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Honest John - Telegraph paper
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Jeff_Bridges_hair
Posts: 6,330 Forumite
I like to read the motoring section and there was a letter to him about how someone got a PCN from Parking Eye for £70 after overstaying in a LIDL - and he answered that they should tell them they are paying £10 as an 'adequate compensation for a minor breach of contract'
Now after reading this forum but never joining is he correct as that goes against everything i read on here regarding these companies.
Thanks
JBH
Now after reading this forum but never joining is he correct as that goes against everything i read on here regarding these companies.
Thanks
JBH
"If you no longer go for a gap, you are no longer a racing driver" - Ayrton Senna
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Comments
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He's stupid, why would a registered keeper pay anything to a scammer who doesn't own the land and can't be @rsed to prove who the driver was - and why on earth would you 'admit' a 'breach of contract' !!!!!!?
If everyone followed that advice then it would give PPCs a slight chance of actually winning cases in Small Claims 'but the driver admitted the breach of contract in writing, your honour'.
The Watchdog advice from parking legal expert Tim Cary to make such bogus tickets into a paper aeroplane was the correct advice:
http://www.youtube.com/watch?v=XAIcdi9niHA
Does Honest John have an email contact addy? I think he would appreciate some feedback from MSEers to put him right on this scam...
HTHPRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Well thats what i thought so i wrote him this
>
> Hi John,
> after reading this letter and your reply I'd like to point you in the way
> of . pepipoo.com/who advocate that these PCNs from private
> parking companies are unenforceable and the person who receives them
> should in no way pay them and ignore all letters from them and the
> collection agencies they use. This information can also be found on
> forum. moneysavingexpert.com/showthread.php?t=1331507 . So i dont
> think you should have recommend that they dont pay any money to the parking
> company as they have now accepted liability and could actually now face
> court action - though i admit this unlikely.
Hie Reply
Not necessarily.
The reader had committed a breach of contract, and by offering
"reasonable" restitution put the parking enforcers in the position of
seeming "unreasonable" in the eyes of a court.
HJ
Though looking through his FAQs on his site seem to show conflicting interests all round"If you no longer go for a gap, you are no longer a racing driver" - Ayrton Senna0 -
Jeff_Bridges_hair wrote: »Well thats what i thought so i wrote him this
>
> Hi John,
> after reading this letter and your reply I'd like to point you in the way
> of . pepipoo.com/who advocate that these PCNs from private
> parking companies are unenforceable and the person who receives them
> should in no way pay them and ignore all letters from them and the
> collection agencies they use. This information can also be found on
> forum. moneysavingexpert.com/showthread.php?t=1331507 . So i dont
> think you should have recommend that they dont pay any money to the parking
> company as they have now accepted liability and could actually now face
> court action - though i admit this unlikely.
Hie Reply
Not necessarily.
The reader had committed a breach of contract, and by offering
"reasonable" restitution put the parking enforcers in the position of
seeming "unreasonable" in the eyes of a court.
HJ
Though looking through his FAQs on his site seem to show conflicting interests all round
Complete rubbish, they don't know who the hell was driving, they don't go anywhere near court as they know the tickets are unenforceable, and how the hell can there be any loss when the car park is very often FREE? Really the advice offered by him is as bad as Mobilise with the disabled parking, they should be ignored utterly that is the correct advice!Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
I seen the tosh churned out by this guy before. What do these people get paid to do?Still waiting for Parking Eye to send the court summons! Make my day!0
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That is exceedingly disappointing.
Honest John is it would appear, clueless when it comes to private parking.
Shame, as I am sure a number of people read his column.0 -
This is the link to the question asked
http://www.telegraph.co.uk/motoring/caradvice/honestjohn/8000516/Beware-time-limits-in-supermarket-car-parks-Honest-John.htmlExcel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
Is there an email addy for this Honest John please?
It might be fun to point out that the Guardian has better advice on this subject than the Telegraph do (apart from the word 'fine' in the last paragraph):
http://www.guardian.co.uk/money/2010/sep/04/parking-ticket-private-property
And how does Honest John 'know' that the reader had 'breached a contract' if he wasn't there, hasn't seen the signs, doesn't know who was driving, etc? And does he not realise that a contract has to be fair (e.g. not containing a penalty clause...) and has to involve a consideration (in this case that could be the provision of parking - but that's not actually 'supplied' by the PPC but by the landowner/retail occupiers). No consideration, no contract.PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
CLICK at the top of this/any page where it says:
Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD0 -
Coupon-mad wrote: »Is there an email addy for this Honest John please?
It might be fun to point out that the Guardian has better advice on this subject than the Telegraph do (apart from the word 'fine' in the last paragraph):
http://www.guardian.co.uk/money/2010/sep/04/parking-ticket-private-property
And how does Honest John 'know' that the reader had 'breached a contract' if he wasn't there, hasn't seen the signs, doesn't know who was driving, etc? And does he not realise that a contract has to be fair (e.g. not containing a penalty clause...) and has to involve a consideration (in this case that could be the provision of parking - but that's not actually 'supplied' by the PPC but by the landowner/retail occupiers). No consideration, no contract.
Good advice Coupon from yourself
and The Guardian I take back some of the things I said about them lol Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
And when it does go to court they must explain themselves in detailtrisontana wrote: »On the subject of OPC, as you may know 27 cases relating to Ingress park have been "stayed" by the judge while he considers the case. He as asked some very pertinent questions (taken from CAG):-
1. Authority: "The claimant shall disclose the documents on which it relies as giving it authority to issue parking tickets and collect payments from visitors to and residents at Ingress Park."
The Court wants to see the paperwork (contracts)behind Crest/Peverel, landowners, and OPC and to see who is making any money from this scheme, how it came about, who is benefiting etc.
2. Signage: Essentially the Judge wants a plan showing where all the signs are or were, and what they had written on them, when they were removed (by OPC, Council, or parking vigilantes) - and if so were they replaced or not.
3. Contract: "The claimant shall explain in legal terms how it contends a contract is made between themselves and parking drivers and shall state the legal effect of any signage relied upon; identify the nature of the offer and the acceptance and identify the parties to any such contract."
It goes on to ask how they calculate the parking control fines and to explain the damage/loss OPC incur by someone parking.
4. debt collection: "The claimant shall clarify its relationship with Windsor-Smythe and Partners and in particular as to whether there is any linkage in the form of personnel or management."Excel Parking, MET Parking, Combined Parking Solutions, VP Parking Solutions, ANPR PC Ltd, & Roxburghe Debt Collectors. What do they all have in common?
They are all or have been suspended from accessing the DVLA database for gross misconduct!
Do you really need to ask what kind of people run parking companies?0 -
ive emailed him back with a link to this thread to see if he will come and try and justify what he said."If you no longer go for a gap, you are no longer a racing driver" - Ayrton Senna0
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