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  • FIRST POST
    • Umkomaas
    • By Umkomaas 20th Jun 17, 7:32 AM
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    Umkomaas
    Are the number of court cases tailing off?
    • #1
    • 20th Jun 17, 7:32 AM
    Are the number of court cases tailing off? 20th Jun 17 at 7:32 AM
    I often have a quick glance at the day's court listing, helpfully produced by the BMPA on a daily basis, and I'm starting to think that the number of cases are reducing slightly. Today's listing:

    http://www.bmpa.eu/court.html

    COURT CASES FOR 20-06-2017

    Court Claim Number Claimant Comments
    Banbury C1FC9T9K ParkingEye
    Bradford C9DP4V91 Excel Parking Services Set Aside
    Bradford D4HW003Q UK Parking Control Set Aside
    Bristol C5GF62CX/2 Link Parking From 18-05-2017
    Burnley D5QZ1504 PCN (NW)
    Burnley D4GF8255 SIP Parking Set Aside
    Clerkenwell D7GF328F UK Car Park Management
    Clerkenwell C6GF31FF Parking Control Management (UK)
    Croydon CG9F042X Parking Control Management (UK) Set Aside
    Edmonton 3JD13359/2 ParkingEye
    Gloucester C1AU0X4P NSGL
    Huddersfield C4GF0T1C ES Parking Enforcement
    Huddersfield D6GF868J ES Parking Enforcement
    Huddersfield D7GF412J SIP Parking
    Maidstone C1GM3N8X Civil Enforcement Set Aside
    Maidstone C2GF0X5K UK Car Park Management Set Aside
    Manchester D7GF368P UK Parking
    Manchester D4DP609W Excel Parking Services
    Manchester C9GF8Y3N Minster Baywatch Paper Hearing
    Manchester D1GF652T UK Parking Patrol Office
    Mansfield A4FC845T ParkingEye Set Aside
    Oldham C3DP17CT Excel Parking Services
    Oldham D2GF5784C UK Parking Patrol Office
    Stockport C8QZ0D9K SIP Parking Set Aside
    Swansea C9QZ7E9Z/5 Excel Parking Services Set Aside
    Swansea C9GF5Y8M/2 Millennium Door and Event Security Set Aside
    Telford C1GF9N1C SIP Parking
    Walsall D7GF586R Euro Car Parks
    Walsall D3GF012X Euro Parking Services
    Wolverhampton D4DP4528 Vehicle Control Services Disposal
    Woolwich D0GM29J3 Civil Enforcement Set Aside
    York C8GF3V0R Minster Baywatch
    York D4GF9044 Minster Baywatch

    That's 33 cases and one third of these are 'set asides'.

    It might be an interesting exercise to get a daily figure to see how the pattern emerges (no need for a continuing copy and paste of the whole list - unless there's anything particularly interesting in it). So I'll start the ball rolling with today's figure.

    33/11

    Anyone is welcome to update the daily figure if they happen to be viewing the listing.
    Last edited by Umkomaas; 20-06-2017 at 7:34 AM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
Page 2
    • beamerguy
    • By beamerguy 28th Jun 17, 7:35 PM
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    beamerguy
    When Theresa May was home secretary she changed the law to allow parking companies access to the DVLA for drivers details. So trust me she has done something!!!!
    Originally posted by mistercesq
    NO, the DCLG introduced POFA 2012 which you can read all about.
    Do not be confused that Theresa May changed the law

    Since then, the DCLG have made statements, told lies that they are looking into this. Marcus Jones MP is one of the biggest liars, clearly approved by Theresa May

    THERESA MAY HAS DONE NOTHING ... WHAT ELSE IS NEW ???

    I would add that I am not a Labour person, always been conservative but this lady is beyond belief
    Last edited by beamerguy; 28-06-2017 at 7:44 PM.
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Edna Basher
    • By Edna Basher 28th Jun 17, 7:52 PM
    • 610 Posts
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    Edna Basher
    Don't forget that the Protection of Freedoms Act 2012 covers many things and is not just about parking on private land.

    As Home Secretary, Theresa May was indeed one of the Act's sponsors.

    http://services.parliament.uk/bills/2010-12/protectionoffreedoms.html
    • beamerguy
    • By beamerguy 28th Jun 17, 8:01 PM
    • 6,470 Posts
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    beamerguy
    Don't forget that the Protection of Freedoms Act 2012 covers many things and is not just about parking on private land.

    As Home Secretary, Theresa May was indeed one of the Act's sponsors.

    http://services.parliament.uk/bills/2010-12/protectionoffreedoms.html
    Originally posted by Edna Basher
    Theresa May was not respected as Home Secretary then, nothing has changed
    RBS - MNBA - CAPITAL ONE - LLOYDS

    DISGUSTING BEHAVIOUR
    • Umkomaas
    • By Umkomaas 29th Jun 17, 8:40 AM
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    Umkomaas
    29/06/17

    33/4.

