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ES Parking/Gladstone - assistance please

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Comments

  • Mouse007
    Mouse007 Posts: 1,062 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    edited 24 January 2023 at 11:38PM
    and hopefully when you stand back and look at this from a distance you can only come to one conclusion
    When you have eliminated all which is impossible, then whatever remains, however improbable, must be the truth
    This is nothing but a scam
    The signs form the contract between yourself and our Client.
    and the solicitors are in on it

    BBC WatchDog “if you are struggling with an unfair parking charge do get in touch”


    Please email your PCN story to watchdog@bbc.co.uk they want to hear about it.
    Please then tell us here that you have done so.

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 24 January 2023 at 11:44PM
    maralions said:
    I honestly don't understand - how can you have a sign up saying no stopping, plus additional signage on the road saying that loading is allowed? Which one trumps the other?
    Read Section 69 of the Consumer Rights Act 2015.

    Here it is in its entirety....
    69 Contract terms that may have different meanings

    (1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.


  • KeithP said:
    maralions said:
    I honestly don't understand - how can you have a sign up saying no stopping, plus additional signage on the road saying that loading is allowed? Which one trumps the other?
    Read Section 69 of the Consumer Rights Act 2015.

    Here it is in its entirety....
    69 Contract terms that may have different meanings

    (1) If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.


    Great, so if they come back to me then I can quote this? The only thing is does the loading writing constitute a contract? I have included that their sign requires someone to stop to read it thereby breaching the contract and meaning that it's impossible for someone to actually abide by it.
  • Umkomaas
    Umkomaas Posts: 44,285 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Great, so if they come back to me then I can quote this? The only thing is does the loading writing constitute a contract? I have included that their sign requires someone to stop to read it thereby breaching the contract and meaning that it's impossible for someone to actually abide by it.
    Can we take it that you are doing all this in your father's name, not 'on behalf of'?
    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
  • Coupon-mad
    Coupon-mad Posts: 160,338 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 25 January 2023 at 1:35PM
    Only thing is does the loading writing constitute a contract?  
    Yes; it is a term, an offer of value (the right to unload).

    The CRA 2015 absolutely applies. Here is some wording I suggested in para 5 of this person's defence:

    https://forums.moneysavingexpert.com/discussion/comment/79783636/#Comment_79783636


    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
  • Umkomaas said:
    Great, so if they come back to me then I can quote this? The only thing is does the loading writing constitute a contract? I have included that their sign requires someone to stop to read it thereby breaching the contract and meaning that it's impossible for someone to actually abide by it.
    Can we take it that you are doing all this in your father's name, not 'on behalf of'?
    Yes, I'm using my email address which may have my name on, but all correspondence is signed in his name.
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