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Im going to court!

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Comments

  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
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    Azrael125 wrote: »
    I cant find the case in Google currently if anyone on here can link to it would be appreciated.

    http://www.parking-prankster.com/more-case-law.html

    CS049 on the list.
    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
  • Azrael125
    Azrael125 Posts: 71 Forumite
    Third Anniversary 10 Posts Combo Breaker
    edited 2 May 2019 at 12:36PM
    *deleted"* already posted.
  • Azrael125
    Azrael125 Posts: 71 Forumite
    Third Anniversary 10 Posts Combo Breaker
    edited 2 May 2019 at 12:49PM
    Umkomaas wrote: »
    Thanks,I was actually referring to Horizon VS Philip Jennings which I cannot find. I can find Excel vs Nick Jennings

    Ignore please seems I am familair with Horizon case,and did indeed cite it in my previous WS,but didnt have his full surname..
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Horizon VS Philip Jennings
    Never heard of that one, but if all these are county court cases they have no clout.
    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
  • Azrael125
    Azrael125 Posts: 71 Forumite
    Third Anniversary 10 Posts Combo Breaker
    edited 2 May 2019 at 4:15PM
    Coupon-mad wrote: »
    Never heard of that one, but if all these are county court cases they have no clout.

    It seems that Phillip Jennings must be the Horizon vs Mr J at Guildford case I assume,as I cited Mr J at Guildford in my WS at previous hearing on grounds of forbidden parking/permit holders only. How they have his full name I dont know.
    They are basically saying the jdugement in that case doesnt apply because I am a regular use of car park threfore know terms and if it was forbidding I wouldnt park there lol. *logic fail*
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Where did you find that one, in a Prankster blog?
    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
  • Azrael125
    Azrael125 Posts: 71 Forumite
    Third Anniversary 10 Posts Combo Breaker
    edited 2 May 2019 at 8:24PM
    Coupon-mad wrote: »
    Where did you find that one, in a Prankster blog?

    I dont recall where I found it or how, but it is on there yes https://parking-prankster.blogspot.com/2016/11/horizon-parking-youve-been-gladstoned.html

    Edit to add:Gladstones brought that case and also mine so that is how they have the ful name.
  • Azrael125
    Azrael125 Posts: 71 Forumite
    Third Anniversary 10 Posts Combo Breaker
    Can someone remind me of the "cannot assume keeper is driver" rule? Also as they are stating on most recent Ws that I have parked many times,am I right in thinking if they then go to DVLA for keeper details they are in breach of a code? It may be good to just throw that in the mix.
    Not sure this would apply to present case as they are referring to alledged further PCNs of which no evidence is supplied.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Can someone remind me of the "cannot assume keeper is driver" rule?
    search the forum for Witness statement Henry Greenslade and you will find someone's written before.
    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
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Azrael125 wrote: »
    Also as they are stating on most recent Ws that I have parked many times,am I right in thinking if they then go to DVLA for keeper details they are in breach of a code? It may be good to just throw that in the mix.
    Not sure this would apply to present case as they are referring to alledged further PCNs of which no evidence is supplied.

    they have to pay for & get the keepers details each time they wish to issue a pcn to a keeper , regardless (under their KADOE contract)

    they cannot create their own database and bypass the DVLA , especially as keepers can change etc

    they may well hold the data for a period of time, but it does not absolve them out of paying for new details each and every time, if they didnt ask the dvla each and every time , they are in breach of their KADOE contract, hence why you ask the DVLA for all the times the keeper data was accessed , then compare it to what is alleged (then you notify the DVLA of any breaches)
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