Scotland: Court orders woman to pay £24,500 in private parking charges (VCS)

Lamilad

Umkomaas wrote: »

Classic dismantling Lami. . You should have lay repped for her (are they allowed north of the border?).

Last time I was in Scotland I got !!!!pped on by a seagull... twice! I bet you'd get pretty long odds on that happening :sad: Fairly sure they're trying to tell me they don't want me up there (the seagulls at least).

I would've just quoted the Jopson case about forbidding signage being incapable of forming a contract.... At least then if she lost she'd have had something to appeal on.

Lamilad

Ryandavis1959 wrote: »

Carly isn't stupid despite your accusations.

No one accused her of being stupid... The question was simply asked "why would anyone be stupid enough..."

Instead of posting libel on here

You need to 'Get your facts straight....' for something to be 'libel' it has to be stated as true then proven to be not true. As above, a simple question was asked.... Please use your obvious encyclopedic knowledge of the law to explain how the question which refers to "anyone" can be defined as libel toward a specific individual?

beamerguy

There was no libel .... PERIOD

I am puzzled on two counts

1: £25K is a lot for parking. Whilst there is no doubt that the court case happened, the courts don't actually ask for the validity of the defendant and one would have thought with such a huge claim from a well known predator, questions would be asked ?

2: As each ticket is it's own entity and be dealt with as such, did VCS apply 200 times to the DVLA or was it data obtained and held from the first ticket ?

Umkomaas

Lamilad wrote: »

Last time I was in Scotland I got !!!!pped on by a seagull... twice! I bet you'd get pretty long odds on that happening :sad: Fairly sure they're trying to tell me they don't want me up there (the seagulls at least).

I would've just quoted the Jopson case about forbidding signage being incapable of forming a contract.... At least then if she lost she'd have had something to appeal on.

Don't go badmouthing seagulls or you'll upset Coupon! Judging by their league position, there must have been a few teams they've twice crapped on this season.

:rotfl:

The_Deep

a woman who stood up for what she believed in.

Parking where no parking was allowed, parking where she had no entitlement, parking so as to inconvenience others, perhaps obstructing emergency vehicles.

What she believed in was patently wrong, and her hubris has cost her dear.

Half_way

A qiick one on plants:
After being on here for a few years, ive seen a few antics from private parking companies, with parking companies possibly even taking relatives and friends to court to use as plants, and winning against them. the reality being that the friends/relatives/associates do not lose out anything, and the parking company can point and say we took so and so to court, complete with a convoluted forum posting. While this may costs the PPc in time/effort and court fees they gain a valuable piece of PR which will encourage others to pay up.
So when odd/unusual cases crop up, and the question are you a plant/related to the parking companies crops up, or is hinted at don't be offended, parking companies will stoop lower than you would think.

Next:
With residential cases its usually pretty clear cut, however those at the receiving end of things need to be pro active before things get out of hand
I have said in the past why not play a game of PPC ticket collecting? however this is only and only after checking that everything is clear, that:
The driver has permission to park there which is either from the landholder ( ie flat owner) or via a lease/freehold/tenancy etc, this is often referred to as primacy of contract
Then other things need to be looked at, such as signage, although the signs are junk/worthless if the main contract overrides things.
As ever when faced with residential issues you need to be pro active and tell the management company( factor in Scotland?) right from the start that you dont agree to the permit scheme/are opting out and have only been displaying a permit, as well as the fact that there is a contract in place which overrides any additional rubbish placed by a third party contractor.

As beamnerguy stated:

I am puzzled on two counts

1: £25K is a lot for parking. Whilst there is no doubt that the court case happened, the courts don't actually ask for the validity of the defendant and one would have thought with such a huge claim from a well known predator, questions would be asked ?

2: As each ticket is it's own entity and be dealt with as such, did VCS apply 200 times to the DVLA or was it data obtained and held from the first ticket ?

going forwards the amount being demanded is absurd, and needs appealing if possible.
It would also be worth looking at point 2 made by beamerguy, with regards to the 200 plus tickets which would require a separate request from the DVLA, as there could be a data protection act breach issue at play here.
If and if there has been a data protection act breach, say 199 times and if this has been checked then the victim could in theory put a separate claim in for each DPA breach this could net £250-£750 per DPA breach which would more than off set the amount being demanded.
Or as an alternative the whole thing could be appealed, the PPC doesn't contest the appeal on the basis that Carly wont claim for any DPA breach ( or other breach)
Not too sure if the above would be possible, but it would offer a way out for both the PPc with theDPA breaches ( if they have occured) and Carly, who despite her ordeal shouldn't be any worse ( or better) off, re-setting everything back to zero.

Lynzer on pepipoo produced two guides with regards to residential parking here
Info : http://www.thebridesmother.co.uk/Media/residential-parking.pdf
Templates: http://www.thebridesmother.co.uk/Media/Templates.pdf

Again - you really need to be pro active in dealing with PPCs especially on residential sites
Hopefully Carly ( if thats her name) will want to fight this, however i fear that she may want to use the whole experience and play the poor victim card ( as has happened with others in the past)

DoaM

nigelbb wrote: »

More nonsense from someone who clearly hasn't read POFA which says nothing about any AOS or COP.

I was just trying to explain where PG's thought processes may have come from. No need to be abusive.

Ryandavis1959

Lamilad
!!!!Facts as in knowing the difference between a "fine" and a privately issued invoice?

Sorry for not being a lawyer! I'll do my best between working two jobs and raising my lad to make sure I don't say the wrong word news time. :T

!!!!! So what does that say about her? Some people believe the stuff in the bible about 'an eye for an eye', 'a tooth for a tooth' etc... Should they act on their 'beliefs' then take their chances in court?

