Time for HJ to stop giving legal "advice"? - daveyjp
I'm afraid I agree with Pepipoo.

forums.pepipoo.com/index.php?showtopic=115684&st=0...8

HJ Telegraph answers are too brief to allow any detailed examination of the nuances about fighting private parking tickets.

I know HJ often says that's the law so complain to your MP, however it would be beneficial for him to avoid any questions about private parking matters and maybe point questioners to people who do have the time to explain it.

Answer each one with.

The whole industry is a mess. Fighting these things is possible. it takes time, but there are online resources to guide you through the various stages of an appeal.

Time for HJ to stop giving legal "advice"? - NARU

There's an ongoing thread on the Money Saving Expert site, despairing at the insurance advice too.

forums.moneysavingexpert.com/showthread.php?t=4526...9

Time for HJ to stop giving legal "advice"? - TedCrilly

Accepting so called legal advice from anonymous and unqualified individuals via internet forums is not a sensible approach and I have little sympathy for those that accept it.

There really is no substitute for face to face professional advice.

Time for HJ to stop giving legal "advice"? - oldroverboy.

I found the easiest way not to get a "Parking Ticket" private or Council...

Park within the lines correctly and don't overstay.

Look at the signs!

Look at the signs!

Repeat step 1 or 2.

I tend not to use prepay carparks unless I am sure that I WILL be clear of it in time.

Don't park illegally. If everyone did that for a bit, the Crooks would soon be out of business.

I shop regulrly at ALDI here in Colchester and if I return to the store within the 2 hours after leaving I tell them.

Time for HJ to stop giving legal "advice"? - veloceman
Michelin Crossclimate
Honda Jazz
Shell V power
Peugeot 2008 1.2 Puretech
Speed bumps.

You now no longer have to read HJ column.
His answers to all the posts are above.
Time for HJ to stop giving legal "advice"? - oldroverboy.

Ha Ha Ha!

YOU GOT THAT RIGHT.

Time for HJ to stop giving legal "advice"? - Slow Eddie

Yup, that's brilliant Veloceman! Mind, I still have a compulsion to read them all...

Time for HJ to stop giving legal "advice"? - veloceman
Yup me too!
Time for HJ to stop giving legal "advice"? - Theophilus
Michelin Crossclimate Honda Jazz Shell V power Peugeot 2008 1.2 Puretech Speed bumps. You now no longer have to read HJ column. His answers to all the posts are above.

and left foot braking when driving an automatic

I've never driven an automatic in 50years of driving, but if I did ever purchase one I should be very reluctant to follow HJ's advice. I intuitively use my right foot to brake - to attempt to reprogramme an aging brain is a recipe for disaster when emergency braking is called for.

Time for HJ to stop giving legal "advice"? - Slow Eddie
and left foot braking when driving an automatic

I've never driven an automatic in 50years of driving, but if I did ever purchase one I should be very reluctant to follow HJ's advice. I intuitively use my right foot to brake - to attempt to reprogramme an aging brain is a recipe for disaster when emergency braking is called for.

Exactly - I could have written that word-for-word, Theo. Actually I did once test drive an auto, and almost put my passenger through the windscreen attempting to left-foot brake...

Edited by Slow Eddie on 18/09/2017 at 21:50

Time for HJ to stop giving legal "advice"? - focussed

I think you may have misunderstood the use and meaning of "left foot braking"

It's for low speeds and to keep control of the car when manoevering and parking.

Time for HJ to stop giving legal "advice"? - Slow Eddie

My experience was at low speed (- maybe I exaggerated the jerk effect). Seems to me that dubious assumptions are made about people's varying ability to adapt through practice - ever tried writing with your "wrong" hand?

Time for HJ to stop giving legal "advice"? - NARU

Accepting so called legal advice from anonymous and unqualified individuals via internet forums is not a sensible approach and I have little sympathy for those that accept it.

There really is no substitute for face to face professional advice.

I rather disagree. The average solicitor knows nothing about the intricacies of parking law. Even the parking companies struggle to find people to represent them in court.

It pays to search out the people who are genuinely motivated to research issues thoroughly. Those people may or may not be professionals in the area concerned.

The two sites I'd recommend someone starts at are:

parking-prankster.blogspot.co.uk/

and the sticky threads at forums.moneysavingexpert.com/forumdisplay.php?f=163

Time for HJ to stop giving legal "advice"? - Bromptonaut

Parking Eye v Beavis does not provide the definitive 'binary' answer HJ suggests. At it's heart is the proportionality of charge of £85 (reduced for early payment) when provided for in a contract. The courts examined the formation of the contract in the circumstances of Beavis but in practical terms it was common ground between Mr Beavis and Parking Eye that there WAS a contract (paras 188-9 of the Supreme Court's judgement).

There is still plenty of 'wriggle room' in terms of whether, on facts in an individual case, a contrasct is in fact formed.

The suggestion that you are legally 100% liable unless you name another driver is nonesense. The pay/sue suggestion is nonesense on stilts and dangerous for the reason suggested by Southpaw 82 who quotes chapter and verse from a court Practice Direction to justify his opinion.

Time for HJ to stop giving legal "advice"? - Wackyracer

Advising someone to pay a fine they feel they are not responsible for and then taking court action to recoup the money sounds like a certainty to lose. Courts don't take kindly to this kind of thing and have in the past slapped people with a bill for wasting court time if they failed to try and resolve the issue before taking court action.

