Putting The Boot In To The BPA on Their Turf

Trebor16

LincolnshireYokel wrote: »

I fell out with the mods on CAG years ago. They seem to deliberately be as awkward as possible and do everything they can to actually hinder people making useful posts.

I'll second that. One of them, who I understand is no longer active, was particularly obnoxious.

Trebor16

trisontana wrote: »

I have scored one victory on CAG. They now have the MSE letter chain as a sticky, and I received an apology from them for the snide remarks from one of their mods.

That must have been a first!:D

Stephen_Leak

TrickyWicky wrote: »

Good speach, I love it. I used to work for one of the large PPCs (along with two councils) and I can only say its about time someone stood up to them at one of their self-back-patting BPA parties. I wish I could have been there to see all their sick smirks wiped off their faces.

Nev Metson next year?

rtho782

If I ever went to court I'd probably just push the "no contract exists, signs and a parked car don't constitute a signature", as well as quoting the new VCS v HMRC ruling and saying the PPC don't have the right to bring the case to court.

Even were there a contract, these charges are obviously penalties and not representitive of their losses.

I honestly don't see how anyone could lose a case even if they ADMITTED to driving.

I love this Excel quote:

A person can enter into a contract either by expressly agreeing to do so, or by acting in such a way that he/she can be said to have implied agreement to enter into a contract. Where notice is given to a motorist of the consequences of parking in a particular area, by implication the motorist enters into a contract with the parking enforcement company (or the landowner) and accepts the terms set out in the notice by proceeding to park.

Surely by refusing to pay them any money (especially in my case where it's been going on 8 years) I'm acting in such as way that I have implied I do not agree to their rubbish?

trisontana

Over on PePiPoo a poster is going after our old friends "Legal Parking Enforcers" with a vengeance:-


I have a solicitor and a barrister because I am in the legal field myself, although not specifically civil law. I attend court on a daily basis so LPE and their susbidiaries do not scare me.

Their particulars of claim are quite frankly awful, and a 5-page defence has been filed. It includes all the important issues aside from the fact I was not the driver (which I was not), namely contract, land interests, VAT, penalty clauses, UTTR 1999, UCTA, actual loss sustained etc etc.


I bet with all that, LPE will just chicken out and drop the case.

peter_the_piper

That would be a shame.

WageSlave1_2

trisontana wrote: »

It's surprising how you can manipulate statistics. Over on CAG, one of the mods (of all people) keeps quoting that 25 out of 49 figure and stating that the PPCs have had a "50% success rate". This conveniently fails to take into account the many thousands of "parking charge notices" which never go near a court.

It's probably fair comment to say that BPA won half of the issued cases that proceeded as far as a hearing BUT we don't know for sure whether all those cases were for parking tickets. Out of the 845 cases probably some of them were for things other than parking. Don't know if any of those non-parking cases might have been in the final 49 cases.

Also there is the DeVere factor. They account for quite a large percentage of the issued cases. It is believed that their cases seem to receive an unusually sympathetic hearing in their local county court. Possibly this is just because as repeat players and regular court attendees they've managed to build up a certain level of trust. Others have suggested more sinister explanations to do with the guy behind Devere, Lee Kirsch, being a magistrate or former magistrate - but that just seems like speculation.

For those in need of a damned good chuckle the full transcript of VCS v Ibbotson is over on Pepipoo. It's also on CAG but you have to be a member there in order to download it.

http://forums.pepipoo.com/index.php?s=&showtopic=70652&view=findpost&p=716983

trisontana

WageSlave1 wrote: »

For those in need of a damned good chuckle the full transcript of VCS v Ibbotson is over on Pepipoo. It's also on CAG but you have to be a member there in order to download it.

http://forums.pepipoo.com/index.php?s=&showtopic=70652&view=findpost&p=716983

I must say the judge was certainly on the ball regarding the question of whether it was a penalty of not. The company even tried to include cost of the attendant's uniform in the charge!

Trebor16

WageSlave1 wrote: »

For those in need of a damned good chuckle the full transcript of VCS v Ibbotson is over on Pepipoo. It's also on CAG but you have to be a member there in order to download it.

http://forums.pepipoo.com/index.php?s=&showtopic=70652&view=findpost&p=716983

I particularly loved this comment made by the judge to VCS's legal rep :-

"If there is another case in the S!!!!horpe County Court, Grimsby County Court or Hull County Court live by four pm on Friday, you will be coming to see me and I suggest you bring a toothbrush. Am I clear?"

:D

AltheHibby

That quote is so funny I have even shared it on my Facebook page! Am I sad or what?