5 days left for premier park to respond to my SAR request

beamerguy

Lupo26 said:

Okay. But if social distancing is still taking place in Sept I won't have anyone to look after my baby so would have to take her to court.

There was a case before lockdown where mum took her baby to court because she had no option.
The legal rep from Elms Legal spoke to defendant saying the judge will not approve bla bla

The judge was happy and then kicked Elms out of court for abuse of process.

Last heard was the Elms rep screaming down the phone, running off and it seems, never seen again

THE MORAL
 If you are approached by the legal rep before going into court, humour them but ignore them

Lupo26

Case now been relisted for Tue 15 Sept at 3pm 45 min drive from where I live. 
After school clubs aren't running and I need to be there to pick up my children from school noone else can due to social distancing. I could only attend court between 11am and 1pm to allow for dropping children at school and picking up. If this was my local court it wouldn't be such an issue but the travel time makes this really hard plus I have a baby in tow which makes everything take longer. 
Can I ask for a time I can make. This is getting ridiculous now. Alternatively I could be self isolating that week of the court date couldn't I? 

Umkomaas

Email the court and explain your predicament. These are unprecedented times, we don't have the answers to the questions people are asking which are way outside our orbit. Go to the source.

Coupon-mad

It's likely to be by telephone anyway but you will be with your kids at that time.

Also the TELEPHONE HEARINGS thread (did you miss it?) already gives you the words to use to reply to a court Order telling them that you are supervising children and have no 'quiet room' (and you can add that you can't attend in person except mornings)...

No link, go read that thread.  I replied on it only last month with the exact words you need.

Lupo26

Update
Sent another application in. Now waiting til there's a convenient slot time between 10.30 and 12.30 for hearing to allow for child care

Lupo26

got court date 19 October not at local court again annoyingly but it's at a convenient time so guess I can't put this off any longer.

so I have evidence of abuse of process so hopefully I'm presuming it'll all be very quick and I'll win. getting a bit nervous as it approaches.

Le_Kirk

Lupo26 said:

got court date 19 October not at local court again annoyingly but it's at a convenient time so guess I can't put this off any longer.
so I have evidence of abuse of process so hopefully I'm presuming it'll all be very quick and I'll win. getting a bit nervous as it approaches.

Is it a hearing F2F (annoying for your) or telephone/Skype/BTMeetMe?  If not F2F, it doesn't matter where the court is, so long as they have your phone number.  Don't rely on AoP to get the case dismissed; this is not happening recently and anyway the AoP was always designed to LIMIT the amount of payout in the event of a loss (and sometimes, as a bonus it was struck out) rather you need to rely on other points of your defence and witness statement, so read them and know then inside out and be prepared to argue your case strongly.

Lupo26

it's face to face. okay I also have poor signage as my defence so will print everything out and check I know it all. thanks.

beamerguy

Lupo26 said:

got court date 19 October not at local court again annoyingly but it's at a convenient time so guess I can't put this off any longer.

so I have evidence of abuse of process so hopefully I'm presuming it'll all be very quick and I'll win. getting a bit nervous as it approaches.

Abuse of process is not the magic key but it goes a long way to help. Depends on the judge and how much you impress this on a judge.  Most judges will not allow the fake £60 and it will depend on the rest of your evidence as to whether the case is dismissed.

It's not just your WS, as it's face to face, you have the opportunity to talk so, a crib sheet is vital so you don't forget anything. You will probably be better prepared than the legal rep they send

Coupon-mad

PLEASE CHANNEL YOUR ANGER ABOUT THIS PATHETIC CHARGE TO CHANGE THE WAY THE PARKING INDUSTRY WORK:

 

An urgent task – deadline approaching in a week or so:

Please now make a real difference because not enough people have yet, and time is running out. 

The Government is consulting for just a few more days, about a new statutory code of practice (CoP) and framework intended to rein in the rogue parking firms. 

Does it go far enough?  Read and comment on the draft CoP proposal and the enforcement framework consultation (two separate consultation documents).

HOW TO DO THE SUBMISSIONS:

BSI PAS 232 – COMMENTING ON THE CODE OF PRACTICE AS DRAFTED:

1.    You will need to register then log in, to comment on the CoP and enter an occupation even if you are retired or a homemaker.  

