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Finding of fact win

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Is it worth getting the Judges finding of fact transcribed in a recent win against the parking enemy? There are other cases pending so I’m not sure on the influence this would carry? 

P.s. Thank you to all the contributors on this forum. 
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Comments

  • D_P_Dance
    D_P_Dance Posts: 11,591 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I do not know the answer, but have you read this?

    https://www.citizensadvice.org.uk/law-and-courts/legal-system/small-claims/making-a-small-claim/

    Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

    Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up later this year,

    Just as the clampers were finally closed down, so hopefully will many of these companies, persistent offenders denied access to the DVLA database and unable to operate.

    Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

    http://www.legislation.gov.uk/ukpga/2019/8/contents/of these Private Parking Companies.



    You never know how far you can go until you go too far.
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    It would be nice to know the PPC and the Legal

    What was the "Judges finding of fact" ...... it will help others and your future cases.  Whilst no precendence is set, I'm sure Judges will take note of other judges
  • It would be great to read it but it is quite expensive to get a transcript - even when you narrow it down to a certain section.  
    If you have cases pending it might be worth it costwise  and if the circumstances are relevant I would include a copy in the court papers.  It would be interesting if one judge disagreed with another on tape!
    I had a recent GDPR case where I’d  written that a complaint had been made to the ICO.  The judge adjourned the case as she wanted to know what the ICO said.  The ICO has just agreed there was a breach and has written to the parking company and I’m waiting on the outcome of that.
    Phew - that was long but to summarise it may be worth it and very useful, but the cost may prove prohibitive. 
  • Coupon-mad
    Coupon-mad Posts: 152,064 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 January 2021 at 1:47AM
    Do get a transcript if you can afford it.  This will also help if you are fighting similar cases, and you could list the cost of the transcript as a cost for the other cases, if the Judge is on your side.

    AND - please now make a real difference - A TASK FOR SEPTEMBER.

    The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

    You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

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

    You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

    https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

    Please be heard.  You can bet the hundreds of PPCs will be commenting.

    No apologies for repeating this vital 'call for action' to consumers, on every thread this month!


    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
  • PPC is pacemaker and the so called legal reps are handbags and the gladrags. 

    Apologies for the cryptic information above but the director mr notsocharming mentioned this forum and my supposed CnP defence. No mention of them using wrong pics in initial bundle. He also seemed to think the BW legal appeal win on abuse of process was conclusive which it’s anything but. 

    Already commented on the draft COP. 

    Will put up judgement and transcript, once other claims are dealt with. The signs were not in the line of sight for the average driver. 
  • Coupon-mad
    Coupon-mad Posts: 152,064 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 22 September 2020 at 11:17PM
    Apologies for the cryptic information above but the director mr notsocharming mentioned this forum and my supposed CnP defence.
    But it doesn't matter. You are allowed to get advice online.

    I am glad you've done the two consultations because not enough people have yet!
    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
  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Thank you, a good report.

    Assume Mr Chapman of Pace has learned a lesson and will be very careful in future when he plays games with a court
  • Umkomaas
    Umkomaas Posts: 43,381 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Great win and thanks for not only purchasing the transcript, but for also sharing it with us here. A 'prudent and reasonable' parking firm would have realised they had no case to bring, but they are so full of their own sh*t, they think that they are entitled to anyone's £100 by simply sending a NtK!  Good on District Judge Robinson! 👏
    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
  • Snakes_Belly
    Snakes_Belly Posts: 3,704 Forumite
    Seventh Anniversary 1,000 Posts Photogenic Name Dropper
    edited 8 January 2021 at 7:01AM
    "23. Furthermore, I find the placing of the sign on the entrance of the car park in the manner described, being on the edge of the building and above immediate eye level, would be unfair if it was to be found to create a contract.  Therefore, considering Section 71 of the Consumer Rights Act 2015, I find any purported contract on this basis would therefore render the relevant terms pertaining the imposition of the penalty charging notice to be unfair."

    Thank you for obtaining the transcript. It is useful as a counter argument to the case that Excel and VCS cite (Shoe lane which is a barrier car park) that the contract is formed on entry to the car park. 

    The signage to the car park that I and others have fallen foul off could no way form a contract based on the above decision. 
     

    Nolite te bast--des carborundorum.
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