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Parking charge when store was closed

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  • Beavis applied AFTER the appellant insisted they had a contract .
    The judges attempted to say he did not but he insisted he did.
    So any defence goes in now lower than that point.
    What actually forms a contract is still law and can still be argued that there is no contract / they have no rights to make offers as they are agents and you can bet your legs the actual contract is not with the actual landowner.
    I do Contracts, all day every day.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Redx wrote: »
    there are no "laws" on this topic as such, its an unregulated industry so only a court can decide on the actual legalities of each individual case, yours hasnt gone that far

    if there are issues on signage and if they offered the IAS by all means try a legal point appeal based on the signage issues and landowner contracts etc

    I doubt you will get anywhere arguing with any PPC, they are a law unto themselves and will refuse any requests from you other than their bank details for you to pay up

    I think they will ignore any such requests from you as its in their interests not to provide the info

    Redx is so right, it does not matter what you say, they will ignore you, they just want your money.

    BUT .... failure to answer your question about a full breakdown,
    holds you in contempt and it is the perfect defence for you should they be stupid enough to take you to court. Mind you, most of these cowboys are pretty stupid anyway
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Beavis applied AFTER the appellant insisted they had a contract .
    The judges attempted to say he did not but he insisted he did.
    So any defence goes in now lower than that point.
    What actually forms a contract is still law and can still be argued that there is no contract / they have no rights to make offers as they are agents and you can bet your legs the actual contract is not with the actual landowner.

    Can be lots of reasons they will use. At the end of the day, the PPC industry must be properly regulated by independent bodies, not a system like the BPA who take subscriptions which then gives an unfair disadvantage to the consumer.
  • Umkomaas
    Umkomaas Posts: 43,376 Forumite
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    New kids on the block. I can't imagine they're going to be barnstorming through the courts at such an early stage, and what small-fry parking company is going to outlay around £200-£300 to recover £100?

    Unless you've got cast iron evidence to convince the IAS that the charge has no basis (can you walk on water?) then you might best go no further chasing shadows. Unfortunately you'll need to handle (ignore) a short blizzard of debt collector letters and keep a watchful eye for an unlikely LBCCC or court papers for the next six years.

    No magic bullets.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas wrote: »
    New kids on the block. I can't imagine they're going to be barnstorming through the courts at such an early stage, and what small-fry parking company is going to outlay around £200-£300 to recover £100?

    Unless you've got cast iron evidence to convince the IAS that the charge has no basis (can you walk on water?) then you might best go no further chasing shadows. Unfortunately you'll need to handle (ignore) a short blizzard of debt collector letters and keep a watchful eye for an unlikely LBCCC or court papers for the next six years.

    No magic bullets.

    100% right, but as they say, if you don't try etc etc, it could be a game of bluff on both sides but it's also good fun with these cowboys
  • Coupon-mad
    Coupon-mad Posts: 151,973 Forumite
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    Why is there talk of a Judge when the OP said he only got the PCN 3 weeks ago and has merely lost a first appeal?
    Thinking that I might just pay up and just be done with it. Been spending WAY too much time reading forums for the past few weeks trying to figure out what to do.
    People who do that are perpetuating the scam and funding the next 'ticket' issued to a little old lady or struggling family. Could you do that?

    Read the NEWBIES sticky thread post #3 which tells you about your options with an IPC firm. My advice is, don't appeal to the IAS but do read the links there to see things like the Parking Prankster's advice.
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Coupon-mad wrote: »
    Why is there talk of a Judge when the OP said he only got the PCN 3 weeks ago and has merely lost a first appeal?

    People who do that are perpetuating the scam and funding the next 'ticket' issued to a little old lady or struggling family. Could you do that?

    Read the NEWBIES sticky thread post #3 which tells you about your options with an IPC firm. My advice is, don't appeal to the IAS but do read the links there to see things like the Parking Prankster's advice.

    Thanks for your input, let us hope it is noted
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    If the opportunity is still open to you alleal to the IAS. If they refuse and it is anonymous or perverse, if it conflicts wth normal norms of natural justice they would not want it shown to a judge.


    Did any of the paperwork mention v.a.t.? If not they are possibly trying to evade it. More reading here. about parking tickets and v.a.t.


    https://forums.moneysavingexpert.com/discussion/5033796=

    https://forums.moneysavingexpert.com/discussion/5195437

    https://forums.moneysavingexpert.com/discussion/5087925=

    If you suspect tax evasion go here

    https://forums.moneysavingexpert.com/discussion/5087925
    You never know how far you can go until you go too far.
  • Looks like I've been converted. The argument about funding the "next" ticket was pretty persuasive. I can see you guys are looking at the bigger picture.
    Gonna write one more letter to the parking company tonight after work. Then read the threads recommend to me.
    The only thing I need reassurance of is that any credit rating won't be affected unless this goes to court and I don't I don't pay any losses obvs a judgment has been made. I'm living in partners house that she has worked very hard to buy and I don't want to affect her in any way.
    Thanks for the time you guys have spent in this.

    :)
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 17 November 2015 at 9:44AM
    chrismlclm wrote: »
    Looks like I've been converted. The argument about funding the "next" ticket was pretty persuasive. I can see you guys are looking at the bigger picture.
    Gonna write one more letter to the parking company tonight after work. Then read the threads recommend to me.
    The only thing I need reassurance of is that any credit rating won't be affected unless this goes to court and I don't I don't pay any losses obvs a judgment has been made. I'm living in partners house that she has worked very hard to buy and I don't want to affect her in any way.
    Thanks for the time you guys have spent in this.

    :)

    The bottom line is that the chances of it going to court is slim, very slim. If these cowboys take that route, it tends to be 50/50 because the thought patterns of judges differ throughout the country. If that does happen and the judgement is against you, its only if you do not pay within the time given, your credit rating could be affected so in a nutshell there is a long road to travel before this.
    Remember that in youir case, it is not like the Beavis case whereby it was all about unfair charges. You want to know a full breakdown to include VAT, this is your right plus, you say the sign does not state what times of day they allow parking.

    If they are VAT registered, you should see the VAT number somewhere on their invoice. They are obliged to provide this information to you or they should be reported to Customs and Excise. Look at this as a bit of fun, a bit of a tennis match, all depends how hard you bat the ball.
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