 

2.    Register, log into the BSI page, and download & read the cover letter here:

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

 

3.    Read the cover letter again and note the suggested extra questions... if you agree that, say, the 'loading/unloading and dropping off, asking for directions, and disabled people parking on double yellows as they can on street' activities listed should be exempt (not parking events, what do you think?) then please go to the Annexes at the end of the PAS Code and find the one about Exempt Vehicles and state what other activity you think should be added to the exempt list. 

 

4.    Download the PAS itself and start commenting on what you wish to say something about.  Quick links to each section appear on the left of your page. 

 

You don’t have to comment on everything, e.g. you might want to skip the definitions and focus on later sections, and certainly look at the Annex tables at the end that show things like consideration & grace periods and exemptions.

 

5.    Submit comments when you are happy with them. Don’t just ‘SAVE’ and forget!

 

THAT IS HALF THE JOB DONE!

THE MHCLG CONSULTATION IS EASIER AS IT IS JUST A LIST OF QUESTIONS. 

 

6.    You can do it first if preferred or pushed for time:

https://forms.office.com/Pages/ResponsePage.aspx?id=EGg0v32c3kOociSi7zmVqAVPfAOtwRxLhHRwQ610oElUMzhQSVo0WUQ4SERVSEZaUU9DTUhFQ1VMUy4u

If your answers exceed 4000 characters (approx. 500 words to a single question or 16000 words (approx. 2500 words) for all the questions below, you can email your answers to parking@communities.gov.uk as long as you state who you are.

 

THESE ARE THE QUESTIONS YOU WILL SEE, FOR RESPONSES TO THE FRAMEWORK:

Q1 Do you agree or disagree that members of APAs should be required to use a single appeals service appointed by the Secretary of State?

Strongly agree/Somewhat agree/Neither agree nor disagree/Somewhat disagree/Strongly disagree

 

Q1.1 Please explain your answer

(free text)

 

 

Q2 Please provide any other feedback on the determination of appeals, including the funding model and features that an appeal service should offer e.g. telephone or in-person hearings, the ability to submit evidence online

(free text)

 

Q3 Please provide any comments you have on the proposal to enforce the Code by combining the ATA’s existing audit procedures with additional safeguards.

(free text)

 

Q4 Please outline any alternative means by which the Code could be monitored and enforced. You may wish to cite evidence from other regulatory frameworks which are relevant.

(free text)

 

Q5 Please provide any feedback you have on the proposed governance arrangements for monitoring the new Code of Practice

(free text)

 

Q6 Which parking charge system is most appropriate for private parking?

 a) the Three-tiered system

 b) Mirroring the Local Authority system

(free text)

 

 Q6.1 Please explain your answer. You may, for example, wish to make reference to other deterrent frameworks (for example, for railway tickets or traffic violations)

(free text)

 

 

Q7 What level of discount is appropriate:

40% as is currently offered in private parking and suggested in the three-tiered system, or

50% as is offered in Local Authority parking?

a) 40%

b) 50%

 

Q7.1 Please explain your answer, including whether the discount should be set at a different level

(free text)

 

 

 Q8 How should the level of parking charges be set and how should the levels be revised in future?

(free text)

 

 

Q9 Do you agree or disagree in principle with the idea of the Appeals Charter?

Agree/Disagree

 

Q9.1 Please explain your answer

(free text)

 

 

Q10 Do you agree or not that the examples given in the Appeals Charter are fair and appropriate? Agree/Disagree

 

Q10.1 Please explain your answer.

You may wish, for example, to suggest additional cases to be covered in an Appeals Charter or query existing examples.

(free text)

 

Q11 Do you agree or disagree that the parking industry should contribute towards the cost of the regulation?

Agree/Disagree

 

Q11.1 Please explain your answer.

(free text)

 

YOU CAN INSTEAD GIVE MORE CONCISE ANSWERS ONLINE, USING THE MHCLG PAGE LINK.

Don’t forget that answering these questions is the easier bit…

Looking at the BSI PAS (the draft code of practice itself) involves logging in and submitting comments again, and again and again and takes more time!