Re: Christmas Spirit in short supply in Newbury

Re: Christmas Spirit in short supply in Newbury

Here's the DM article for those who partake.

https://www.dailymail.co.uk/news/art...opped-CPR.html

I can understand her having flashbacks and depression and why she doesn't want to return. I mean she tried to save a life and then he died. That's truly awful. Giving CPR is really hard work. If this happened to me I'd be feeling upset that I'd got it wrong and that it was my fault he died. That's the sort of thing that might go through your mind in sleepless nights.

I agree that the company should show a bit of heart and waive the charge. They should also apologise and give her free parking for a year or something.

On the subject of that the charge itself is exhorbitant for 14 mins. I'm assuming that she didn't pay and they increased it. But then if you have just tried to save someone's' life and they die you're pretty distracted for a few weeks. Well I would be! Some people are more affected by such things.

Still maybe she's a real schemer and just did this for the publicity.....

Re: Christmas Spirit in short supply in Newbury

This reader's comments are exactly what I would do:
"Work through the appeal system. Unfortunately, civil enforcement assumes you are guilty and aims to intimidate you into paying up, but once it goes to court you are assumed innocent unless they can prove you guilty. You have evidence of mitigating circumstances which should see the case thrown out. Contact your local councillor, the police - anyone who could provide further evidence supporting your case. NOTE: Apparently first appeals are routinely rejected because they are relying on the fact that only a very small proportion of motorists (1%?) will appeal furrther. 60% of these win their second appeal. If it does got o an adjudicator and on to court apparently the process is not as intimidating as it sounds. You have a strong case. Don't let them get away with this. I just won a second appeal against an unwarranted parking ticket. It is stressful but I also intend to carry on challenging the unfairness of the system."

I'm sure that the case would be thrown out with possible compensation (paid for by the company) for the woman.

There would also be even more bad publicity for the greedy and irresponsible company.

Re: Christmas Spirit in short supply in Newbury

I think if it was taken to court the company would settle before it got that far JB.

Re: Christmas Spirit in short supply in Newbury

Yes. Call their bluff.

It was probably a minion who refused to cancel her fine.
When the Managing Director gets to hear about it, some common sense will prevail!

Re: Christmas Spirit in short supply in Newbury

On what basis should the parking management company be considered greedy or irresponsible? Bloody stupid, yes, but that's all.

Re: Christmas Spirit in short supply in Newbury

The private parking industry is completely unregulated at the moment, although that is due to change this year.
UK MPs have variously called these companies, cowboys, rogues, scammers, and bloodsuckers

The woman did not receive a fine or a penalty, she received a parking charge notice, an invoice.

These parking companies are out to make money and don't care how they do it.

The worst thing anyone can do is pay these charges since it allows the scammers to perpetuate their scams.

One recently issued a charge to a disabled ex-soldier because he parked in a disabled bay without showing a blue disabled badge. He had lost both legs in action. His prosthetic limbs were on the passenger seat next to him when the chap stopped for a rest and fell asleep.
His crutches were in full view in the car as well.
It was obvious to the parking operative that the man was disabled but issued a charge anyway.

The blue badge scheme does not apply on private land, but the Equality Act 2010 that says reasonable adjustments must be made for disabled people with protected characteristics.
The parking scammers took him to court and the judge found against him despite the fact that he was perfectly entitled to use a disabled bay on private land without displaying a blue badge.

I believe he is going to appeal using the EA 2010 as his defence, which he didn't do in the original case.

There is a two stage appeal process that the woman in this instance should have used.
Forget mitigating circumstances. This is civil (contract) law and she breached the parking contract. The parking company don't care why she was delayed, she breached the Ts and Cs at the car park.
The only way to beat these scammers is to use the law against them.

Not the landowner.
No standing to issue charges in their own name.
Inadequate signage.
Lack of grace periods.
Breach of trade association code of practice.
Breach of the Protection of Freedoms Act 2012 (this protects a vehicle keeper, not the driver).
Data Protection/GDPR breaches

are all defence points that can be used against the parking scammers. Giving CPR is not. Hopefully it will be later this year when a new mandatory code of practice is introduced.

Parking companies have been known to remove signs that assist the motorist's case during the appeals process,
Lied in court,
Put up temporary signs, taken pictures of a car next to it, then removed the sign afterwards.
Reduced the permitted parking time in breach of the original council planning approval,
Made leaving a car park on foot a breach of Ts and Cs, when the original council planning order allowed it,
Doctored time stamps on parking charge images,
Issued charges on public roads,
Regularly use automatic number plate recognition cameras to to record time on site, not parking time. The UK Government has prohibited the use of these cameras in council car parks, saying they are not fit for purpose, but parking scammers use them because their faults generate income,
and much, much more.

A parking company trade association convinced the UK government to allow a law making vehicle keepers in England and Wales liable for parking charges, even if they weren't present. The keeper could be at home, in hospital, on holiday, or on a gap year on the other side of the world, but the keeper is still liable.
The trade association lied to the government by saying this Act would reduce the load on UK courts, and the government believed them.
Scottish MPs introduce the same keeper liability last year, but it has yet to be implemented. Scottish motorists and Scottish courts won't know what has hit them when it becomes live.
Parking court cases have increased from less than 100 per year pre-2012, to about 100 000 now, because the government believed the parking trade association's lies.
Over 8 million parking charge notices were issued in the last year prior to covid, and the courts are being swamped.

Re: Christmas Spirit in short supply in Newbury

A judge ruling contrary to the letter of the law?

Are judges themselves above the law?

I'd love to learn whether this judge was himself prosecuted.

Something stinks in this country.

Re: Christmas Spirit in short supply in Newbury

The judge ruled on the claim and the defence presented in court. Since the defence did not include breaching the EA 2010, then he ruled on the facts presented.
The car park signs said that a blue badge must be displayed, even though that is discrimination. The judge should however have also ruled on the Consumer Rights Act that must be considered even if it is not brought up in court.

Not all judges know or understand all of the law.

It is not unusual for example that a judge who normally hears family law cases (divorce, adoption, will disputes etcetera) not to know about civil contract law, but they should, or should at least look it up.

Due to covid, many cases on the small claims track are now audio or video hearings, or even just on papers. Sometimes they don't get to see the case until the day itself.
Like I said, our courts are being swamped by parking cases because it's a cheap method of debt collection, especially if the defendant has moved home in the last six years and never responds to (never gets) the court claim.
The scammers immediately go for a default win on the day of the hearing, and get whatever money they have claimed even though much of it is not permitted.

If it is not contested, it isn't considered.

Re: Christmas Spirit in short supply in Newbury

Then they're in the wrong job.

If they 'specialise' in one particular aspect of the law, then they should not hear cases involving other aspects of the law.