Court date tomorrow: any final tips, tricks and advice?

patient_dream

100% 95Rollers

We are only talking about the parking industry here. An industry which is not regulated yet makes up figures as they go along.
It is NOT a RIGHT as there is no legal authority

The new code BANS such charges and that will be the law. When it goes to Parliament, how many MP's will agree with the ban, I would say all of them. Mr O'Brien clearly has his agenda and that will stay

When it goes to court what will a Judge do ?  Agree to a fake charge which is double recovery from an un-regulated industry  or ..... what government is now saying ... IT'S BANNED ?

The latter will probably be the case

95Rollers

AnotherForumite said:

The a move has been debated to death, so I won’t get into it again. 

The point I was making is that the draft code will not change anything in law (a contract is a contract), except where the operator is seeking DVLA data.

So why bring it up then?!? 

The FACT it is on track for being eradicated is evidence in itself that it was NEVER just or fit for purpose so definitely adding this to the plethora of evidence including multiple previous judgments/ strike outs that it is an Abuse of Process.  So much that the UK Govt had to step in like they did on clampers. Which funnily enough became PPCs. 

Facts and Stats don't lie.  Your parking using the court as "tool" and I will use truth.

The only "motorists" and "landowners" who said otherwise  were found out to be fraudulent survey entries from the parking industry itself!!!!  Like you say "done to death".

AnotherForumite

patient_dream said:

100% 95Rollers

We are only talking about the parking industry here. An industry which is not regulated yet makes up figures as they go along.
It is NOT a RIGHT as there is no legal authority

The new code BANS such charges and that will be the law. When it goes to Parliament, how many MP's will agree with the ban, I would say all of them. Mr O'Brien clearly has his agenda and that will stay

When it goes to court what will a Judge do ?  Agree to a fake charge which is double recovery from an un-regulated industry  or ..... what government is now saying ... IT'S BANNED ?

The latter will probably be the case

I repeat, the new code will not apply to anyone that does not require DVLA data.

patient_dream

AnotherForumite said:

The above has been debated to death, so I won’t get into it again. 

The point I was making is that the draft code will not change anything in law (a contract is a contract), except where the operator is seeking DVLA data.

I guess you are talking about the extra paragraph added to signs after the BPA code of practice said they could add the fake. The ones in small letters ?  

So are you saying that those operators who retain data and do not apply to the DVLA have some sort of Exemption 
That really opens up a can of worms

patient_dream

AnotherForumite said:

patient_dream said:

100% 95Rollers

We are only talking about the parking industry here. An industry which is not regulated yet makes up figures as they go along.
It is NOT a RIGHT as there is no legal authority

The new code BANS such charges and that will be the law. When it goes to Parliament, how many MP's will agree with the ban, I would say all of them. Mr O'Brien clearly has his agenda and that will stay

When it goes to court what will a Judge do ?  Agree to a fake charge which is double recovery from an un-regulated industry  or ..... what government is now saying ... IT'S BANNED ?

The latter will probably be the case

I repeat, the new code will not apply to anyone that does require DVLA data.

Maybe then you should show everyone where it says that

Jenni_D

AnotherForumite said:

patient_dream said:

100% 95Rollers

We are only talking about the parking industry here. An industry which is not regulated yet makes up figures as they go along.
It is NOT a RIGHT as there is no legal authority

The new code BANS such charges and that will be the law. When it goes to Parliament, how many MP's will agree with the ban, I would say all of them. Mr O'Brien clearly has his agenda and that will stay

When it goes to court what will a Judge do ?  Agree to a fake charge which is double recovery from an un-regulated industry  or ..... what government is now saying ... IT'S BANNED ?

The latter will probably be the case

I repeat, the new code will not apply to anyone that does not require DVLA data.

I repeat, I think you're wrong - the new code applies to all Notices of Parking Charge, howsoever derived. If I'm wrong, please identify the section of the new CoP / Parking Bill / guidance notes which supports your belief.

PS - I think you meant what I've edited above, and that is what I've replied to. Otherwise your sentence makes no sense.

BrownTrout

AnotherForumite said:

patient_dream said:

100% 95Rollers

We are only talking about the parking industry here. An industry which is not regulated yet makes up figures as they go along.
It is NOT a RIGHT as there is no legal authority

The new code BANS such charges and that will be the law. When it goes to Parliament, how many MP's will agree with the ban, I would say all of them. Mr O'Brien clearly has his agenda and that will stay

When it goes to court what will a Judge do ?  Agree to a fake charge which is double recovery from an un-regulated industry  or ..... what government is now saying ... IT'S BANNED ?

The latter will probably be the case

I repeat, the new code will not apply to anyone that does require DVLA data.

None of this was on the publicly made available taped recordings of the BPA and IPC AOS meetings? held in the last week

patient_dream

BrownTrout said:

AnotherForumite said:

patient_dream said:

100% 95Rollers

We are only talking about the parking industry here. An industry which is not regulated yet makes up figures as they go along.
It is NOT a RIGHT as there is no legal authority

The new code BANS such charges and that will be the law. When it goes to Parliament, how many MP's will agree with the ban, I would say all of them. Mr O'Brien clearly has his agenda and that will stay

When it goes to court what will a Judge do ?  Agree to a fake charge which is double recovery from an un-regulated industry  or ..... what government is now saying ... IT'S BANNED ?

The latter will probably be the case

I repeat, the new code will not apply to anyone that does require DVLA data.

None of this was on the publicly made available taped recordings of the BPA and IPC AOS meetings? held in the last week

Agreed. The simple fact is that ALL MP's will vote this bill through on behalf of their constituents and motorists and to stop their email boxes being filled with complaints about the fake charges

Umkomaas

Good luck to the advocate trying to explain the nuance between a case where data was acquired via the DVLA and one where it was not, and why (if AF is correct) one attracts debt collection charges and the other doesn't. Especially when many turn up having little clue about their main brief!

Jenni_D

Umkomaas said:

Good luck to the advocate trying to explain the nuance between a case where data was acquired via the DVLA and one where it was not, and why (if AF is correct) one attracts debt collection charges and the other doesn't. Especially when many turn up having little clue about their main brief!

Which I don't believe they are.