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    • @FTMDavethanks for guiding me step by step. I have captured the photos night time as well if you see they are not visible even in day time how can anyone see in the night
    • just to clarify one matter everyone....   the statement that 'all road markings within any private land/carpark are mere tarmac graffiti is quite correct.   for dedicated use bays - there has to be a clearly visible sign(s) if one parks in those bays, which must be covered by the relevant council planning permission for poles+signs and elsewhere there must be a sign that details their usage conditions/contract.   dx
    • Don't worry, we're getting there bit by bit.   Tomorrow evening I'll try to deal with your questions.   The photos you've taken are superb - they show the signs as tiny and not illuminated.    
    • Good thinking! I only requested the telephone hearing (in the body of the email) and will send the further note tomorrow to cover all bases!
    • @FTMDave i am attaching the photographs of the Alama park please have a look. Checking your previous post where you corrected some line and suggest some but i could not understand. Is it possible if you edit and delete irrelevant lines.    I have edited little bit but not sure what to add and what to look for   Mr XXX, of xxx and I am the Defendant against whom this claim is made. 1.1. I was the registered keeper of the vehicle XXX. 1.2. The facts in this statement come from my personal knowledge. Where they are not within my own knowledge they are true to the best of my information and belief.   INSUFFICIENT & CONFUSING SIGNAGE  This is likely to be one of your aces so will need a lot of work once you get photos.  The fleecers have also shown a plan where they claim there are signs (their WS post 12, PDF page 15 which you need to confront).   2. I confirm that i was the registered Keeper of the vehicle which is in question in this case and the vehicle was parked in Alma leisure centre Chesterfield. The vehicle was parked there because the driver went to McDonald’s for eat in (the bank statement proof exhibit 1).   3. There were no clear signs at the entrance nor in the car park, it was night time and weather was not clear as well.   3.  Even if the driver had seen the signs, they would have been extremely confusing.  A car is normally allowed to be parked for five hours, yet after midnight this is changed to one hour.  This begs the question for how long a motorist entering at 10pm for example is allowed to stay.  Is it for five hours until 3am or until 1am?   3.1. The PCN/NTK states "period of parking 00:02:05".  It is common sense that a couple of minutes was needed to enter the complex, find McDonald's and find a parking space, before the period of parking began, so it was likely the car entered the car park before midnight allowing the driver to park the car there for five hours.   4.  Even if the driver had seen the signage - they did not - the mention of a £100 charge is literally the last word on the last line of a long board of text.   4. I am not liable to the Claimant for the sum claimed, or any amount at all and this is my Witness Statement in support of my defence as already filed.     UNFAIR TERM   4.  In an interview with the local newspaper (exhibit XXX) Ms Ellie Berkeley, HX PCN administration team leader, said: “The five-hour maximum stay prevents workers from close by abusing the land and parking there for free, without using the shops on site" which makes sense.   5.  This therefore begs the question of why this limit is cut by a massive 80% after midnight when the cinema and eateries are still open.  The driver indeed ate at McDonald's.   6.  Ms Berkeley continued: "Five hours is sufficient time to visit the cinema and also eat at a restaurant".  Certainly five hours are sufficient.  One hour is not.    7.  I would maintain this is an unfair term under the Consumer Rights Act 2015 part 2 section 62 (6) ""A notice is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties’ rights and obligations to the detriment of the consumer".  Such a term has absolutely nothing to do with efficient management of a car park and everything to do with trying to catch diners or cinema-goers out and thus have an excuse to issue PCNs.   NO KEEPER LIABILITY   5. The Particulars of Claim do not clarify in what capacity they believe I am liable but state that the Defendant is “liable as the driver or keeper” of the vehicle. This appears to be “fishing” for liability.  Is this really in the PoCs? - you need to look and find out. Where to look on PCN letter?   The rest of your section is about the use of POFA at airports which is completely irrelevant.    Adapt LFI's suggestions re POFA and keeper liability -   First is the fact that they must have a parking period and it is quite clear that entering and leaving the car park does not constitute a parking period since some of the time the motorist is either driving around looking for a parking spot then leaving the spot and driving to the exit. All that takes time so that is one fail.   