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Court form received help requested

14647484951

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 5 August 2021 at 8:15AM
    Really well done and we all appreciate the feedback !! It really is a brilliant outcome despite any set backs

    Plus you are now very well prepared for fighting them in future over the new PCN plus any more , plus any court claims , where you should consider a counter claim to be submitted with your Defence !! Really make them pay !!

    Frankly , I am over the moon after reading your account this morning , so thanks again  😁😁😁😁

    Another one bites the dust !! UK CPM lose again !!

  • Jenni_D
    Jenni_D Posts: 5,435 Forumite
    1,000 Posts Fourth Anniversary Name Dropper Photogenic
    Well done.

    On the next PCN, irrespective of primacy of contract ... regarding the upside-down permit: do the signs make it clear how the permit must be displayed. :)
    Jenni x
  • Jenni_D said:
    Well done.

    On the next PCN, irrespective of primacy of contract ... regarding the upside-down permit: do the signs make it clear how the permit must be displayed. :)
    Haha that's a good one. Will bear that it mind. 😄. 



  • Thankyou everyone. You've all been amazing!!!. I'l keeping you updated as I keep on this journey. Iv learnt so much throughout the roller coaster of emotions. A heartfelt thankyou to everyone . Let's see what happens now next....
  • Le_Kirk
    Le_Kirk Posts: 24,702 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Well done, a good outcome or as much as you could have hoped for, certainly getting back your set-aside fee and some level of other costs.
  • Coupon-mad
    Coupon-mad Posts: 152,835 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 August 2021 at 3:04AM
    Well done, £400 back in costs and they’d have paid a similar sum to the hapless rep!  BRILLIANT.

    When you get your Order confirming £400 costs, take a copy and use it attached to your reply to the PPC about any new PCNs and tell them to ‘cease and desist’ as you are a freeholder and they are trespassing and you have already won in court over a similar case and they had to pay £400 costs to you for unreasonable conduct.

    Tell them do they really want a repeat - ‘round two’ and expect a different outcome?

    Or are they going to now remove your bay from all ‘patrols’ because you do not want and have never consented to them trespassing and running a business in your bay and renting it out to all comers at £100 a day.  Your permit may or may not be displayed but they are not authorised to touch your car or bay or take photos of vehicles in it.

    ...and please send an email full submission of answers and your evidence about what you have suffered to the MHCLG in response to the Consultation ( see separate thread now!).  It’s only open for 3 more weeks.

    The Government want to impose the highest £100 PCNs at residential estates yet have proposed zero safeguards to exempt residents, who are always the targets.  The Appeals Charter has been criticised here, because that just rewards the PPCs at least for £20, for PCNs they should never be issuing at all.  

    White lists (exemption, no need to appeal) MUST be mandatory at permit sites and no expectation of displaying a paper permit as that sets people up to fall every day when they shut the car door.

    Do the Consultation ASAP by email with attached evidence (the MHCLG like evidence).

    We also need people to contact their MP to ask questions about why the MHCLG appear to have performed a U-turn on their March promise to cap parking charges, and why instead they propose to fund the race to court at £70 a time from victims.

    It also breaks existing law. I just looked at the POFA Explanatory Notes (part of the legislation):


    221.Paragraph 4 provides that the creditor has a right to recover unpaid parking charges from the keeper of the relevant vehicle if the conditions set out in paragraphs 5611 and 12 are satisfied. The creditor is not obliged to pursue unpaid parking charges through this scheme and may seek to do so through other means but they may not use the scheme provided for here to secure double recovery of unpaid parking charges (paragraph 4(6)), nor will they have the right to pursue the keeper, as opposed to the driver, of the vehicle where they have sufficient details of the driver’s identity. The right to reclaim unpaid parking charges from the vehicle keeper does not apply in cases where the vehicle has been stolen before it was parked, (paragraphs 4(2) to (3)), or in certain circumstances where the vehicle in question was a hire vehicle (paragraph 4(7)). The creditor may not make a claim against the keeper of a vehicle for more than the amount of the unpaid parking related charges as they stood when the notice to the driver was issued (paragraph 4(5)).


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  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Can you please canvas other residents who might be thusly inconvenienced, PPC have no place in residential car parks.
    You never know how far you can go until you go too far.
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    That is brilliant  :). There was always the worry about if you ever wanted to sell as well as the ongoing hassle. That has now gone.

    You have well and truly got that monkey off your back. Well done. :)  

    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 43,437 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Just watch you don't get the parking weasel's van parked there from time to time!

    Well done on your success. 👏
    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
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