I have now been approached by the Sunday Times for a quote about the case.
"Were loose" or "wouldn't happen in Germany" should see you right.
I have now been approached by the Sunday Times for a quote about the case.
Hi, I made it clear at the beginning that I wasn't looking for any credit on this – but I have now been approached by the Sunday Times for a quote about the case. This means that the Consumer Action Group will probably get a mention.
They wanted quite quickly – and signposting this message to see if anybody objects – because we had nothing to do with the case at all – we simply brought it to the attention of the press.
I don't want somebody to think that I am trying to ride on the back of somebody else's glory.
Firstly, thanks for allowing me a rapid escalation so that my post can be seen immediately. In fact am embarrassed that I'm being privileged in this way. I've already made it clear that are not hit a post about football – so everything I post is really off-topic. I don't even follow football! (I'll probably get a flaming now)
My fave NSC off topic thread title of all time was 'Coypu dilemma'.
You couldn't make it up! This forum covers everything.
IT IS ORDERED THAT
Judgment formally handed down - see attached;
ORDER-
(1) The claim is dismissed as being totally without merit. (The Claimants are warned that they may face an
application for a civil restraint order in the event that there are more claims which are dismissed in the same
manner).
(2) Pursuant to paragraphs 32, and 37 to 42 of the judgment, a copy of the judgment is sent to the following
persons or organisations who are invited to do as follows:
(a) The Claimants solicitors QDR Solicitors Limited are invited to report to the Court hy 1 st June 2020
their explanation or observation as to why it appears that Miss Leering may have misied the Court in her witness
statement.
(b) Mayo Wynne Baxter LLP of 3 Bell Lane, Lewes BN7 lJU are invited to report to the Court by lst June
20J 0 their observations on the authenticity of the commercial lease ref erred to in lhe judgment, and whether their
signature is authentic on behalf of the Debenham Property Trust.
(c) The Trustees of the Debenham Property Trust, Nicholas Debenham and Nicholas Charles Lear of the
Managing Trustees Office, 1 Marylebone Mews, London Wl G 8PU are invited to report to the Comt by 1 st June
2020 as to whether they authorised and instructed Mayo Wynne Baxter LLP to sign a lease on their behalf.
(d) The British Parking Association are invited to take steps to investigate OPS for breaches of its Code, in
relation to the matters raised in the judgment including allowing 5-minute grace periods and whether this would
be a breach of its code.
(3) The claimants pay the defendants costs assessed under CPR 27 point one four in the sum of £528.90 payable within 14 days after service of this order
days after service of this order.
Dated 05 February 2020
49. All this then is designed to make the agreement look authentic and reasonable,
but in my view, it is nothing but a dishonest sham and fraud on the public. On
any view, the Claimant cannot be said to have acted reasonably when dealing
with this Defendant who overstayed by 12 minutes.
As this would appear to be civil case rather than a criminal prosecution, the losing party has the option to appeal to a higher court. Watch this space.
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Is there any punishment more disproportionate to the offence than parking fines?
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People should start asking themselves what sleight of hand has been used to persuade supermarkets and shopping centres that their own customers are such a dangerous enemy that is worth fining them a week's shopping money to go into the pockets of private parking companies rather than being spent over-the-counter in shops and businesses which are struggling to recover from the current crisis.
I understand that the company One Parking Solutions may even have a mortgage on a helicopter! – Needs checking but I've heard it from more than one source.
For a few minutes overstay – maybe because you forgot or because your kids were difficult to get back into the car, you can end up with a devastating shortfall on your family budget for that week.
I think you need to decide whether you prefer this money to go into the hands of the Bounty Hunting industry or into the tills of small businesses which want to reopen and to employ their staff and put an end to the tax payer funded furlough system which has been so necessary recently.
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The case is much more detailed and much more damning than the article suggests. Here is the judgement:
IT IS ORDERED THAT
Judgment formally handed down - see attached;
ORDER-
See more
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Fantastic result. Well done to those two, standing up to a bullying company.
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What a story!! A Deputy District Judge (woohoo) orders £500 costs (wow) in a disputed Parking ticket case. Fascinating.
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Think you've missed the point, SPBB. Something similar happens to loads of people all the time up and down the country, but they are too intimidated and concede defeat. Maybe they won't be in the future. Bad news for the evil aggressive cowboy parking companies.
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It was a nice story; one that while small, touches many.
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Legalised bandits! Well done that lady!
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If you get a parking ticket on private land, bin it, and every letter that follows.
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Your logic being?
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I know someone who did that and the bailiffs came calling. Illegally as it happens but still hugely stressful.
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Quite right. We should all be allowed to park on private land for free. By the way, where do you live and do you have a drive?
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A trite comment which ignores the issues.
Have a look at the more serious discussions above
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Very bad advice - I’ve successfully fought 3 parking invoices from PPCs and it’s vital that you engage with the process in good faith. You need to have a moral high ground and look like the bigger guy should it ever go to court. In my experience if you sound like you know what you are talking about and make it quite clear you are prepared to go to court they bottle it more often than not.
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I'm sorry but that's the wrong approach. If you ignore correspondence, the parking company will sense an "easy kill" and are more likely to issue proceedings against you. You should send at least one letter making it clear that you will defend vigourously and that any victory won't come easily. You should then seek help from the Consumer Action Group or some other consumer help Forum.
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Most mornings, boxing coach Neil Donohue would stop at his favourite coffee shop in Worthing, West Sussex, on his drive to work. Neil, 52, who owns a boxing and bodybuilding gym in nearby Lancing, would regularly leave his vehicle in a six-space private car park operated by One Parking Solution, paying the minimum 50p for a ticket while he popped into Starbucks for five minutes.
And a few days later, more often than not, Neil would get a £100 fine in the post.
One Parking Solution, a private firm, operates CCTV cameras to record the numberplates of cars entering and leaving the car park, which included Neil in his Volkswagen Tiguan. In his case, the company would then go onto a government database, lawfully, to find his home address and issue him with a fine for, it claimed, failing to pay and display.
I live in a private block of 9 flats (I own my flat) we have OPS as our chosen company to check the car park
So my next challenge is to get them removed as parking enforcement for the properties.
Most comments in the Argus article are from people who are not the biggest fans of these ex-clampers (they used to be called 'Ethical' Parking).
Also, clearly it's not just Sussex that has issues with OPS:
https://www.cambrian-news.co.uk/art...lling village’§ionIs=news&searchyear=2021
Please do read about Norma's shocking case.
She won, then money was thrown at it and the Circuit Judge actually decided (wrongly) that PPCs don't need landowner authority.
Right, so this industry can put signs up anywhere, then, because it's only about whether a contract exists and nothing about the framework within which this industry must operate? I think the DVLA would have something to say about that, given there are some safeguards before they will release registered keeper data, that include...yes...a requirement for landowner authority..
I haven't published the GoFundMe link as not sure I am allowed, but it's in the Argus article.
Please share or Tweet it. This is a really rare case and not about a run of the mill situation.
She got one parking charge at a place where the entrance sign was twisted away from view from approaching drivers so she never saw the signs let alone any terms, and thought she was pulling over on the road, into a bay (as you can).