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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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      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.

       

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I've just received a new set of T&Cs from BT, hidden behind some news that a few of their 'Options' are becoming cheaper.

 

Of interest was the way they now interpret charges that will be placed on your bill. They promote once more their eco-friendly policy of paper-free billing, but the price quoted for this is the benchmark, if you want a paper bill THIS will be charged additionally at 50p per bill (£6pa if you pay monthly). Then, they have established a new division within BT called 'BT Payments' who process any remittances paid to the telco - and there is a blanket 'Payment Administration Charge' if you pay by any method other than DD. (We've covered this before).

 

It would appear BT are not only expecting us to pay additionally to pay our bills by a method of our own choosing, we're being FORCED to pay to receive the bill that tells us how much we SHOULD pay! The Government sits idly by as we get fleeced right left and centre to pay these additional amounts to know how much our bill is and to pay it.

 

WHEN did the burden of payment processing fall on the consumer and not the supplier? The Republic of Ireland has stopped this nonsense in its tracks, but here in the UK we're expected to roll over and accept it.

 

As this is not a devolved issue, the Scottish Parliament cannot act, so there's nothing the Scots can do. This is the thin end of the wedge, and you can expect other firms to try this on if BT get away with it. You have been warned!

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Ouch!

 

Will they be making a contribution to replace my pc when mine gives up so that I can continue to receive their bills?

 

How long will they remain online for? Hopefully they are not expecting me to print them out if I want to keep them for say 30 years?

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And can someone tell me , how is it more ec-frinedly to use electricity and computer to pay bill.

We should all refuse to pay, since they havent sent us a bill, no bill, no payment.

Along the lines of "You will appreciate that I can only determine what I owe if I am given a bill. i

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Will they be sending out statements of what you have paid.

I would think that wew are entitled to this in hard copy.

So they think that we allhave access to a PC, (one of the poverty measures if I am not mistaken).

Ah that will be another big comapny thinking we have the same resources as themselves, and penalising the poorest in society.

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buzby

if you think it's a '[problem]' why don't you migrate.

 

And leave the rest of you to suffer? Do you mean you don't see anything wrong in this? My issue is the principle, and if BT get away with it without comment, we'll have all the rest trying it on too. Bus company's charging us extra to pick up and drop off at congested bus stops, for wear on the steps if we sit upstairs, for not reading the free paper provided....?

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A [problem] is where a punter is misled or induced into following a course of action. And that, is a fact.

The trouble is, as a participant in the [problem], you bore a responsibility to ensure that your

 

buzby if you have been misled or induced into becoming a victim of a [problem] maybe you could report it to Watchdog.

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buzby if you have been misled or induced into becoming a victim of a [problem] maybe you could report it to Watchdog.

 

hehehe your so funny, this is CAG not your average sit back and do nothing WatchDog Viewer.

 

so whats it to be to start with...?, Unfair term, Unjust enrichment , Data Protection Act request (nice cheap option this one to get all billing data), or move up to some criminal charge, extortion perhaps?.

 

what else/other options is available as a general thought to help start the ball rolling, have all the main players gone home, ...

 

Statutory Instrument 1999 No. 2083

unfair terms in consumer contracts

giving the seller or supplier the right to determine whether the goods or services supplied are in conformity with the contract, or giving him the exclusive right to interpret any term of the contract

 

http://en.wikipedia.org/wiki/Unjust_enrichment

"

Unjust enrichment is a legal term in English law and in several other jurisdictions, denoting a particular type of causative event in which one party is unjustly enriched at the expense of another, and an obligation to make restitution arises, regardless of liability for wrongdoing."

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Well done Raymond some good info as always.

I am not with BT but if I was I would let it build up and then just file a claim for return of it all....with interest and of course if they are anything like Telewest; a wasted costs order too .

Keep up the good work matey !:)

Have a happy and prosperous 2013 by avoiiding Payday loans. If you are sent a private message directing you for advice or support with your issues to another website,this is your choice.Before you decide,consider the users here who have already offered help and support.

Advice offered by Martin3030 is not supported by any legal training or qualification.Members are advised to use the services of fully insured legal professionals when needed.

 

 

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hehehe

fairly strange to start with

 

so whats it to be to start with...? or move up to some criminal charge, extortion perhaps?.

I think he said BT not Betty from up the road.

Still, it's good to see where your priorities lie.

no buzby I've probably done as much as most on cag to argue against "scams".

 

Except I believe that scams affect many people and all should be argued with equal fervour. Not just the ones that affect us.

 

Anyway lets talk about the [problem] you have become a victim of.

Did you sign up or were you tricked into agreeing to something.

 

please don't tell me you was conned into entering into a direct debit agreement with BT.

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I am not with BT but if I was I would let it build up and then just file a claim for return of it all....with interest and of course if they are anything like Telewest; a wasted costs order too .

Keep up the good work matey !:)

 

The dual problem I have is I can see me slipping into Victor Meldrew mode as these unctious 'charges' are stuck on as if it was a right, whilst the OFT look on in blank amazement.

 

Imagine the scenario should it come to court - you're being pursued for not paying your bill, yet you LOSE, the fact you didn't pay to receive a bill in the first place is immaterial! It's just unbelieveable.

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so goodwill (now theres a contradiction in terms)you advocate that its perfectly fine and lawful to charge for sending out a bill then, yes?.

 

bt in this case, put a new charge on the bill for producing the bill, you challenge the charge, they remove it as you complained.

 

what of all the people that didnt go to the trouble of complaining?even though they know they really should.

 

bt keep that unjust money. how can that not be anything but wrong

and come under your 'I've probably done as much as most on cag to argue against "scams".'

