Will they go to court or not?

Castle

Coupon-mad wrote: »

Now, on top of that grace periods argument, she can also argue two more things:

- that the car was moved within the site, so there were two parking events (then she points to the POFA - even if she's blabbed about who was driving, IMHO she can point to the will of Parliament about PCNs relating only to single parking events, and also nothing is there about made-up 'total stays'!)

- that circumspect, average drivers would perfectly reasonably take the ambiguous terms to mean that they can in fact park for a total of two hours, which she did not exceed. Any reference on the signs to 'total stay' is no doubt contradicted elsewhere by mention of 'parking' (check, it usually is, maybe instore/on the window or on the retailer's website?) and as such the terms are ambiguous as well as disingenuous.

It's also possible that the parking signs in KFC are different, so the driver had to stop and read them; or even better, it was a "Drive through" which wouldn't be parking, but an associated service.
(A case involving an "overstay" in a service station:-)
http://parking-prankster.blogspot.co.uk/2016/06/parkingeye-lose-in-court-signage-terms.html

rizla01

Wow.
(Somehow I knew you were female CM. I think we have conversed prior)

That is great advice and i appreciate you taking the time to make her position clear to me.

Just wondering is 'Its my local court and the town where the car park is situated' the answer that I provide when asking for my local court house?

I deplore the activities of this (and similar) bunch.
I escaped (Just ) having to pay a wheel clamping company due the intervention of Curry's once and the following week I parked up on the side road, for the whole of one Saturday warning people parking (And leaving the car park) to move their car or they will be clamped - release fee £80. I reckon I saved around 40plus that penalty despite a black 6'wide/tall heavy using intimidation to try to stop me.
I got a lot of very genuine 'Thanks' that day and I felt great. :T

Redx

my explanation, plus the CM and CASTLE explanations give you the methods by which the sc@mmers deviously ply their trade

you should have been getting up to speed on all of this in the 28 days following the NTK and appealing to PE , POPLA and complaining to the landowner too

now you have to get on board with all of this and get defending

the CCBC will allocate your local county court , so if asking for your local court you should be telling them which one it is , or asking for your nearest one

priort to oct 2012 when wheel clamping was abolished , you escaped car clamping

these sc@mmers have moved on to credit clamping , using the small claims court in a manner for which it was not intended

Coupon-mad

I escaped (Just ) having to pay a wheel clamping company due the intervention of Curry's once and the following week I parked up on the side road, for the whole of one Saturday warning people parking (And leaving the car park) to move their car or they will be clamped - release fee £80.

I reckon I saved around 40plus that penalty despite a black 6'wide/tall heavy using intimidation to try to stop me.

Legendary work! :T:T

rizla01

Redx wrote: »

the CCBC will allocate your local county court , so if asking for your local court you should be telling them which one it is , or asking for your nearest one

They also ask for me to state my reason?
Is 'Because its the closest one to me' sufficient or do I not bother?

Coupon-mad

You can state a reason, may as well.

System

Coupon-mad wrote: »

Why on earth so many retailers think this is a good plan of action, letting their customers get sued by such pariahs/ex clampers, is beyond me.

Why people like yourself feel you have the right to dump your car on land other people own as you please is beyond me. I bet if I dumped my lorry on your drive way you'd have something to say about it.

Retailers do it as a result of their goodwill being abused. My local Lidl only started to do it after too many people decided to treat it as free all day parking which actually stopped genuine paying customers from going. If you want someone to be angry at be angry at those who have abused the goodwill of the people who own the land.

beamerguy

Tarambor wrote: »

Why people like yourself feel you have the right to dump your car on land other people own as you please is beyond me. I bet if I dumped my lorry on your drive way you'd have something to say about it.

Retailers do it as a result of their goodwill being abused. My local Lidl only started to do it after too many people decided to treat it as free all day parking which actually stopped genuine paying customers from going. If you want someone to be angry at be angry at those who have abused the goodwill of the people who own the land.

Actually we would all agree but as you know, parking companies
go a step further and scam people.
If a car park was managed properly, we might just understand
why companies like Lidl use these people.
BUT, as Lidl fully understand the scam they employ, the question
is still ... "why do they do it" ???

In reality if Lidl went bust tomorrow, nobody would miss them
due to the immense competition around now, so do Lidl really
expect loyalty when they are disloyal to customers ???

nosferatu1001

State that it is at your local court as is the defendants right when they are an individual.

rizla01

nosferatu1001 wrote: »

State that it is at your local court as is the defendants right when they are an individual.

Thanks Nosferatu.
Thats what I decided in the end.Lol

Al ready for posting so lets see what follows.