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PCN/CPMS/MILCollections

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Comments

  • HO87
    HO87 Posts: 4,296 Forumite
    bod1467 wrote: »
    You might think so, I couldn't possibly comment.
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Fawkes
    Fawkes Posts: 50
    Part of the Furniture 10 Posts Combo Breaker
    Forumite
    Yes that's my case.

    Although not used to being in court (never been in court in my life), the information being given wasn't fully being retained as it was coming thick and fast. But it looks like it's on the right track.

    Soon as I get the paperwork in the post I will clarify it for you.

    Thanks again
  • hoohoo
    hoohoo Posts: 1,717 Forumite
    Well done Mr Fawkes! A sterling effort in court and one which will help many other motorists. Now they have been identified as failing on the maintenance issue they will find it very hard to win any claims, ever, and are potentially setting themselves up for costs awards against them on the grounds of being unreasonable.
    Dedicated to driving up standards in parking
  • Fawkes
    Fawkes Posts: 50
    Part of the Furniture 10 Posts Combo Breaker
    Forumite
    Thank you hoohoo, caught you late :).

    Hello everyone.

    The post has arrived and the details regarding the dismissal with MIL Collections/ CPMS Ltd are,

    (i) The claimant failed to prove the alleged contractual arrangements between the land owner and CPMS Limited conferring any rights on CPMS Limited to assert any claim.

    (ii) The claimant has, on the evidence, no legitimate commercial interest in the events concerning the alleged trespass (a tort or civil wrong) and as such, has required a bare right to litigate which is not capable of valid assignment because it offends against the legal doctrine of "maintenance" {Chitty on contracts 32nd edition at 19-050}

    Fawkes
  • Coupon-mad
    Coupon-mad Posts: 166,165
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Forumite
    Worth more people seeing this...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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