    The 33 cases include 3 x 'Post Set Asides' (presumably the PPC pursuing the motorist for the PCN after the original Set Aside?).
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Molts
    • By Molts 29th Jun 17, 9:25 PM
    • 69 Posts
    • 164 Thanks
    Molts
    http://parking-prankster.blogspot.co.uk/2017/06/set-aside-friday.html
    • hoohoo
    • By hoohoo 29th Jun 17, 10:11 PM
    • 1,676 Posts
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    hoohoo
    Looks like they are tailing off
    Dedicated to driving up standards in parking
    • Umkomaas
    • By Umkomaas 5th Jul 17, 12:37 PM
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    Umkomaas
    05/07/17

    28 cases today including 1 counterclaim and 4 set-asides.

    More and more cases are coming to the forums for advice on default CCJs and how to set them aside. That situation seems to be getting worse.

    Millennium still at full throttle. India Beavan must be spending more time at the County Court than at her desk!
    Last edited by Umkomaas; 05-07-2017 at 12:39 PM.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Umkomaas
    • By Umkomaas 6th Jul 17, 4:30 PM
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    Umkomaas
    06/07/17

    20/5.

    Also included 3 'Appeals' (in South Wales) v Indigo - I wonder if these are connected with the hospital cases Indigo are pursuing?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • bargepole
    • By bargepole 6th Jul 17, 4:44 PM
    • 2,163 Posts
    • 6,224 Thanks
    bargepole
    06/07/17

    20/5.

    Also included 3 'Appeals' (in South Wales) v Indigo - I wonder if these are connected with the hospital cases Indigo are pursuing?
    Originally posted by Umkomaas
    This is actually a single appeal, involving the three 'lead cases' which were selected by DJ Coates as being binding on the other 96.

    The appeal concerned allocation to track. DJ Coates' directions said that, as each individual case is for a relatively small amount of money, the whole thing should remain on the small claims track, even though it is listed for a 3-day hearing next week.

    Indigo, via WH, appealed against the order, stating that as the combined value of the claims was around £29,000, it should go on the multi-track. They also filed a costs schedule for today's hearing, amounting to some £8,000.

    HHJ Vosper dismissed their appeal, with no order as to costs. So the substantive hearing of the test cases goes ahead, starting next Wednesday.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 29. Lost 9.
    • The Deep
    • By The Deep 6th Jul 17, 4:57 PM
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    The Deep
    Are these 96 cases all hospital or Bye-Laws? If they lose, will it cost them about £100 per claim? If so, will it make them less trigger happy I wonder. Will it convince Hospital Trusts that they are scammers?
    You never know how far you can go until you go too far.
    • bargepole
    • By bargepole 6th Jul 17, 5:26 PM
    • 2,163 Posts
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    bargepole
    Are these 96 cases all hospital or Bye-Laws? If they lose, will it cost them about £100 per claim? If so, will it make them less trigger happy I wonder. Will it convince Hospital Trusts that they are scammers?
    Originally posted by The Deep
    They are all hospital staff, mainly nurses, midwives etc.

    This is the only Trust in Wales which still charges for parking. The Trust, to their shame, have been supporting Indigo all the way through this saga, and are sending a senior manager as a witness for next week's hearing.

    It will cost them considerably more than £9,600 if they lose. The barrister's fees alone will come to more than that, and there are implications for their business model going forward.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 29. Lost 9.
    • Loadsofchildren123
    • By Loadsofchildren123 6th Jul 17, 8:58 PM
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    Loadsofchildren123
    And my understanding is there are a further 200 or so PCNs in respect of which they are waiting to issue proceedings.
    • Umkomaas
    • By Umkomaas 7th Jul 17, 9:01 AM
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    Umkomaas
    07/07/17

    31/5

    Looks like India Beavan will be spending her day at Swanse CC - 5 cases today. Hasn't she any work to do?
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Loadsofchildren123
    • By Loadsofchildren123 7th Jul 17, 9:42 AM
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    Loadsofchildren123
    I know about 2 of these, which are both tenant cases. Both were adjourned at the last hearings:


    1. so that the original lease could be produced - the C had produced a "sample lease" which the tenant said was not the same as the landlord's lease she'd seen. DJ Evans adjourned for the right lease to be produced - he also lambasted the Defendant saying that a clause in the sample lease basically allowed the freeholder to introduce any new rules and regulations it saw fit (which is plain wrong) - and in another case where he found for the C (and D was considering an appeal - the thread was on pepipoo) he proceeded to complain that his daughter had lived at Copper Quarter and had terrible difficulties with her parking and parking controls were clearly needed.


