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Double Parking Charge Notice for "Not displaying a valid permit"

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Comments

  • Your choice of course ... you're only potentially limiting the help you could receive, but if you're OK with that who am I to complain? (Have you not seen the many other threads where people have happily complied with the request, and seen the subsequent really useful observations that have followed?)
  • Am I still within the required time frame if the hearing is on 20 November and I will send my WS tonight?
  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 November 2020 at 11:08AM
    I don't understand why you won't show their exhibits including photos and signage or even the name of the paralegal who signed the WS. 
    You still haven't told us if you received a copy of the scammer's alleged contract with the landowner or MA.

    Without sight of the redacted portions of their WS and exhibits, I have decided to bow out of this thread.


    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • @Fruitcake would you be comfortable if someone posted online your signature you use for banking, contracts, etc? I want to protect that.
    I'll post the agreement shortly. It's very weak so I'll built a nice WS around that too.
    The solicitors are BW Legal.
  • Here it is. It's very short and it's not as strong as I had thought before. Which is great!
  • And their appeal response. When I read the underlined passages it boils my blood again. That's why I vowed to not pay them a penny.
  • Umkomaas
    Umkomaas Posts: 43,772 Forumite
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    pastacolg said:
    Here it is. It's very short and it's not as strong as I had thought before. Which is great!
    No authority to pursue this to court in their own right (or even on the part of the landowner). 
    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
  • Were_Doomed
    Were_Doomed Posts: 699 Forumite
    500 Posts Name Dropper Photogenic
    edited 6 November 2020 at 12:35PM
    Umkomaas said:
    pastacolg said:
    Here it is. It's very short and it's not as strong as I had thought before. Which is great!
    No authority to pursue this to court in their own right (or even on the part of the landowner). 
    Bingo! You undermine their claim from the outset - pointing out that their claim has no legal foundation and therefore must be struck out. You also pursue this as unreasonable behaviour because they should have known (and their legal representatives must have known - they are supposed to be the experts after all) that the claim had no foundation (no contractual authority to pursue the alleged debt via court) therefore they have wasted both the defendant's and the court's time on a wild goose chase.
  • pastacolg
    pastacolg Posts: 75 Forumite
    Second Anniversary 10 Posts Name Dropper
    edited 6 November 2020 at 1:19PM
    How come they have no authority when it's explicitly stated that they are the enforcers of the PCN on this land? I would argue that they cannot enforce the payment from permit holders.
    I have already lost a case in the same car park but with Gladstones (for a silly reason though) https://forums.moneysavingexpert.com/discussion/comment/75326732/#Comment_75326732
    Granted I had not questioned their authority in the WS but I think I did so in my Defence. The judge didn't question it.

  • I'm thinking of bringing the following weak yet a common sense argument that the claimant acted in bad faith. As a parking employee must have had seen my car at the same spot many, many times throughout weeks prior the contravention - unless it was their first week of work at that car park.
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