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BW Legal Claim Form Via County Court Business Centre please help?

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Comments

  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    Have you got any contact details please?
  • Gr1pr
    Gr1pr Posts: 10,670 Forumite
    10,000 Posts First Anniversary Photogenic Name Dropper
    edited 1 July 2024 at 10:12PM
    Google contestor legal, its that easy  ( edited )
  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Contestor Legal
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    yes I have sent them an email, and spoken with them they will ahve a look.

    no response from Parking company regarding my request for permit.
    even tho I contested last 9 PCNs.


  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I hope Contestor Legal can see grounds to appeal.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    I hope Contestor Legal can see grounds to appeal.
    They said it is appelable.
    I just don't know how will they do it.


    My last 4 appealed in the Independent appeal service. been dismissed.

    "The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.
    There is no dispute in this case that the Appellant is entitled to park on this site, or indeed that he is entitled to a permit in order to do so.
    However, the terms for parking are prominently displayed, and are clear and unequivocal; a valid permit must be clearly displayed at all times when parked at this site. There was no permit clearly displayed as required. It is always the responsibility of the driver to ensure that the permit is clearly displayed prior to leaving the vehicle unattended.
    The Appellant contends primacy of contract. There are two contracts in existence here; the contract between the landowner and the tenant (the Appellant) in relation to residing at the property and being allowed to park his car on the estate, and the contract between the landowner and the operator in relation to car parking restrictions and enforcement. These are two entirely separate contracts dealing with different matters. The fact that the Appellant has a right to park on the land does not detract from the fact that the landowner and the operator have a contract which includes enforcement of parking restrictions, including the area where the Appellant is allowed to park. Any contract between the landowner and the operator that alters the way in which the Appellant must park has no effect on the contract between the landlord and the Appellant. It does not alter that contract in any way, it simply imposes a further condition on the Appellant in relation to parking.
    Having considered all the issues raised I am satisfied that the operator has established that the Parking Charge was properly issued in accordance with the law and accordingly this appeal has to be dismissed."
  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
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    Eh?

    A court appeal is up to a higher Judge and is nothing like IAS! Literally nothing like it.

    Have you agreed for them to do the appeal?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    Eh?

    A court appeal is up to a higher Judge and is nothing like IAS! Literally nothing like it.

    Have you agreed for them to do the appeal?
    I have requested to appeal the Loss in court first.

    Then I will ask about my remaining tickets....
  • Manjaik
    Manjaik Posts: 83 Forumite
    10 Posts Name Dropper
    Manjaik said:
    I hope Contestor Legal can see grounds to appeal.
    They said it is appelable.
    I just don't know how will they do it.


    My last 4 appealed in the Independent appeal service. been dismissed.

    "The Appellant should understand that the Adjudicator is not in a position to give legal advice to either of the parties but they are entitled to seek their own independent legal advice. The Adjudicator's role is to consider whether or not the parking charge has a basis in law and was properly issued in the circumstances of each individual case. In all Appeals the Adjudicator is bound by the relevant law applicable at the time and is only able to consider legal challenges and not factual mistakes nor extenuating or mitigating circumstances. Throughout this appeal the Operator has had the opportunity consider all points raised and could have conceded the appeal at any stage. The Adjudicator who deals with this Appeal is legally qualified and each case is dealt with according to their understanding of the law as it applies and the legal principles involved. A decision by an Adjudicator is not legally binding on an Appellant who is entitled to seek their own legal advice if they so wish.
    There is no dispute in this case that the Appellant is entitled to park on this site, or indeed that he is entitled to a permit in order to do so.
    However, the terms for parking are prominently displayed, and are clear and unequivocal; a valid permit must be clearly displayed at all times when parked at this site. There was no permit clearly displayed as required. It is always the responsibility of the driver to ensure that the permit is clearly displayed prior to leaving the vehicle unattended.
    The Appellant contends primacy of contract. There are two contracts in existence here; the contract between the landowner and the tenant (the Appellant) in relation to residing at the property and being allowed to park his car on the estate, and the contract between the landowner and the operator in relation to car parking restrictions and enforcement. These are two entirely separate contracts dealing with different matters. The fact that the Appellant has a right to park on the land does not detract from the fact that the landowner and the operator have a contract which includes enforcement of parking restrictions, including the area where the Appellant is allowed to park. Any contract between the landowner and the operator that alters the way in which the Appellant must park has no effect on the contract between the landlord and the Appellant. It does not alter that contract in any way, it simply imposes a further condition on the Appellant in relation to parking.
    Having considered all the issues raised I am satisfied that the operator has established that the Parking Charge was properly issued in accordance with the law and accordingly this appeal has to be dismissed."
    this is regarding additional tickets I received.
  • Coupon-mad
    Coupon-mad Posts: 156,148 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 July 2024 at 4:38PM
    But... they are irrelevant. DON'T appeal those to the IAS!  that's not what needs doing.  Forget about those.

    I hope Jackson Yamba wins the appeal for you. The real appeal. Hopefully he wrote your grounds asking for permission?

    DON'T show us.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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