IE Legal Total Parking Solutions

System

The case referred to is an MSE one where IES put in an application was for a Summary Judgement.

That OP AFAIK had less than 12 hours notice of the case but did turn up to defend it and got a 50% reduction plus a payment plan of £50/month.

The choice of the case won't be lost on some here and is an example of what happens to ostriches.

echo6

IES?

12 hours notice!!? I would expect to have more notice than that!

Can anyone point me to the process which would allow me to represent my son in court? Chances are we will both be present.

System

I would expect to have more notice than that!

You do. The ostrich only decide to read his paperwork 12 hours before when it was pointed out to him the effects of being an ostrich / not reading paperwork properly.

The sig below explains it all.

Umkomaas

echo6 wrote: »

A copy of the PRE-COURT NOTICE

hxxps://drive.google.com/file/d/1RtCefLg65qg5rLv0atQDWhJCJO796ZDi/view?usp=sharing

Debt collection letter - yet another no-win-no-fee solicitor using their ‘lawyer’ status to put the frighteners on. No different/no better than DRP, Zenith or ZZPS. See what others think.

https://www.ielegal.co.uk/debt-claims

Coupon-mad

echo6 wrote: »

Can anyone point me to the process which would allow me to represent my son in court? Chances are we will both be present.

Read other threads where trusted relatives, wives/husbands acted as lay rep, like you will (and yes he MUST attend with you, but you can speak and don't need to warn the court in advance of the hearing).

You do not have to say in advance that he will be bringing a Lay Rep (you) with him, but you will need to go to any hearing armed with the 'Lay Reps Right of Audience' proof, and successfully utilised in winning threads by Gin and Milk and JodeeMcD:

https://forums.moneysavingexpert.com/discussion/5533125

https://forums.moneysavingexpert.com/discussion/comment/71856136#Comment_71856136

They did it, so can you!

echo6

I have today replied to the Pre-Action Protocol for Debt Claims. The debt is disputed based predominately on the following
1) Inadequate signs to form the basis of a contract agreement
2) Inadequate sign to satisfy keeper liability under POFA
3) Defendant holds the believe he is entitled to use of the car park free as a resident at the university and is the holder of a parking permit
4) The disputed parking charge is incommensurate with the parking permit fee of £5 for year...and so forth

Provided documents
1. Copy of Swansea University Parking Permit (original will be produced as Exhibit Reference 1)
2. Copy of Swansea University Parking Permits Conditions of issue (Exhibit Reference 2)
3. Copy of insurance for compliance with permit conditions (Exhibit Reference 3)
4. Copy of GOV status evidencing MOT history and TAX for conditions of parking permit (Exhibit Reference 4).
5. (No physical copy provided) a copy of the British Parking Association Codes of Practice October 2015 Version 6 (in force at the relevant time of the disputed debts) is available here http://www.britishparking.co.uk/write/Documents/AOS/BPA_Code_of_Practice_-_October_2015_-_Version_6.pdf
6. Copy of Sign (ParkingEye v Beavis), example of clear signage (Exhibit Reference 5)
7. Copy of Data Protection subject access request letter dated 31st December 2017 to Total Parking Solutions Ltd (Exhibit Reference 6)

I have requested the following under Box I;
1) A plan showing where Signs are displayed
2) Details of the signs displayed
a. (size of sign, size of font, height at which displayed)
b. and when placed (time and date)
c. and any subsequent replacement, and when this was done (time and date)
d. Lighting arrangements and lighting up times
3) A copy of any alleged contract with the driver
4) Copies of all PCN notices issued by TPS in relation to the claimed disputed debt
5) ANPR operator procedure, and details of when quality checks took place for each PCN notice issued
6) All ANPR photographs in respect of the issued PCNs (as required by BPA CoP 22.3)
7) Written authorisation of the Land Owner in accordance with the requirement set out by Section 1 and Section 7 of the British Parking Associations Code of Practice. Signed Witness statements from a representative of the landowner or his agent.
8) Witness statements relating to each of the alleged debts
9) Details of what has been added to the Parking Charge, what that represents and how it has been calculated
10) All requests to DVLA in respect of each PCN issued by TPS in respect of this disputed debt

I attached an additional sheet in response to Box D outlining the reasoning for providing the documents and the deference arguments backing the request for each of the documents required from TPS.

I fully expect this to go to Civil Claims court. I have also stated that photographs and video will be produced as exhibits to demonstrate the inadequacy of the signs. Furthermore will produce google map satellite images as the site is adjacent to a construction site and the car park has been moved to accommodate the construction on at least one occasion, meaning the signs and lighting would need to have been moved also.

Coupon-mad

2) Inadequate sign to satisfy keeper liability under POFA
3) Defendant holds the believe he is entitled to use of the car park free as a resident at the university and is the holder of a parking permit

Ouch, don't you think #3 cancels out #2 because #3 tells them who the driver is/was?

echo6

No, there are other people insured to drive the vehicle. The parking permit is issued in respect of the vehicle.

Either way, I’m not to concerned if the court draws a conclusion about the driver at the time of the alleged infringements. The signage is still inadequate.