The other fail is in their wording when they are trying to transfer the liability of the alleged debt from the driver to the keeper. They are supposed to include at Schedule 4 s9 [2][f] this "(if all the applicable conditions under this Schedule are met)". That in itself makes it non compliant but the fact that they haven't got a parking period means they haven't met the applicable conditions.   PROHIBITION  This deals with no stopping cases.  Yours in not no stopping so it is completely irrelevant.   LOCUS STANDI   You have quoted a different contract in a different place with a different PPC.  You need to read and try to find holes in the contract they produced (post 12, page 15 of the PDF for anyone looking in). What shall i add here   Adapt LFI's suggestions -   Looking at their contract, the names of the signatories and their positions in their respective  companies have been redacted. You do need strict proof of who actually signed. There is no specific authorisation from the Client to allow Court action in pursuit of non payers. In section 11 which is like an addendum it states" the Company shall provide parking control" but doesn't state if that includes legal pursuit as well and it does not appear to be signed.   ILLEGAL SIGNAGE   8. After checking, I have found out that there in NO planning permission granted for said signs, therefore making them illegal as lack of planning permission is a criminal offence under the Road Traffic Acts 1962 and 1991 and no contract can be performed where criminality is concerned.   LFI's suggestion -   They are supposed to comply with the Law and the IPC code of Conduct and they have done neither. The new Private Parking Code of Practice  draws attention to it as well  s14.1 [g]  "g) responsibility for obtaining relevant consents e.g. planning or advertising consents relating to signs."   ABUSE OF PROCESS  I've cut some bits out as the CoP hadn't been published when the fleecers went after you.  Are you sure the Unicorn Food Tax in the PoCs is £60? ( I couldn't understand this)   9. The Claimant seeks recovery of the original £100 parking charge plus an additional £60 described as “contractual costs and interest” or “debt collection costs”. No further justification or breakdown has been provided as required under Civil Procedure Rule 16.4.    9.1. As part of the provisions of the Parking (Code of Practice) Act 2019, on 07/02/2022 a new Code of Practice was published by the government, designed to prevent these “rogue” traders from "ripping people off" (the minister's words) with extra charges, which have been deemed unfair (https://www.gov.uk/government/publications/privateparking-code-of-practice/private-parking-code-of-practice).    9.3. Section 9 of the new Code of Practice, regulates the matter of recovery costs: “The parking operator must not levy additional costs over and above the level of a parking charge or parking tariff as originally issued.”   9.2. Even before publication of the government’s Code of Practice, Parliament intended that private parking companies could not invent extra charges. PoFA Schedule 4, paragraph 4(5) states that “The maximum sum which may be recovered from the keeper is the amount specified in the notice to keeper” which in this case is £100.    9.4. Previous parking charge cases have found that the parking charge itself is at a level to include the costs of recovery ie: Parking Eye Ltd vs Beavis (2015) UKSC 67 which is the authority for recovery of the parking charge itself and no more, since that sum (£85) was held to already incorporate the costs of an automated private parking business model and the Supreme Court Judges held that a parking firm not in possession cannot plead any part of their case in damages. It is indisputable that an alleged “parking charge” penalty is a sum which the Supreme Court found is already inflated to more than comfortably cover all costs. The case provides a finding of fact by way of precedent, that the £85 (or up to a Trade Body ceiling of £100 depending on the parking firm) covers the costs of the letters. 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.’’    9.5. In Claim numbers F0DP806M and F0DP201T, Britannia vs Crosby the courts went further in a landmark judgement in November 2019 which followed several parking charge claims being struck out in the area overseen by His Honour Judge Iain HamiltonDouglas Hughes GC, the Designated Civil Judge for Dorset, Hampshire, Isle of Wight & Wiltshire. 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 recoverable under the Protection of Freedoms Act 2012, Schedule 4 nor with reference to the judgment in ParkingEye 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...''    9.6. 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.     Statement of Truth    Alma Leisure.pdf Alma leisure centre.pdf
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vinyared vs hsbc


