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Excel parking fine

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  • #46
    Originally posted by charitynjw View Post

    You assume I have Google Drive.
    I've pasted the text from the sign in post #43

    Comment


    • #47
      Originally posted by Teleworm View Post

      I've pasted the text from the sign in post #43
      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.

      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


      • #48
        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.
        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 how

        Comment


        • #49
          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

          Comment


          • #50
            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>

            Comment


            • #51
              Originally posted by atticus View Post
              If anyone "waits it out", the eventual outcome may be a court claim with further costs added.
              Yes I meant to argue in court about the £170 as there seems to be noway for the driver to contact the company to query this?

              Comment


              • #52
                Originally posted by MIKE770 View Post
                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>
                I'm unsure there seems to he a mixed bag about this company online.

                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?

                Comment


                • #53
                  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 how
                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)
                  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


                  • #54
                    Originally posted by charitynjw View Post

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

                    Comment


                    • #55
                      Originally posted by Teleworm View Post

                      Your present opinion?
                      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.
                      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


                      • #56
                        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.
                        Anyway to debate this outside of the court?

                        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

                        Comment


                        • #57
                          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

                          Comment


                          • #58
                            Originally posted by atticus View Post
                            Your choices:

                            1. Settle up.

                            2. Reply to the notice, make an offer.

                            3. Wait and see.what happens.
                            Thank you. Option 2 looks the most sensible at this point.

                            Comment


                            • #59
                              Originally posted by Teleworm View Post

                              Thank you. Option 2 looks the most sensible at this point.
                              Be careful not to admit liability if/when making an offer.
                              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


                              • #60
                                Originally posted by charitynjw View Post

                                Be careful not to admit liability if/when making an offer.
                                Something along the lines of:

                                in order of reducing dragging out proceedings here is an offer of XX amount for you to remove any outstanding claim in full?

                                Comment

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