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**WON** Heath Parade NW9

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  • **WON** Heath Parade NW9

    [MENTION=5354]mystery1[/MENTION]

    Hiya

    A friend has received a LBC (PCM, I think, by way of Gladstones).
    From some digging it would seem that Barnet council still haven't decided to take responsibility for this cash cow, though I haven't got the official sp on that.
    He's fired off a response email, no mention of who the driver was, just generally disputing their legal right to a contract re cr@p signage, etc.
    Just in case there is the unwelcome 'thump' of a court claim landing on his 'welcome' doormat, is there anything else he should be doing/knowing.

    Cheers in anticipation!
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick
    Tags: None

  • #2
    Re: Heath Parade NW9

    Gathering signs, talking to landowner/occuppier etc.

    As always replying via email to any letter before claim etc

    M1

    Comment


    • #3
      Re: Heath Parade NW9

      http://www.barnetlabour.org.uk/labou...g_fines_issued

      Labour secure result on poorly signed loading bay where estimated £1million in parking fines issued

      POSTED BY BARNET LABOUR ON APRIL 11, 2017
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Re: Heath Parade NW9

        Hearing was today.
        We won.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: Heath Parade NW9

          Naturally.

          Care to enlighten further?
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

          Comment


          • #6
            Re: Heath Parade NW9

            Originally posted by Amethyst View Post
            Naturally.

            Care to enlighten further?
            Lol!

            It was touch & go, as we had the judge from hell.
            He (judge) tried every which way to stop me from being a McKenzie friend....even asked the parking co's legal rep if they had any objections.....give the legal rep credit, he said no, no objection. He (judge) even asked if I was legally qualified, or if I was being paid.
            Judge tried to get my friend to admit to being driver....my mate stuck to his guns & said that he was being pursued as registered keeper & got the legal rep to confirm as much.
            My friend then argued defective Notice to Keeper re s9 Sch 4 PoFA.
            Judge said that s9 only applied to car parks. (Absolute utter....billhooks!)
            When we queried that statement ('cos s9 is about the NtK, regardless of whether it is a car park, private road, or any other relevant land), judgey said something like "I'm more qualified than you, so I'm right & you are wrong".

            Long story short, when we proved beyond any doubt that the NtK was defective, judgey could not ignore the fact, so he (very reluctantly) had to dismiss the claim.

            It was like being in the Headmaster's office, being told "I'm big & you're little.....you're lucky this time, but you won't get a second chance......"

            Pretentious git doesn't come close to describing him.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Heath Parade NW9

              Originally posted by charitynjw View Post
              Lol!
              Long story short, when we proved beyond any doubt that the NtK was defective, judgey could not ignore the fact, so he (very reluctantly) had to dismiss the claim.
              Proved beyond any doubt
              How do you that please?

              Comment


              • #8
                Re: Heath Parade NW9

                Originally posted by charitynjw View Post
                Lol!

                It was touch & go, as we had the judge from hell.
                He (judge) tried every which way to stop me from being a McKenzie friend....even asked the parking co's legal rep if they had any objections.....give the legal rep credit, he said no, no objection. He (judge) even asked if I was legally qualified, or if I was being paid.
                Judge tried to get my friend to admit to being driver....my mate stuck to his guns & said that he was being pursued as registered keeper & got the legal rep to confirm as much.
                My friend then argued defective Notice to Keeper re s9 Sch 4 PoFA.
                Judge said that s9 only applied to car parks. (Absolute utter....billhooks!)
                When we queried that statement ('cos s9 is about the NtK, regardless of whether it is a car park, private road, or any other relevant land), judgey said something like "I'm more qualified than you, so I'm right & you are wrong".

                Long story short, when we proved beyond any doubt that the NtK was defective, judgey could not ignore the fact, so he (very reluctantly) had to dismiss the claim.

                It was like being in the Headmaster's office, being told "I'm big & you're little.....you're lucky this time, but you won't get a second chance......"

                Pretentious git doesn't come close to describing him.
                Nice. Did you prefer to be a Mckenzie friend rather than a lay rep ?

                M1

                Comment


                • #9
                  Re: Heath Parade NW9

                  Originally posted by mystery1 View Post
                  Nice. Did you prefer to be a Mckenzie friend rather than a lay rep ?

                  M1
                  Hi M1

                  I'm sort of glad that I didn't go in as a lay rep....I reckon the judge would have used any reason to deny me audience (eg not allowed because it was the first thursday of the month, or because I was wearing 'Oxfords' & only 'Brogues' are allowed....the guy was making it up as he went along).
                  He basically said 'how dare you (upstarts) go into his fiefdom & do something as outrageous as quote the law!'.
                  He then said that we were extremely fortunate to have 'stumbled' across a technical defence which he was unable to ignore. He apologised to the parking co's legal rep but 'unfortunately his hands were tied, etc.....had it not been for that, he would not only have found in favour of the parking co, he would have awarded costs against us for unreasonably raising legal arguments'.
                  Think 'Judge Roy Bean'.....the Law West of the Pecos!
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: **WON** Heath Parade NW9

                    Such Judges should be removed. I hope a complaint is being made.

                    M1

                    Comment


                    • #11
                      Re: Heath Parade NW9

                      Originally posted by distress View Post
                      Proved beyond any doubt
                      How do you that please?
                      Hi distress

                      In this particular case, easy.
                      Having established that the parking co was pursuing the registered keeper, not the driver, one limb of the defence was that the Notice to Keeper was defective.
                      Even the parking co's legal rep, once it was pointed out, admitted that it was so.
                      CAVEAT LECTOR

                      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                      You and I do not see things as they are. We see things as we are.
                      Cohen, Herb


                      There is danger when a man throws his tongue into high gear before he
                      gets his brain a-going.
                      Phelps, C. C.


                      "They couldn't hit an elephant at this distance!"
                      The last words of John Sedgwick

                      Comment


                      • #12
                        Re: **WON** Heath Parade NW9

                        Originally posted by mystery1 View Post
                        Such Judges should be removed. I hope a complaint is being made.

                        M1
                        Got to agree with you there.....either he did not have a clue, or he was doing the Miss Trunchbull "I'm smart, you're dumb, I'm big, you're little".
                        My money is on the latter.

                        My friend was phlegmatic.
                        As far as he was concerned, a win is a win, however it might have been achieved.
                        Mind you, he is a Luton fan............ the other side's own goal is a glorious victory, lol
                        Last edited by charitynjw; 3rd August 2017, 21:27:PM.
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: Heath Parade NW9

                          Originally posted by charitynjw View Post
                          Hi distress

                          In this particular case, easy.
                          Having established that the parking co was pursuing the registered keeper, not the driver, one limb of the defence was that the Notice to Keeper was defective.
                          Even the parking co's legal rep, once it was pointed out, admitted that it was so.
                          thank you.
                          I try not to receive many PCN on the car I own, but the many times I had seen them, I remember it said about "...do not ignore the fine, even you are not the driver ....pay now and you have discount of 50%, appeal and a lot of paper works and you lose you pay 100% " I must find a case in details to follow to see when this Notice of Keeper comes up...
                          But to be honest I am not sure I am about to lose my business due to 40% BR increase (this year with transitional relief still up from 890 to 1121 a month) and a request of 40% up in rent in this year ... not sure I will possess a car afterwards to care about PCN

                          Comment

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