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Minster baywatch

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  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    edited 19 April 2018 at 10:25PM
    generally speaking , we try to protect people from blabbing about who was driving as usually its better if they protect the identities by choosing to use the terms THE DRIVER and THE KEEPER, as generally we are advising them as KEEPER and not to mention who was driving when on a public forum like MSE

    in fact, prople are too fast and loose with information on the internet , especially f*cebook and public forums , you need to be net savvy and never give out personal information, including who was driving

    I did tell you that in this case it would seem that the driver would stand a better chance in court after it was explained in more detail and that the driver chose to leave due to the terms on the signage, with no intention to park

    it seems that the BMPA drew the same conclusion, plus I still believe that the driver can tell this to a judge and that judge may take the view that the driver left in a reasonable time period, and did not park or accept the parking contract and should win the case

    if you are at the WS stage as mentioned above, then you need help with that, plus you should also be submitting evidence like signage etc too

    so you are in the minority where the driver is putting their case forward and not relying on keeper immunity under POFA2012

    you need to believe that we are trying to help you , BUT you need to learn to have a thicker skin and accept that most people would not be defending themselves as a driver, but as a keeper, which is why you are being criticised for giving out too much information on the internet

    its easy enough to write THE DRIVER instead of the words "ME , MYSELF & I" , just like MP,s dont mention other peoples names in parliament, they talk about "the member for Huntingdon" (or Grantham) etc , or they say "the right honourable member opposite , or MR SPEAKER or THE PRIME MINISTER etc - third party speak - lawyer speak if you like

    but as you are admitting to being the driver, do your paperwork based on a driver defending their own actions , and tailor the WS and the signage issues etc from that angle
  • Blossoms17
    Blossoms17 Posts: 49 Forumite
    First Anniversary
    Can I draw your attention to this which is on the honest John website : 'The way that these private parking tickets !!!8216;work!!!8217; is that it is all based on civil contract law. If a motorist breaches the advertised terms and conditions then the PPC will either seek !!!8216;damages!!!8217; or a !!!8216;contractual sum!!!8217; for that breach. Only the driver is potentially liable for the parking charge (but the 'keeper' can be held liable is the driver is not identified).'
    I've also read that driver keeper rule is only in Scotland not England and Wales.

    You see I have been trawling information and trying to gather my facts regarding this, and as for developing a thicker skin, I have taken advice given by some very helpful people on here and have always maintained the driver/keeper element as advised. However, the comments 'highlighting' any errors I've made are unhelpful and quite frankly, the whole process does incur an element of stress as most people do not know the law and it is a minefield out there. I am personally trying to focus on other things as I have a stressful job and am studying an MA along with moving house and counties but my attention is always dragged away by this niggling mosquito of a court summons and the injustice of it for being on a piece of land for 13 minutes which is why I've taken the company on. However, I don't have hours on end to focus on this and now wish I hadn't gone down this route which is my point.
  • Redx
    Redx Posts: 38,084 Forumite
    First Anniversary Name Dropper First Post Photogenic
    most of the stuff on his site is rubbish and way out of date

    the KEEPER liability can be correct in E & W since oct 2012 due to POFA 2012

    this isnt the samaritans, if you have done things wrong or said stuff you shouldnt have then it will be pointed out to you , for your education and for your future

    nobody is going to wrap this up in fluffy towels , we tell it warts and all so you get the actual advice you need, even if the medicine used tastes bad

    nobody who replies on here is going to mollycoddle you, but you will get straight talking and tough love if that enables you to get the advice you need , warts and all

    your personal feelings are not relevant , you wanted advice on l;egal mattersa and you got the best advise available, what you do with that advice is your concern , not ours

    we want you to win, so straight talking is what you get, any cuddles and trreats can come at the end of the process, not whilst in training

    even MARTIN LEWIS tells people off live on tv when they havent switched energy providers etc
  • Blossoms17
    Blossoms17 Posts: 49 Forumite
    First Anniversary
    Ha ha I don't need cuddles thanks but appreciate your honesty. I'm not bleating or asking for sympathy just straight forward talking in my own way. Thanks anyway.
  • Blossoms17
    Blossoms17 Posts: 49 Forumite
    First Anniversary
    By the way, the Scotland law vs England and Wales was off a legal website. This also highlights and illustrates why finding good info is such a minefield. Nuff said. My case is next week so will let you know ant outcome.
  • Blossoms17
    Blossoms17 Posts: 49 Forumite
    First Anniversary
    I won!!!' Thanks for all your help with this. :):)
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
    First Anniversary Name Dropper First Post Photogenic
    Blossoms17 wrote: »
    I won!!!' Thanks for all your help with this. :):)

    Very well done. :T

    Could you please give us a bit of a run down on how the case went.? Which court, who the Judge was, did MB field anyone - employee or legal rep (name?), did you have a hard time with the Judge, or did the MB rep get the hard time? On what basis did the Judge find for you.? Did you get your costs awarded to you at the end?

    All of this would be amazingly helpful to othe MB cases, some which are getting ever nearer to their court appearances.

    It's a good win v MB, because I think previously they've had some court success.
    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
  • Blossoms17
    Blossoms17 Posts: 49 Forumite
    First Anniversary
    Well it was all over in a matter of minutes but I believe it was district judge Wright in York county court according to the documentation I was sent. I didn't even get the opportunity to speak except to correct the representative from Gladstone's solicitors as she got two things wrong so I didn't get the opportunity to ask about her credentials. The judge was brilliant and basically used my statement that I could not have entered into a contract before being able to read the signage as i had to pull into the car park before reading. He stated that a contract cannot be entered into in ignorance and 'entering' the car park did not breach any contract with the claimants. The claimants representative got two things wrong as I said which was the amount they were claiming and the date of the alleged parking incident. She looked quite foolish and defeated after he declared there was no contract I thanked the judge and left. I didn't counterclaim as I got the result I wanted. I was 2 minutes over the 'grace period' justice has been done. It was a little stressful and I did lose sleep but I'm now very glad I fought these bullies as they would have had £100 of my hard earned cash or more for nothing! Thanks again guys. :)
  • Umkomaas
    Umkomaas Posts: 41,345 Forumite
    First Anniversary Name Dropper First Post Photogenic
    He stated that a contract cannot be entered into in ignorance and 'entering' the car park did not breach any contract with the claimants.
    Interesting - might be very useful not only to future MB court victims, but also as a point to explore for other motorists facing court cases.
    The claimants representative got two things wrong as I said which was the amount they were claiming and the date of the alleged parking incident.
    You really couldn't make this up. Jeez. :doh:

    Brilliant. Thank you so much for the detail, it will help forum regulars with future cases and other motorists reaching the court stage.
    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: 131,654 Forumite
    Name Dropper First Post Photogenic First Anniversary
    Wonder if he (as you mention a male Judge) is related to DJ Faye Wright who also sits at Skipton? She is totally up on the PPC scam!

    VERY well done, hope your MA studies are also on course!
    I am personally trying to focus on other things as I have a stressful job and am studying an MA along with moving house and counties but my attention is always dragged away by this niggling mosquito of a court summons and the injustice of it for being on a piece of land for 13 minutes which is why I've taken the company on.

    :T
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
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