smile from their smug face.

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Northern Ireland is still in the Uk but the Bank Of ireland is in the south as well asn the north.

 

I think that this is a tactic by the Bank of ireland to delay things. The judge said to me yesterday that the bank has good reason to hear the outcome of the report by the oft. HOWEVER what he also said was that the report will determine how much the banks had overcharged by (whether the agreed rate would be £8 / 12 / £15) so he definitely believed that they were overcharging and that the rates of £38 were disproportionate. As soon as the OFT report comes out, they should refund immediately as they will not wish to pay for another court appearance.

 

They are using their own solicitor employed by them on a full time basis and not an outside firm like black horse and the Abbey. I don't think that enough people in northern ireland are claiming back charges and that the banks here are not accustomed to people taking them to court.

 

The judge said he would be interested to see what the reaction by the bank would be to the report.

 

Like my nose, it's all in front of me so roll on the report. In another case, the judge said he would hear the case by 16/04/07 regardless so a lot depends on what happens there.

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