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PE charge cancelled by principle - court costs 'required'

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Comments

  • waamo
    waamo Posts: 10,298 Forumite
    10,000 Posts Seventh Anniversary Name Dropper
    Although Aldi may not be the landowner who is the contract Parking Eye have with? I will bet their contract is with Aldi
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Did the PE signs say 'Aldi Customers Only'? They usually do. Photographs?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • betteroff
    betteroff Posts: 24 Forumite
    No, the site has a few shops on it, not just Aldi.

    I had to have a little chuckle as the photos they have provided show some covered by trees and foliage!
  • betteroff
    betteroff Posts: 24 Forumite
    Can anyone remember a thread where the witness statement signed by the landholder and included in PE's defence pack was uploaded? or have an example I can look at?
  • James_N
    James_N Posts: 1,090 Forumite
    Part of the Furniture 500 Posts
    Guys_Dad wrote: »
    That's the point. You would be sitting in the gallery. Betteroff would be in the dock and it's their money at risk, not yours.

    Whilst I agree with your point as my previous post says, we are not the ones involved or facing court.

    I am sure Guys dad didn't mean it, but the term "dock" is used only for criminal cases. Even parking companies only try to assert they are using civil law to pursue their speculative invoices.
    Under no circumstances may any part of my postings be used, quoted, repeated, transferred or published by any third party in ANY medium outside of this website without express written permission. Thank you.
  • Umkomaas
    Umkomaas Posts: 43,826 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    betteroff wrote: »
    Can anyone remember a thread where the witness statement signed by the landholder and included in PE's defence pack was uploaded? or have an example I can look at?

    Here ya go fella - straight to the Evidence Pack, including the witless statement, right at the back!

    http://davidmarq.com/uploaderv6_1/files/7/PE-Popla-Appeal-Pack.pdf
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    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.

    Private Parking Firms - Killing the High Street
  • spacey2012
    spacey2012 Posts: 5,836 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Request that any persons who are signatures on contracts attend the court for questioning, this is your right to question anyone submitting evidence in statement form.
    You can really stick one up them if you know the process, you can make everyone turn up that sticks an oar in.
    A witness can not send a representative as well .
    Be happy...;)
  • Despite them not being the landower, if Aldi have engaged Parking Eye then they are vicariously liable for PE's action. I know it's a risk, but I'd let them fight it out between themselves.

    It does underpin the whole crux of the elaborate scam though, that in most cases, The PCC and who engages their services are not the landowner and have no authority to issue request for monies and keep the proceeds.
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
  • betteroff wrote: »
    So, the Notice to Proceed has arrived along with their defence, many pages long, as we know.

    1) They say that in this car park, Aldi are not the landholder and so have no authority whatsoever so cancel the parking charge!!!!!!!!!

    2) They say the 'landholder' is X in the defence and then have a witness statement from Y saying they are the 'landowner' - how many can actually be the landowner? Really got to see this contract(s)

    But get this, they say that they received no instruction to cancel the parking ticket but even if they had, as it wasn't from the landholder it wouldn't be legitimate!!

    Curious after receiving 'no instruction' from Aldi, they write the very next day and try to settle - conveniently marking it WP save as to costs?

    Could do with finding out if other people have had their tickets cancelled on this site by Aldi as genuine shoppers and how this is different

    The plot thickens!

    Might be one for Aldi's Facebook page as well. I'm sure their Customers would be interested as well. When one of their Customers is scammed by a company engaged by Aldi and Aldi cancel the invoice that their agent still pursues the victim!
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
  • Umkomaas wrote: »
    Here ya go fella - straight to the Evidence Pack, including the witless statement, right at the back!

    http://davidmarq.com/uploaderv6_1/files/7/PE-Popla-Appeal-Pack.pdf

    And I'm sure that a bit of paper signed by someone saying that they have seen a contract is water tight and will be accepted by a judge in court LMAO

    They really don't have a Scooby and will do anything to get their ill-gotten gains.
    Search my post " PoPLA evidence - What to submit" on what is a good defense for a PoPLA appeal.
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