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9 months after alleged parking contravention I get a Final Reminder from Excel!
Comments
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grumpyawldwifey wrote: »here we go again, round 2.
Different advocate this time.
Wish me luck.
Dj davies this time.
good luck to you0 -
Good luck - please let us know how it turns out.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 Street0 -
I lost boo hoo.
I'll write a fuller account later.0 -
So, in a nutshell, the judge accepted that my circumstances were unfair, however, agreed with the advicate, Mr Worswick that I knew the terms and conditions of parking, that there was sufficient and adequate signage AND that the law of agency applied so I . Iended up being liable for my family members' charges too.
She stated that the parking company were not luable for the Premier Inn's failure to meet the needs of people with disabilities and it was they we should pursue for breach of the EA.
Thecadvocate argued that by entering the carpark, the contract was formed and that I should have made further efforts to pay e.g. asked the hotel for change. Also that as I admitted I was probably the driver on the first occasion when the paygo facility did not work, I should have told them I was the driver so they could have allowed me to go through the appeals process.
The judge said that the breach of DPA by Excel was irrelevant to the case.
Mr Worswick also cited Beavis as case law that confirmed thst the actual contract between the landowner and the PC did not need to be produced (he did not furnish me with a copy of the relevant paragraphs).
I'm afraid that I got disoriented during the hearing (4 hours) and could not come back with contradictory case law ti challenge.
I haven't slept properly since for thinking about what I should or could have said.
We shall be taking up the issue with Premier Inn's . If anyone could point me towards guidance for that I'd be grateful.0 -
Wait, he accepted agency for FAMILTY BUSIINESS?
DId you not say this only applies in a COMMERCIAL relationship???!?!?!
Ensure the CCJ is paid promptly
Send PI a Letter before action, which includes the amount of the CCJ as direct damage for their failure to make reasonable adjustmenets.0 -
Such a shame and the lady Judge probably has not yet got to grips as to the scam.
There are still judges around living in the dark ages
The Premier Inn should accept responsibiltiy regarding the EA0 -
nosferatu1001 wrote: »Wait, he accepted agency for FAMILTY BUSIINESS?
DId you not say this only applies in a COMMERCIAL relationship???!?!?!
I did but he provided Excel V Nick Jennings - C6QZ0T47 at Stockport 27 Feb 2017, paras 8 and 9.
https://www.dropbox.com/s/cv75fxcasg7c5mf/Excel%20v%20Jennings.pdf?dl=00 -
That is a SERIOUS error in law. That is plain wrong.She stated that the parking company were not luable for the Premier Inn's failure to meet the needs of people with disabilities and it was they we should pursue for breach of the EA.
Did you use the EHRC Equality Act Code of Practice for Service Providers?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 THREAD0 -
I did. In essence, her view was that they provide disabled spaces and 10mins grace and therefore meet their obligations - that their only service is to provide and police parking facilities in the town, not parking for a hotel or a pub or any of the other businesses in the complex. I argued that in fact, they were charging disabled people to access the hotel entrance. She stated that the hotel encourages people with disabilities to stay and, therefore, they are duty bound to make arrangements for those patrons, maybe they would pay Excel for parking spaces? I don't really know.0
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Sounds exhausting, and a case of a bad Judge. Maybe you were on a hiding to nothing.I'm afraid that I got disoriented during the hearing (4 hours) and could not come back with contradictory case law to challenge.
Which court?
They don't 'police car parks in the town' - they are meant to be 'service providers.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 THREAD0
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