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LBC stage but who is my parking contract with?

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  • Coupon-mad
    Coupon-mad Posts: 152,081 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 July 2020 at 3:11PM
    Tell us more!  What does the Judgment or Order say exactly...
    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
  • Surferone
    Surferone Posts: 24 Forumite
    10 Posts First Anniversary
    Well, it’s an interesting one because I was trying to clarify on here whether the landowner had ever given permission to Armtxxc to pursue me. I was told on here that they could as my contract was with Armtxxc, but I insisted on the contract between the landowner and the PPCto be produced. Long story short, they couldn’t and the PPC failed at the first hurdle. The judge decided that no such permission existed and that Armtxxc had no permission to even operate at Sandy Acres car park, Cornwall.
    The judges summary is quite complex (to me), but in essence demonstrates that any agreement with the landowner was invalid as it was informal and that the person representing the land did not in fact have that authority. From my meagre understanding of law, the PPC have no rights to even operate at Sandy Acres. I quote:’...the claimant had no authority to manage the car park and specifically, for the purpose of this case, no rights to issue and enforce the PCN, nor to seek recovery..losses etc..’
    District Judge Middleton Truro County Court 3/7/20

    The claimant was represented by a certain bwlegal😉

  • Coupon-mad
    Coupon-mad Posts: 152,081 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 July 2020 at 3:24PM
    Please show the order!    The Judge means there was no EVIDENCE that they had landowner authority, not that they didn't have it at all.  IMHO, most Judges now say this is fatal to a claim.

    Well done - but you should never have agreed to the case being heard 'on the papers'!!  You were meant to object and wording for that was on the forum in June, posted by me in the TELEPHONE HEARINGS thread.  Not needed now but this was hugely risky and you got lucky, you were meant to say ''no thanks'' and ask for a later hearing or by telephone!
    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
  • Surferone
    Surferone Posts: 24 Forumite
    10 Posts First Anniversary
    Coupon, by show the order, do you mean the actual ruling/judgement as posted to me today. In the lengthy summary the judge appears to state that there never was authority for the PPC to operate.
  • Fruitcake
    Fruitcake Posts: 59,463 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 7 July 2020 at 3:57PM
    Yes. Redact your name but post all the judgement including the court case number and name of the court.

    Well done by the way.
    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
  • Umkomaas
    Umkomaas Posts: 43,386 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could have a potentially tasty claim against the PPC for breach of the GDPR/DPA as well as hitting them hard via the DVLA and the BPA. 
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    District Judge Middleton Truro County Court 3/7/20
    The claimant was represented by a certain bwlegal😉
    Well done, Truro is not a happy place for BWLegal.  As usual, they bring claims they know nothing about ??  
  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The PPC has wasted your,  ti now waste theirs, consider a claim for a data breach
    You never know how far you can go until you go too far.
  • Surferone
    Surferone Posts: 24 Forumite
    10 Posts First Anniversary

    Claim number
    F1DP92KF
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