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NHS / Trethowans spanked in Court
bargepole
Posts: 3,238 Forumite
There's a long running thread over on Pepipoo (http://forums.pepipoo.com/index.php?showtopic=47991&st=150) where the OP was given a private "ticket" at Aintree Hospital, followed by several threatograms from Trethowans solicitors.
A county court claim was eventually served, and the OP went to Liverpool County Court to defend the claim.
The Judge threw out the claim for a number of reasons, but most importantly because the £50 charge they were claiming wasn't a genuine pre-estimate of losses, but an unlawful penalty in a contract.
Some hospitals seem to believe that sending out parking invoices on NHS headed paper somehow makes them more enforcible; this case demonstrates that they should be treated the same as any PPC toilet paper, and ignored.
A county court claim was eventually served, and the OP went to Liverpool County Court to defend the claim.
The Judge threw out the claim for a number of reasons, but most importantly because the £50 charge they were claiming wasn't a genuine pre-estimate of losses, but an unlawful penalty in a contract.
Some hospitals seem to believe that sending out parking invoices on NHS headed paper somehow makes them more enforcible; this case demonstrates that they should be treated the same as any PPC toilet paper, and ignored.
I have been providing assistance, including Lay Representation at Court hearings (current score: won 57, lost 14), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
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Its disgusting that public bodies are using such companies to try and scam people, a few days ago bradford university was giving out such tickets with their logo on, they even have a huge law department that would know these tickets are scam!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 think the most important thing to consider here is, what is the correct pronounciation of Trethowans? Once that's been established a football style chant can be constructed to hail them as the complete set of dlcks they areFour guns yet only one trigger prepare for a volley.Together we can make a difference.0
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Random thought. If trethowans were dumped because the charge was a penalty why are not clamp release fees also classed as a penalty?I'd rather be an Optimist and be proved wrong than a Pessimist and be proved right.0
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Listen ...... what's that noise ......... it's perky squealing
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The situation at Bradford Uni is rather peculiar. You think you are dealing with the Estates Department when dealing with parking "penalties". In fact they are handled by a bog-standard PPC called CPP based in Northampton who are hiding behind the respectable name of the University to try and extract money from errant motorists. The only clue is in the telephone number for "Fixed Penalty Payments", which is a Northampton number. Googling that leads you to CPP.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0
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Must of cost them more than £50 to bring the case haha!
I paid for parking at the ncp one I got a ticket they want £125 because I in a disablde bay without a badge dispite paying for the whole day. So they would struggle to prove that level of loss.0 -
This thread is now 9th in a Google search for Trethowans. Please don't run a google search every day and accidentally click on that link as it may bring it up the rankings. It may even accidentally impact upon their business, which would be a bad bad thing
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The CAG thread about them ranks higher, lets get this thread to number one LOLExcel 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 -
D!jà vu !
Today Aintree Hospital, and Trethowans lost another case bought against a motorist. This time it was a combination of poor signage and a very poorly presented case by the solicitors. You can read about it here
Although he didn't have to use it, the defendant managed to dig up the minutes of a Board of Governors meeting, dating from 2007, which goes on about "penalty charge notices" and "increased revenue streams" in respect of money demanded from motorists for breaches of their "rules". That would have been a killer if it had been presented in court.What part of "A whop bop-a-lu a whop bam boo" don't you understand?0 -
Its just a pity the DJ didn't go over the whole claim, and pointed out any more flaws. Rather then dismiss it at the first instance. however still a good result. I wonder if Trethowens go ahead with the other one they have for Aintree.0
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