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Question. Why is this scenario "legal" and not a crime.. Baffled??

1246

Comments

  • Have you counterclaimed?

    Excel have a habit of taking it to the brink and then pulling at the last minute. If you counterclaim then the hearing has to take place. 




    No I did not counterclaim at the defence stage.  Am I too late at the WS stage?
  • Umkomaas
    Umkomaas Posts: 43,829 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Have you counterclaimed?

    Excel have a habit of taking it to the brink and then pulling at the last minute. If you counterclaim then the hearing has to take place. 




    No I did not counterclaim at the defence stage.  Am I too late at the WS stage?
    Yes. 

    What were you thinking of counterclaiming for?
    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
  • zhonguonuren
    zhonguonuren Posts: 478 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    You are amazing!  I would not counter claim but would start a fresh money claim online for breach of GDPR - ie keeping your personal data with no legal right and harassing you for payment causing you distress.  Follow the experts’ advice  first and when you win consider this course of action.  If you are Cornwall/South West London (or anywhere in between) I’ll offer to be your lay rep! 
  • You are amazing!  I would not counter claim but would start a fresh money claim online for breach of GDPR - ie keeping your personal data with no legal right and harassing you for payment causing you distress.  Follow the experts’ advice  first and when you win consider this course of action.  If you are Cornwall/South West London (or anywhere in between) I’ll offer to be your lay rep! 

    Thank you for your reply and very kind offer of lay support but sadly I am from an area with cheaper house prices.  (a nod to one of your posts).  And thank you for your very nice words. 
    Yes I had thought about a fresh claim online if I won.  As I have read in previous winning threads "They have wasted your time now waste theirs".  
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    edited 2 July 2021 at 5:59AM
    Is this the reflection of the ticket in the side window?




    The orientation is the same.

    Thank your friend for me.  It looks very much like it is, as there is nothing other than the ticket of that shape in my photo.
    As you say their image is of poor quality.  Thank you so much though.
    I did wonder in Excel's image what the object was that looked a bit like a chess piece. It must be the cobra looking object that is near the ticket on your image.

    I did not mean to offend when I said that they are scraping the barrel. This company went after me like a rat up a drain pipe. They are now trawling through old meritless claims hoping that they will be able to bully the defendant into payment with the threat of court action. It's a bit like a protection racket. Pay up or expect a lot of hassle. 

    A counter claim would have stopped them from pulling at the last minute. This is likely as they have done this before with these older claims. You put all the work in and then they pull.  

    Nolite te bast--des carborundorum.
  • Snakes_Belly
    Snakes_Belly Posts: 3,714 Forumite
    Eighth Anniversary 1,000 Posts Photogenic Name Dropper
    "Yes I had thought about a fresh claim online if I won.  As I have read in previous winning threads "They have wasted your time now waste theirs"."

    If the claim gets as far as court you could possibly ask for costs for unreasonable behaviour.

    Their parking attendant surely must have seen that ticket. When their attendant photographed my car they took numerous photographs including the tax disc. I wonder if they have sent you all the photographs in their possession.     
       


    Nolite te bast--des carborundorum.
  • Umkomaas
    Umkomaas Posts: 43,829 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 2 July 2021 at 8:29AM
    I wonder if they have sent you all the photographs in their possession.
    Go to their website (as if to pay, but obviously don't), and check there. All the photos they have should be available there to view. 
    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


  • I did not mean to offend when I said that they are scraping the barrel. This company went after me like a rat up a drain pipe. They are now trawling through old meritless claims hoping that they will be able to bully the defendant into payment with the threat of court action. It's a bit like a protection racket. Pay up or expect a lot of hassle. 

    A counter claim would have stopped them from pulling at the last minute. This is likely as they have done this before with these older claims. You put all the work in and then they pull.  
    Thank you for replying.  NO offence taken just a bad attempt at a joke reply on my behalf - sorry.   


  • "Yes I had thought about a fresh claim online if I won.  As I have read in previous winning threads "They have wasted your time now waste theirs"."

    If the claim gets as far as court you could possibly ask for costs for unreasonable behaviour.

    Their parking attendant surely must have seen that ticket. When their attendant photographed my car they took numerous photographs including the tax disc. I wonder if they have sent you all the photographs in their possession.     
       


    Thank you.  I will seriously think about a fresh claim, if I win my case.
    I agree the attendant must have seen the ticket.   At first I thought I was PCNd because the ticket was not "in the windscreen" as per their parking board rules, but even though the ticket was flat on the dashboard it was viewable from the windscreen and all the parking details were clearly visible on the ticket.
  • I did wonder in Excel's image what the object was that looked a bit like a chess piece. It must be the cobra looking object that is near the ticket on your image.


    The image is a plastic sat nav holder.  

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