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    • What do you guys think the chances are for her?   She followed the law, they didnt, then they engage in deception, would the judge take kindly to being lied to by these clowns? If we have a case then we should proceed and not allow these blatant dishonest cheaters to succeed 
    • I have looked at the car park and it is quite clearly marked that it is  pay to park  and advising that there are cameras installed so kind of difficult to dispute that. On the other hand it doesn't appear to state at the entrance what the charge is for breaching their rules. However they do have a load of writing in the two notices under the entrance sign which it would help if you could photograph legible copies of them. Also legible photos of the signs inside the car park as well as legible photos of the payment signs. I say legible because the wording of their signs is very important as to whether they have formed a contract with motorists. For example the entrance sign itself doe not offer a contract because it states the T&Cs are inside the car park. But the the two signs below may change that situation which is why we would like to see them. I have looked at their Notice to Keeper which is pretty close to what it should say apart from one item. Under the Protection of Freedoms Act 2012 Schedule 4 Section 9 [2]a] the PCN should specify the period of parking. It doesn't. It does show the ANPR times but that includes driving from the entrance to the parking spot and then from the parking place to the exit. I know that this is a small car park but the Act is quite clear that the parking period must be specified. That failure means that the keeper is no longer responsible for the charge, only the driver is now liable to pay. Should this ever go to Court , Judges do not accept that the driver and the keeper are the same person so ECP will have their work cut out deciding who was driving. As long as they do not know, it will be difficult for them to win in Court which is one reason why we advise not to appeal since the appeal can lead to them finding out at times that the driver  and the keeper were the same person. You will get loads of threats from ECP and their sixth rate debt collectors and solicitors. They will also keep quoting ever higher amounts owed. Do not worry, the maximum. they can charge is the amount on the sign. Anything over that is unlawful. You can safely ignore the drivel from the Drips but come back to us should you receive a Letter of Claim. That will be the Snotty letter time.
    • please stop using @username - sends unnecessary alerts to people. everyone that's posted on your thread inc you gets an automatic email alert when someone else posts.  
    • he Fraser group own Robin park in Wigan. The CEO's email  is  [email protected]
    • Yes, it was, but in practice we've found time after time that judges will not rule against PPCs solely on the lack of PP.  They should - but they don't.  We include illegal signage in WSs, but more as a tactic to show the PPC up as spvis rather than in the hope that the judge will act on that one point alone. But sue them for what?  They haven't really done much apart from sending you stupid letters. Breach of GDPR?  It could be argued they knew you had Supremacy of Contact but it's a a long shot. Trespass to your vehicle?  I know someone on the Parking Prankster blog did that but it's one case out of thousands. Surely best to defy them and put the onus on them to sue you.  Make them carry the risk.  And if they finally do - smash them. If you want, I suppose you could have a laugh at the MA's expense.  Tell them about the criminality they have endorsed and give them 24 hours to have your tickets cancelled and have the signs removed - otherwise you will contact the council to start enforcement for breach of planning permission.
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Barclays defence filed


Shedbuilder
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Back,

 

Correspondence - copies of all corrs, from and to, bank and court.

 

Print off SOC which will show latest int't to date.

 

Copies of bank state's - NB originals go in court's Court Bundle.

 

" What about statements? What do I stick in there? " - Do you mean bank state's or State't of Evidence.

 

I hope Peter Rabbit's examples should help but come back as nec'y.

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Hi Slick, Saintly, Tez etc

I had a quick look at Peter Rabbit. Just seems to be the statement of evidence on top of all the correspondence, statements, case law, precedents etc etc that I've already printed/copied.

However, is the statement of evidence only required if you are doing an AQ (which is dispensed with in my case)?

If so, I think I'm about there aren't I?

 

Regards

 

Shedb

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Hi Sheddy,

 

You should select the Statement of Evidence which most closely fits the defence which bank filed. As well as the one at #34 in Peter Rabbit's thread, there are 2 more (all by GaryH) linked from post #33.

 

Slick

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Sheddy,

 

I've asked Saintly to stop by and opine.

 

Slick

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Hi Sheddy,

 

Bundle goin' ok?

 

Just my opinion but maybe don't send bundle to bank in too much of a hurry as long as it gets there in good time for deadline. This will alert them (possibly) about judge's Directions and their need to apply for stay within the set time.

 

Maybe a week before deadline, depending on postal disruption.

 

Slick

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Hi Slick,

Bundle's mostly together, I've been distracted by work for the last couple of days but basically I need to copy some of the correspondence I haven't done yet, pick the right SoE and print it, print the latest SoC, number it all up and do the contents page, and I think that's about it.

I saw in one of the posts that the bundle should be bound. I assume there's something you can get from Staples or somewhere that'll hold 200 pages and isn't a loose-leaf file. I'll have to go down and investigate.

Thanks for your tip re delaying sending bundle to the bank, it had occurred to me but of course I still don't know whether they've already put a stay on proceedings. In theory, they had to do that by Monday 8th, but of course I don't know how long the Court would allow them over that, how long the Court would then take to inform all parties, and what effect the postal strike will have had.

Still, I'm sure we'll get there eventually!

 

BTW, are you aware of many others on the forum who have had a similar order recently and so are at a similar stage to me? If so, are the banks managing to stay their cases generally, or are they tending to slip through?

 

All the best

 

Shedb

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Sheddy,

 

Personally not aware of others but site Mods will be. Do you have any links please or point me to the right bank's forum.

 

Slick

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Sorry, Peeps have referred to getting a largish ring folder with section markers for your own and court copy. Bank's copy could be punched and tied with kitchen string (It'll never get looked at).

 

Slick

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Sheddy,

 

Sorry, I misread your question which I took to be a statement!

 

My reply is, No, I'm not aware of ANY other cases with directions like yours.

 

Maybe others can tell us of similar cases.

 

So many cases have been stayed but your judge seems to be trying to avoid that happening by forcing banks hand.

 

Slick

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Start practicing your "TV" smile!

We could do with some help from you

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Hi Sheddy,

 

Saw you looking at your thread - me too.

 

Have you called court to see if they've rec'd owt from bank.

 

Take it bundles are ready to be Filed and Served.

 

Slick

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Hi Slick,

I've just been putting the bundle together. Just need to paginate and bind it now, that'll be this evening. Where can I get a copy of Barclays Ts & Cs from? Presumably somewhere on this site?

I haven't called the court, is that what I should do? I sort of assumed that if the bank had stayed the case, the court would have told me by now.

 

Regards

 

Shedb

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