IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including QR codes, number plates and reference numbers.
Court proceedings for auto repair visit
Comments
-
One more thought: I was reading the IPC Codes of Practice and suspect the PPC may have made a serious enough breach of dp (effectively by operating on land they're not authorised to operate on and pursuing RKs) that they may be eligible for a sanction... is it worth pursuing?0
-
Once all your ducks are in a row, yes, go for it. Unless it results in an outright suspension you will never know whether any, or some sanction points are issued.
I'd copy everything in to David Dunford of the DVLA so that he knows what's going on. I'm keener than ever that he is made aware of every legitimate issue people are having where there is some breach of a Code of Practice or the Law.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 -
Yeah, why not. Put something together and we'll have a look at it.would it be helpful for me to create and share a defence statement template that automatically takes care of formatting aspects? I could have a field at the top for people to enter their claim number, and some dummy text that people could easily replace..? One thing that took up some time was trying to get my numbering to do what I wanted it to do (alignment, formatting etc). so I wondered if it would take some of the faff out of that side of things. Just a thought .
Formatting and layout is discussed in the NEWBIES thread so whatever you produce needs to be in line with that - e.g 1.5 line spacing. Sub paras might be tricky to include in a 'template'
If you have a strong case for DPA breach then you should definitely pursue it. It can be very lucrative for you and damaging for the PPC - not just financially but by way of sanctions - as mentioned by Umkomaas above. Doesn't cost much to start a claim (which is why the PPCs abuse the system).!I was reading the IPC Codes of Practice and suspect the PPC may have made a serious enough breach of dp (effectively by operating on land they're not authorised to operate on and pursuing RKs)!
Let's get the current issue dealt with first, but if and when you start your own claim, this forum will assist, hopefully with the support of our legally qualified regulars0 -
Once all your ducks are in a row, yes, go for it. Unless it results in an outright suspension you will never know whether any, or some sanction points are issued.
I'd copy everything in to David Dunford of the DVLA so that he knows what's going on. I'm keener than ever that he is made aware of every legitimate issue people are having where there is some breach of a Code of Practice or the Law.
Yep. I think I need to park it and any DP claim for well after this particular issue is resolved. I wouldn't have thought to cc David Dunford, so thanks for that - definitely will make sure I do.Yeah, why not. Put something together and we'll have a look at it.
Formatting and layout is discussed in the NEWBIES thread so whatever you produce needs to be in line with that - e.g 1.5 line spacing. Sub paras might be tricky to include in a 'template'
Okay great, I'll take a stab at something and post it here - unless you think it's better to start a new thread. Will make sure I cross reference with the Stickies thread as advised. I misremembered the spacing as double spacing rather than 1.5 when I submitted my defence - probably made it look even longer! I was thinking with the sub paras, I'll avoid indenting them to keep things simple and clean looking. If whoever uses the template wants to have any sub-sub paras they'd have to do a bit more 'manual' formatting.
I'll see if I can whip something user friendly up. Worst case scenario is it's too clunky / unusable but it's worth a try I think.If you have a strong case for DPA breach then you should definitely pursue it. It can be very lucrative for you and damaging for the PPC - not just financially but by way of sanctions - as mentioned by Umkomaas above. Doesn't cost much to start a claim (which is why the PPCs abuse the system).
Let's get the current issue dealt with first, but if and when you start your own claim, this forum will assist, hopefully with the support of our legally qualified regulars
Yes, need to first establish whether I have a case, but even doing the defence statement has left me feeling a bit drained so will park all this until I've put this claim to bed.0 -
Hello everyone,
Just a quick update. Gladstones has sent me their version of the DQ, predictably asking for a paper trial, but also saying they're not offering mediation (as if I'd agree anyway!). The court also sent me my DQ but no copy of the "no hearing" form that was in Gladstones' letter asking for a paper trial. So I think that means I need to take the blank "No Hearing" form that Gladstones sent me and fill in that to send along with my DQ. The top half that the court is meant to fill in is completely blank but I've emailed the court to ask if they want me to fill it in for them, or just do my part.
In other news, I've received an intriguing reply from Network Rail. I don't have access to redacting software currently so I'm going to copy and paste, with apologies for the bad formatting:I have processed your request under the terms of the Freedom of Information Act 2000 (FOIA). I can confirm that we hold part of the information you requested. Perhaps the most straightforward way of addressing your request is to look at it question by question:
1. Does Network Rail have a legal agreement or contract with Parking Control Management (UK) Ltd to enforce parking on [Name of Road]?
