Originally posted by charitynjw
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Excel parking fine
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Originally posted by Teleworm View Post
I've pasted the text from the sign in post #43
Whatever we may state on here, or however the parking co. or their legal representative, may argue, the decision is in the hands of a judge who sits in a proper county court hearing.
There are no precedent judgments.
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
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Originally posted by charitynjw View Post
I also noted your comment on post #42.
Whatever we may state on here, or however the parking co. or their legal representative, may argue, the decision is in the hands of a judge who sits in a proper county court hearing.
There are no precedent judgments.
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If anyone "waits it out", the eventual outcome may be a court claim with further costs added.Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
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overall are they prepared to get heavy cost if case lost? or re-start and look the the original facts they themselves stated in the beginning? i..e.:- straight forward question:- Did you park there as sated on the N1 court form? (penalty charge invoice) yes or No (do you mean it never happened?? that is a judges view (question to defendant) on one or more occasion>
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Originally posted by MIKE770 View Postoverall are they prepared to get heavy cost if case lost? or re-start and look the the original facts they themselves stated in the beginning? i..e.:- straight forward question:- Did you park there as sated on the N1 court form? (penalty charge invoice) yes or No (do you mean it never happened?? that is a judges view (question to defendant) on one or more occasion>
should the driver contact the courts mediation service?
there seems to be some advice (not sure how credible) that States you should ask to see their evidence that they have permission to operate. (They likely do not respond)
The other advice seems to be to ask forsubject access data request. Not sure what this would achieve. And also for photographic evidence of signage from the site?
apparently if they do not reply they are in breach?
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Originally posted by Teleworm View Post
Yes I appreciate this is only advice. My question is, based on advice only, should the driver pay the £170 or should the driver wait it out. Or is there a way to get the £170 reduced? If so howCAVEAT 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
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Originally posted by Teleworm View Post
Your present opinion?
That said, you could try arguing that it's an unfair term by virtue of CRA 2015 s62.
& hope that the judge agrees.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
-
Originally posted by charitynjw View Post
Had the driver not been 'outed', you would be better placed to argue the add-on recovery charge.
That said, you could try arguing that it's an unfair term by virtue of CRA 2015 s62.
& hope that the judge agrees.
also worth noting that the Indeoendent appeal service said to contact the company withing 14 days but there is no way to contact to discuss so where does this leave things
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Your choices:
1. Settle up.
2. Reply to the notice, make an offer.
3. Wait and see.what happens.
Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.
Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf
- 2 likes
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Originally posted by Teleworm View Post
Thank you. Option 2 looks the most sensible at this point.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
- 1 thank
Comment
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