CouponMad says 'ignore parking tickets in Scotland'. There is no if buts or maybes. Carly was told this by many people who she trusted. What's wrong with that?

!!!!!!Why not? If you knew anything about these private parking companies and the nefarious tactics they employ you would realise there are no depths too low for them to stoop. If you knew what they were capable of you would not struggle to "believe" this statement.

Excuse me but we know a lot more about what private parking companies done than you laddy, unless you have been fighting them for over two years!

!!!!!What good would that do? All the court could do is confirm that the case took place, not whether or not she was a stooge.... Second time you talked about 'getting facts straight' without getting your facts straight

The court will confirm that she was represented by a qualified barrister thanks to LEGAL AID which she fought LONG AND HARD FOR. Which was my point! Carly is NOT stupid.

!!!!!!Really? Based on the defence put forward how could it possible have gone against the claimant? Please explain.

Because everyone in Scotland agrees that these fines are unenforceable?! The Dundee Courier has been telling us for years, and by the looks of it people on this website! CouponMad says IGNORE PARKING TICKETS IN SCOTLAND.

!!!!!!!Yeah, she's a real inspiration to all of us... If I come across anyone else who's just fed up of that annoying £24500 weighing them down then I'll point them in her direction

!!!!!!!I'm pretty sure that doesn't say 'ignore then park there another 200 times'

It just says IGNORE IN SCOTLAND. no qualified statement. And CARLY is an inspiration and she will CONTINUE TO FIGHT TO THE END.

Whose side are you people on?!?? Where is the support for a young lass who is now £24500 in debt to an English firm of scum?!?

CouponMad, I want to know WILL YOU BE RETRACTING YOUR STATEMENT AND ALSO YOUR LIBEL, AND WILL YOU CONTRIBUTE TOWARDS THE £24500 FINE OWED?

Ryandavis1959

Half_way wrote: »

A qiick one on plants:
After being on here for a few years, ive seen a few antics from private parking companies, with parking companies possibly even taking relatives and friends to court to use as plants, and winning against them. the reality being that the friends/relatives/associates do not lose out anything, and the parking company can point and say we took so and so to court, complete with a convoluted forum posting. While this may costs the PPc in time/effort and court fees they gain a valuable piece of PR which will encourage others to pay up.
So when odd/unusual cases crop up, and the question are you a plant/related to the parking companies crops up, or is hinted at don't be offended, parking companies will stoop lower than you would think.

Next:
With residential cases its usually pretty clear cut, however those at the receiving end of things need to be pro active before things get out of hand
I have said in the past why not play a game of PPC ticket collecting? however this is only and only after checking that everything is clear, that:
The driver has permission to park there which is either from the landholder ( ie flat owner) or via a lease/freehold/tenancy etc, this is often referred to as primacy of contract
Then other things need to be looked at, such as signage, although the signs are junk/worthless if the main contract overrides things.
As ever when faced with residential issues you need to be pro active and tell the management company( factor in Scotland?) right from the start that you dont agree to the permit scheme/are opting out and have only been displaying a permit, as well as the fact that there is a contract in place which overrides any additional rubbish placed by a third party contractor.

As beamnerguy stated:
going forwards the amount being demanded is absurd, and needs appealing if possible.
It would also be worth looking at point 2 made by beamerguy, with regards to the 200 plus tickets which would require a separate request from the DVLA, as there could be a data protection act breach issue at play here.
If and if there has been a data protection act breach, say 199 times and if this has been checked then the victim could in theory put a separate claim in for each DPA breach this could net £250-£750 per DPA breach which would more than off set the amount being demanded.
Or as an alternative the whole thing could be appealed, the PPC doesn't contest the appeal on the basis that Carly wont claim for any DPA breach ( or other breach)
Not too sure if the above would be possible, but it would offer a way out for both the PPc with theDPA breaches ( if they have occured) and Carly, who despite her ordeal shouldn't be any worse ( or better) off, re-setting everything back to zero.

Lynzer on pepipoo produced two guides with regards to residential parking here
Info

Again - you really need to be pro active in dealing with PPCs especially on residential sites
Hopefully Carly ( if thats her name) will want to fight this, however i fear that she may want to use the whole experience and play the poor victim card ( as has happened with others in the past)

GOOGLE IT CARLY MACKIE 2015 NEWSPAPER ARTICLES

DOES THAT LOOK LIKE A DISHONEST PERSON?

DO YOU THINK SCOTTISH LEGAL SYSTEM GIVES LEGAL AID TO A PLANT?


THIS DEBT IS VERY REAL AND HAS RUINED A YOUNG WOMANS LIFE AND ALL YOU PEOPLE CAN SAY IS THAT SHE IS A PLANT?

YOU DONT EVEN BELIEVE SHE IS A REAL PERSON.

THIS IS A REAL PERSON AND ALL YOU CAN DO IS PUT HER DOWN AND DEHUMANISE HER WHEN WHAT SHE NEEDS IS RESPECT AND FINANCIAL AID

This case could have gone either way and all people want to do is snipe a young person who had the courage to stand up for what she believes in!

:mad::mad::mad::money::mad::mad:

waamo

Nobody has said parking tickets in Scotland are unenforceable. I linked to an article from 2008 that shows they clearly are. They are best ignored so that the registered keeper cannot mistakenly identify the driver.

Without the drivers name the PPC has a mountain to climb in Scotland.

Carly clearly, at some point, engaged with the company else how did they know she was the driver? That was a mistake.

This site has never advocated wanton parking. 200 tickets is bound to attract attention and the law will show little sympathy for flagrant abuse.

As for fighting to the end my advice is give up now. She will be throwing good money after bad.