2. If Network Rail does have a legal agreement or contract with this private parking company, please may I be supplied with a copy of the contract by email?
There is no contract between Network Rail and Parking Control Management (PCM) in connection with [Name of Road]. I realise this appears at odds with the facts that a) it is our land and b) PCM enforce the parking regulations that pertain to it. To explain a little further, we have a contract in place with a company called Interserve for the management of the site, they have then subcontracted the management of the parking to PCM.
We have considered whether in effect the contract between Interserve and PCM is signed by Interserve on our behalf and, in consequence, whether Interserve holds the agreement on our behalf. We have concluded, however, that the contracts Interserve signs in fulfilling its obligations to us are sufficiently separate to mean that, as per the Information Commissioner’s guidance, it holds the information in its own right.
3. Who is the Train Operating Company for [NAME OF ROAD]?
The franchisee is Abellio Greater Anglia.
4. Who is the landowner?
We are the landowner.
5. Is the roadway subject to byelaws? If so, what impact does this have on any contract Network Rail has with the aforementioned private parking company?
I can advise that our land, no matter who operates it, is subject to Railway Byelaws. The British Transport Police enforce these byelaws as required on any station infrastructure. As regards the second part of this question, as explained previously, we have no contract with PCM.
I am sorry I have not been able to supply you with all of the information you were looking for but I hope the explanation and information I have provided are useful to you. If you have any enquiries about this response, please contact me in the first instance at FOI@networkrail.co.uk or on 01908 782405. Details of your appeal rights are below.
Please remember to quote the reference number at the top of this letter in all future communications.0 -
Also re: the template, it needs simplifying (and having some technical issues) but I'm hoping to post something here for others to use if it's approved by the regulars once i get some time off work
And I nearly forgot... I received a letter from the DVLA last month that shows this PPC accessed RK details via DVLA two days after the parking event - their enquiry reason is listed as "Breach of terms and conditions of a private car park"
The letter also says the request was made electronically, with no supporting evidence provided by PCM. I'll scan the letter at some point because it's long (and a bit defensive to my eyes)
And last, last thing for now - I've requested Edmonton County Court.0 -
That is a significant piece of evidence from NR. Well played!
It pretty much nails the point that there is no contract with the landowner.
You can now start working on a 'drop hands offer' to Gladstone's - letting them know that you have this evidence without actually showing them it.
It would be foolhardy to say the least for them to continue with this case... Then again GS are so mind-numbingly incompetent I wouldn't put anything past them.
No need, we've seen loads of these pathetic responses from the DVLA. It's well known that are in bed with the big PPCs and fully support the parking scam.The letter also says the request was made electronically, with no supporting evidence provided by PCM. I'll scan the letter at some point because it's long (and a bit defensive to my eyes)0 -
That is a significant piece of evidence from NR. Well played!
A redacted version will be of great use as there will be lots of others with tickets for this road.0 -
I'd be happy to share the redacted version with everyone - it's the least I can do. (Might not be till the tail end of next week because I need access to Acrobat which is at work).
And that's great to hear. Question: if I do write them a drop hands letter, does that mean it's harder for me to start a claim against them for DP breaches?letting them know that you have this evidence without actually showing them it.
Re: not showing it to them - Is that because it's not air tight? Or is it because there's nothing to be gained by showing it?
I'm definitely going to include it in the letter I write to the IPC (cc David Dunford as was recommended by someone in this thread).
I'll have a trawl through the Newbies sticky later to see if I can find an example of a drop hands letter but for now, I'm guessing it's just basically telling them I have confirmation from the landowner that they don't have a contract with PCM and suggest that they drop the case. Planning to end it with the annoying phrase they used at me when requesting a paper trial: "We trust you agree."
The court has said I need to return DQ and give GS a copy by 19 October which is coming up quite soon so I should probably get a rig on!
Thanks Lamilad for your help0 -
Here's a good starting point:I'll have a trawl through the Newbies sticky later to see if I can find an example of a drop hands letter...
...and subsequent posts build on it.0
This discussion has been closed.
Categories
- All Categories
- 343.1K Banking & Borrowing
- 250.1K Reduce Debt & Boost Income
- 449.7K Spending & Discounts
- 235.2K Work, Benefits & Business
- 607.8K Mortgages, Homes & Bills
- 173K Life & Family
- 247.8K Travel & Transport
- 1.5M Hobbies & Leisure
- 15.9K Discuss & Feedback
- 15.1K Coronavirus Support Boards