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Have started claim on three a/cs in march 2007 filed at court on 21st may Have now recieved an A/Q to be sent back by 2x20th 1x23rd .Question H on the form asks if I have attached a fee for filing, is this on top of what i have already paid to the court and would appreciate any other advice from here on in

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Hiys vinyard, depends how much your claim is for mine is over 3k and my AQ fee was £100 on the paperwork received from your local court with the AQ it should tell you at the bottom how much you need to pay. This is reclaimable when you win. Hope this is of help tf

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fee is 100 for claims over 1500 - no charge if under 1500

and here's the info for the aq's including the draft direction for order.

 

aq info:

Allocation Questionnaires - A guide to completion

this is your step by step completion guide -and here is:New strategy for Allocation Questionaires

and here is how to use it:

for section g of the n149 (section h on the n150), use the wording in blue on post #3 of new strategy link, and then attach draft order for directions - use wording on post #2 of new strategy link(the bit in blue) making sure to add your name and court claim number to all pages. simple as that. just follow the steps with these two minor additions. the draft order is just asking the judge to order both parties to lay out their wares within 14 days of him ordering it - so it shortens the length of the time to a court date - and as dg/hsbc/all banks don't want to do it - they will pay up by offer or just not file their aq in which case you also win.

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thanks lateralus was a little bit lost but now im found(sounds like a song) shame the link wasnt working for the template as im very slow at typing but thats what rainy Sunday afternoons are for .will take these into court on Monday 16th and then should I ring the court on the day after mine are due or wait a week and when will i need to get my court bundles ready

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The court will let you know when your bundle is due. Once the claim has been allocated to track you will get a court date. Normally you will get directions telling you by what date your documents must be delivered to the court and the defendant. It used to be a standard 14 days before the hearing but it seems to vary from court to court.

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:D:-x:lol: 8) :roll: They are great arn't they!

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sorry lateralus meant the link to do the" draft order for directions" it actually says there is a fault and it is not working ,also looked in templates library but couldnt see one. Anyway no worries Ive typed it out now and altered it for each a/c:p By the way how cool to have nick name"lattie"

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She was also called Pinky for a while. hence the avatar.

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A prudent question is one-half of wisdom.

 

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I thought youd made a typing error but put "avatar" in google .So much info on one little word ,what was your previous name "perky" I notice you are both platinum ac customers although latties got 4 times the posts sorry nearly 4and1/2 times must go for now :sad:

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there is a perky - it's nettyg - we got it from crusher cuz we both used to answer at the same time to peeps so we got known as a double act - we had a few suggestions - but pinky and perky stuck - perky still watching and sometimes jumps in. lattie is just short for lateralus - i think lattie sounds like a coffee and it just proves my point that all brits will shorten a name - i'd never heard names like daz, gaz, and a zillion others til i got here. lateralus is pinched from son number 2 who is a big "tool" fan.

that's it - my life in one paragraph!

i didn't know what an avatar was either!

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thanks for sharing that with me but you didnt say where you came from? Have taken my a/q,s in today along with section G bit typed on a seperate sheet and signed it at the end also ,draft order for directions. watch this space for any development.Didnt know who tool were, but do now. and "brits " could be a strong clue.

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Lattie is American, and I haven't got the foggiest who "Tool" are. lol

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indie music - although if i say that - i'm sure he will correct me as there are so many sub-genres in music. it's a group - and lateralus is a track (and a cd, i think) - he's seen them twice and going to manchester to see them again in august.

i'm a transplanted californian - o/h from hull - two sons - one american and one british - weird or what!

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Tool are an american rock group who have had two albums in the us (thats usa not useless) charts one at 14 and one at 18 and one of their albums is Lateralus which is about seeing different colours !!!which i do most saturday nights By the way i thought you were being cheeky when you said lattie used to be called pinky but its true sorry

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  • 3 weeks later...

I said watch this space? recieved letter from court on just 2 out of three of my a/cs DISTRICT JUDGE OLDHAM "unless the Defendent do File an allocation questionaire by 4pm on the 6th August 2007, the defence will be struck out" Dated 24th July 2007.I rang the court this morning and they have not filed and the odd case i had not heard anything about had been referred to the manager i was then told that all my cases were on hold pending court case, I assume the one referred to the manager is classed as personal but what happens to the other 2 which were business acs and do i do anything now appart from wait for aletter from the courts? COME ON "LATTIE "givus a clue or "JOE"

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well, i'd def ring and ask to speak to the court manager - have your claim numbers ready - and say the the oft test case makes no mention of business claims - it specifies personal account cases - and say particulars for business accounts are not being claimed under the same rules of law and ask how they can stay business claims by virtue of an unrelated test case for personal accounts.

 

 

you may have to apply for the stay to be removed but that would be your basis - that the oft test case doesn't apply.

Application for removal of a stay - UPDATED TO ACCOUNT FOR OFT TEST CASE(1 Viewing)

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Thanks Lattie have read the link and will follow your advice first and ring the court, it was a young girl i got last time who was relaying the information from someone else so she may not have had all the info but will let you know. I dont think you are weird!!! lol

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You said it ealier in this thread,now i believe .Rang court again this morning and was told all three cases have been referred to the DJ for his direction and I have to wait, if they have been stayed then I have to apply to have the stay lifted as per that link you gave me .Will be near your neck of the woods tomorrow a m ,going to Auction at sandtoft Hope its nice and sunny it usually rains when i go there lol

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Don't mention rain to lattie!

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That was weird just sent reply and couldnt find server Anyway try again .just had two acs back dated 9th aug the defence has been struck out.what do I do now ?Why doesnt Lattie like rain she should shes a real duck!!!

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