 

funny though, so far all i see is arguing and non-productive coments from you, care to post a URL or two to this claim you make above, or far better yet , actually help someone to fight their corner were its required or is that to hard.

 

or are you here just for fun and games to keep a braincell or two active and alive.

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hehehe

so goodwill (now theres a contradiction in terms)you advocate that its perfectly fine and lawful to charge for sending out a bill then, yes?.

or are you here just for fun and games to keep a braincell or two active and alive.

you have got a serious problem

Buzby are you sure you are a victim of a [problem]?

did you

Ensure you're NOT compromised - not bleat to a firm because they had the ability to make money from your errors. For virus attacks, you do the same - not look for someone easy to blame.

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I, too, would like to see evidence of the goodwill from good'will'. I would not, however, pay 50p per sheet to good'will' for providing his goodwill - as I would consider that 50p per sheet to be part of the acceptable cost of running the goodwill in the first place ;)

-----

Click the scales if I've been useful! :)

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Buzby are you sure you are a victim of a [problem]?

did you

 

The word '[problem]' was being used (as a verb) to describe a distasteful action that BT will impose on consumers from 1st July this year. So nobody is a victim, but we all will be in less than 15 days, unless you don't want a paper bill. and are happy at losing your 'paper free' discount.

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"The word '[problem]' was being used (as a verb) to describe a "distasteful action that BT will impose on consumers"

If I was a BT Shareholder, I'd be first in line to demand that you paid the bill you ran up

I suppose one victims "distasteful action" is another shareholders nice little dividend.

 

Erm you have posted 44 times , most of which appear to be here!!!!!!!!!

"most of which appear to be here!!!!!!!!!" = 4

:rolleyes:
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There is a very big difference between being chased for a debt that you have incurred through using a service, and a business forcing a new charge onto customers that by rights the business should be absorbing as a running cost.

-----

Click the scales if I've been useful! :)

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There is a very big difference between being chased for a debt that you have incurred through using a service, and a business forcing a new charge onto customers that by rights the business should be absorbing as a running cost

possibly but what's it got to do with buzby' "[problem]" and why mention "debt".

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so goodwill (now theres a contradiction in terms)you advocate that its perfectly fine and lawful to charge for sending out a bill then, yes?.

bt in this case, put a new charge on the bill for producing the bill, you challenge the charge, they remove it as you complained.

 

what of all the people that didnt go to the trouble of complaining?even though they know they really should.

 

bt keep that unjust money. how can that not be anything but wrong

and come under your 'I've probably done as much as most on cag to argue against "scams".'

funny though, so far all i see is arguing and non-productive coments from you, care to post a URL or two to this claim you make above, or far better yet , actually help someone to fight their corner were its required or is that to hard.

or are you here just for fun and games to keep a braincell or two active and alive.

I wouldnt normally get involved in something like this, but feel i must comment. I read (and occasionaly chip in) on posts on the majority of the forum. But have not seen anything quite so unjustified as the attack on the poster here.

 

Now, i am not taking any sides in this debate BUT what i do want to say is, each poster has a right to their opinion, that is the basics of debate, and those opinions should be treated with a certain amount of respect.

 

It shocked me to actually read such a rude, insulting, and extremely unhelpful response quoted above.

And, without sounding like i am getting on my high horse or wanting to invoke a 'who the heck are you to be lecturing us' response, really did expect something different from this forum and am surprised that this hasnt already been commented on.

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

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[/color]

 

I wouldnt normally get involved in something like this, but feel i must comment. I read (and occasionaly chip in) on posts on the majority of the forum. But have not seen anything quite so unjustified as the attack on the poster here.

 

Now, i am not taking any sides in this debate BUT what i do want to say is, each poster has a right to their opinion, that is the basics of debate, and those opinions should be treated with a certain amount of respect.

 

It shocked me to actually read such a rude, insulting, and extremely unhelpful response quoted above.

And, without sounding like i am getting on my high horse or wanting to invoke a 'who the heck are you to be lecturing us' response, really did expect something different from this forum and am surprised that this hasnt already been commented on.

 

 

i respect your view OrangePrimate and thank you for taking the time to post....

 

this forum is a place were a person can ask valid questions of the readers and in return, if they so wish, will receave answers or be asked for clarification if its required to progress...

 

it is not a place to hound the true and trusted helpers such as buzby that have proved themseves over and over to be helpful contributers... and have helped many ,many people for a long time now.

 

debate is all well and good,and has its place, but the core of this place is to help people reach a good and final outcome to their problems for the greater collective good, not waste time playing debating games, there are many other places one can do that, i hope you agree!, and just so its clear.....

 

at no time did i intend offence and am sorry if it was taken.

 

ps.

as a final comment to your post "But have not seen anything quite so unjustified as the attack"

 

it was not an attack, (perhaps you need to live around here to understand)an attack is something many people on the internet in their cosy homes and area's will hopefully never need to understand its true meaning with first hand experience.

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Orangeprimate

I read your post with interest, but oh what a short memory, you are not averse to a little sarcasm yourself.

 

 

Gino32, you are very emotive on this subject and your posts suggest that you are a sole recipient of numerous charged texts on a daily basis

 

When someone gives 'their' opinion to a victims problem they should remember that it could quite easily come back and bite them on the ass, as has happened in this case with Buzby. Hence all the quotes!

 

You are correct in saying that it should not get personal and nasty, but welcome to the real world.

 

'David.m'

With regards to what 'Goodwill' has done? A [problem] victim victim himself, I owe him and his pals. Without their help and advice when I was scammed I would not have been fully refunded and given the know how to take my network provider to Otelo.

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