    2. So that more evidence could be produced about Millennium's authority under the landowner contract (and possibly also further evidence re the lease) - he gave his preliminary view as being that the part of the landowner contract which says that Millennium may only ticket cars on days agreed between the parties and even then only cars reported as unauthorised basically meant nothing and that Millennium had clearly been given carte blanche to ticket every day and any car - and he said this with no evidence before him at all.


    DJ Bingo at its worst.


    Since then a different DJ has found in favour of a leaseholder, but I'm not sure how much attention today's DJ will pay to that.


    On case number 2 the delightful new piece of evidence about landowner authority is that all they can produce is the freeholder saying that residents wanted ticketing only on match days (the development is near the football stadium) and the parking company responded that they wanted to ticket 365 days a year. They cannot produce any agreement to that effect. And the even more delightful new piece of evidence that the D has obtained is that her part of Copper Quarter was not even owned by the "landowner" who entered into the parking contract, either at the date of the contract or the date of the PCN. So her part of the development CANNOT have formed part of the contract (the contract says it has a plan/map attached defining the land but of course this has never been produced).


    So case number 2 should be a slam dunk today.


    Interestingly, yesterday Millennium served a Notice of Acting in Person. Since they do all their own court work and only use Gladstones to produce those appalling Claim Forms I wonder if they have just decided to ditch Gladstones altogether.
    • Umkomaas
    • By Umkomaas 7th Jul 17, 9:50 AM
    • 15,927 Posts
    • 24,710 Thanks
    Umkomaas
    Interestingly, yesterday Millennium served a Notice of Acting in Person. Since they do all their own court work and only use Gladstones to produce those appalling Claim Forms I wonder if they have just decided to ditch Gladstones altogether.
    India must be getting confident! Mind you, she's spending so much time at the CC, she'll be well on her way to becoming a top lawyer!

    India Beavan QC has a bit of a 'ring' to it.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • bargepole
    • By bargepole 7th Jul 17, 9:51 AM
    • 2,163 Posts
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    bargepole
    The five Millennium cases in Swansea today are in a back to back block listing, to be heard by either DJ Taylor, or DDJ Osborne.

    Not sure whether that's good or bad.
    Speeding cases fought: 24 (3 of mine, 21 for others). Cases won: 20. Points on licence: 0. Private Parking Court Cases: Won 29. Lost 9.
    • Loadsofchildren123
    • By Loadsofchildren123 7th Jul 17, 11:18 AM
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    Loadsofchildren123
    No idea about Osborne.


    Taylor: a mixed bag -
    - she found in the case of another forum user that as the tenancy agreement contained no reference to parking then the rights under the lease had not been passed by landlord to tenant - not a Copper Quarter case.
    - helpfully when it came to the small vague wording about "additional charges" for non payment, she found that these are contained in the non-discounted element of the charge that gets added back in (so £100 ticket, £60 discounted rate, back to £100 if not paid - the extra £40 IS the extra charge).
    - in another case I had before her (not parking related) and where the pleadings were completely rubbish she just said "oh well, we see lots of bad pleadings here, I'm sure the Claimant will correct that in her WS"... Really she should have shot a rocket up the Claimant's backside (and if she had the case, which it transpired in the WS ad oral evidence was embarrassingly hopeless, would never have gone all the way to a 4-day trial, costing each party in excess of £30k )
    • Loadsofchildren123
    • By Loadsofchildren123 9th Jul 17, 4:01 PM
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    Loadsofchildren123
    For the record, Osborne seemed reasonable.
    In spite of previous adjournments by other DJs and other "opinions" expressed by them, he went back to the start and made findings that there was no chain showing landowner authority. This is Copper Quarter in Swansea so helpful to many other owner/tenant victims there.
    • hoohoo
    • By hoohoo 9th Jul 17, 6:47 PM
    • 1,676 Posts
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    hoohoo
    And my understanding is there are a further 200 or so PCNs in respect of which they are waiting to issue proceedings.
    Originally posted by Loadsofchildren123
    I heard 100,000.

    No doubt we will know the true figure after the hearing.
    Dedicated to driving up standards in parking
    • Coupon-mad
    • By Coupon-mad 9th Jul 17, 7:02 PM
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    Coupon-mad
    I heard 100,000.
    Originally posted by hoohoo
    I heard differently! 100,000 wasn't correct, I understand.

    Don't believe everything you are told, hoohoo...take it ALL with a pinch of salt, in fact a huge pile of it, and then some.
    Last edited by Coupon-mad; 09-07-2017 at 7:07 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

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