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District Enforcement - Court

2

Comments

  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    When you get back, make a list of all paper work they have sent sorted in to "who from" piles so we can ask questions on certain bits
    I do Contracts, all day every day.
  • System
    System Posts: 178,377 Community Admin
    10,000 Posts Photogenic Name Dropper
    DE use the "contractual charge" model. Their signs invite you to obstruct as long as pay £100.

    The paying to "obstruct" is a nonsense and point out to the court it was not a genuine offer but one that was intended as a penalty.

    Also point out that you believe there is no contract between the landowners and for DE to allow/offer obstructive parking - its Uni land - so DE are not in a position to offer that bargain to anyone.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Pasadena
    Pasadena Posts: 6 Forumite
    Hi I'm home.......the following is the information I have:

    I don't have the original parking notice.

    Notice of Impending Court Action - location given on here as Staffs Uni Estates, Beaconside Stafford ST18 0AD - this is where I think they are trying to state it covers the whole of the Uni site - its states the time and the date but does not show the exact location.

    Letter Before Claim from Gladstones Solicitors - this one does show location as Staffs Uni Beaconside Blackheath Lane - this is possibly down to me highlighting the issue. I r esponded to this asking various questions asking for a breakdown of loss etc also asked for a copy of the contract with the uni - due to Christmas mail by the time they received this they had already issued court proceedings and never responded.

    Claim Forms for Northampton County Court - As stated I admitted partial liability and offered £100

    This was rejected and they would not mediate, I did contact Gladstones and asked them to speak to their client again I stressed I was a student nurse and again stated I was willing to offer £100 they said they would speak to DE but never came back to me

    Notice of Transfer Proceedings

    I also have from the Solicitors the Particulars of Claim completed by DE

    And finally the notice I have to complete by next week!!
  • Half_way
    Half_way Posts: 7,567 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 17 May 2015 at 10:25PM
    The paying to "obstruct" is a nonsense and point out to the court it was not a genuine offer but one that was intended as a penalty.

    Which pretty much sums things up, would it be acceptable for a rich ( and stupid ) person to cause a major obstruction as long as they pay the £100
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    now I read somewhere that even tho clamping had been outlawed it was still legal to move a vehicle that was parked on private land that was causing an obstruction , "if" the vehicle was indeed causing an "obstruction" why did they not mitigate there loses , and remove the obstruction by simply relocating the vehicle?
  • Half_way
    Half_way Posts: 7,567 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    why did they not mitigate there loses , and remove the obstruction by simply relocating the vehicle?
    maybe because they have invited the driver to cause an obstruction in return for paying the stated fee
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    catch 22 then , but I thought the agreement with the UNI or wherever was to assist in the free running of the carpark , not to invite people to cause havoc and block other users from using it, by inviting people to cause havoc , they are reducing the income to the UNI ?


    might be interesting to read there contract
  • Half_way
    Half_way Posts: 7,567 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    catch 22 then , but I thought the agreement with the UNI or wherever was to assist in the free running of the carpark , not to invite people to cause havoc and block other users from using it, by inviting people to cause havoc , they are reducing the income to the UNI ?


    might be interesting to read there contract

    Which pretty much highlights the sheer ridiculousness of it all.
    therefore it cant be a genuine contractual agreement, but intended as penalty/ punishment.
    plus without looking into it further could you pay £100 to block the entrance/cause an obstruction once and forever more?
    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • enfield_freddy
    enfield_freddy Posts: 6,147 Forumite
    agreed , however there contract with the UNI might prove that they are not authorised by them to take this action , thus nullifying there contract .
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