The first action anyone should take is to communicate with the company involved and try to resolve it directly.

My PCN which HJ said I should pay (even though it was wrong) was quickly dropped by MET parking when I pointed out the errors to them.

Those people who think the answer is to ignore should think about the woman who was slapped with a huge bill recently for ignoring the PCN's

Time for HJ to stop giving legal "advice"? - oldroverboy.

As I said earlier..

Park correctly and you will have less problems!

And for the stock replies for posters who ask on here if it is sensible to buy a complex expensive 10 year old diesel (or petrol) on a £2-3000 budget, welI I for one don't even bother to reply anymore.

#example.1.

I have just bought a 95000 mile BMW 540 M for £2999 from joe blogs and there are no service stamps for the past 5 years and he won't do anything about the faulty gearbox and the death rattle in the engine, or the tyres that are at 2.1mm front and rear and i discovered they are £270 each.

2. One of my neighbours has just bought a special edition Mitsu EVO SST GSR FQ 300 6 years old and it is sitting in the road 'cos he can't drive it. NO, I am not getting involved!

Time for HJ to stop giving legal "advice"? - Bromptonaut

Those people who think the answer is to ignore should think about the woman who was slapped with a huge bill recently for ignoring the PCN's

At one time ignore them was one recommended option for Private Land tickets. The theory being that the enforcement companies were relying on threats and were less willing to punt up money for court fees. I think though in light of Beavis setting down some ground rules on reasonable charges that option may have less favour.

Proper Penalty Charge Notices issued by the Council NEVER go away and ignoring them simply racks up charges and leads to encounters with Bailiffs.

Time for HJ to stop giving legal "advice"? - Wackyracer

The woman I'm referring to was given PCN's by a private parking company.

www.eveningtelegraph.co.uk/fp/woman-must-pay-back-.../

Edited by Wackyracer on 17/09/2017 at 13:12

Time for HJ to stop giving legal "advice"? - Bromptonaut

The woman I'm referring to was given PCN's by a private parking company.

www.eveningtelegraph.co.uk/fp/woman-must-pay-back-.../

That's Scotland where the law is different.

And it went to court. My point was that, at least pre Beavis, the companies in England and Wales were said to be reluctant to take a punt on the court fee. Risk for them was uncertain small claim case where an articulate defendant might actually appear and disprove their claim.

Advice was always to watch like a hawk for a summons as at that point ignoring ceases to be an option.

Edited by Bromptonaut on 17/09/2017 at 14:22

Time for HJ to stop giving legal "advice"? - Doc

Parking 'tickets' issued by private companies in private car parks are often referred to as fines – but they are not. They are little more than an invoice requesting payment.

In general, only councils have the power to issue parking fines – or Penalty Charge Notices.

Private landowners and car parking firms have no such legal power. They cannot issue 'Penalty Charge Notices', and so they issue 'Parking Charge Notices', which often look and read like the legitimate fines issued by authorities – and both are abbreviated to 'PCN', which adds to the confusion.

This article is worth a read: tinyurl.com/yact9lr3


Time for HJ to stop giving legal "advice"? - argybargy

There's stuff on the Citizens Advice website about parking notices, although I do remember a thread on here some time back where someone castigated CA for the wording of their advice rather than the quality of it.

Myself, I follow the guidance given above and shuffle my car back and forth for ten minutes till I'm sure no wheels are on or over the lines. I'm so paranoid about being fined that when the ticket machine stopped working at a local council car park and I was obliged to park there for free, I returned to the car from my place of work every couple of hours to change the time on the handwritten note that I'd put on the dashboard, advising that I would come back in two hours to check whether the machine was working yet, and pay if it was.

If, one day, I get what I consider to be an unfair ticket I'll find an internet forum on which to wail about it, and accept any bad advice which is offered to me, because that seems the done thing nowadays.

Edited by argybargy on 17/09/2017 at 20:18

Time for HJ to stop giving legal "advice"? - John Boy

Veloceman said

"Michelin Crossclimate
Honda Jazz
Shell V power
Peugeot 2008 1.2 Puretech
Speed bumps.

You now no longer have to read HJ column.
His answers to all the posts are above."

I don't think HJ is the only person on here who could be accused of being a tiny bit predictable! :-))

Time for HJ to stop giving legal "advice"? - concrete

Several well made points here. Firslty, ORB is correct. If everyone made a huge effort to only park correctly for a month or two then some of these parking shark companies would go out of business. Who knows, we all may benefit from it catching on universally. Secondly, the advice I have gleaned from some forums is excellent. Quite often given by people who have been through the system and can guide others through it. I find my local soicitor, whom I know personally, is quite ignorant of motoring law in general and parking in particular. His advice is park correctly within the confines laid down in the signage, Not much use for a defence. Lastly, Bromptonaut has hit the nail on the head. As parking companies become bolder, we really need to examine the law fully to mount a defence. It would seem that some cases may still turn on the grounds of being 'reasonable'. Of course one mans' reason is another mans' folly, so extreme care is needed. Who thought that parking would become so difficult an issue. At the heart of it is emotion. Everyone feels really agrieved when fined heavily for what seems a very minor transgression. On the other hand, some ground rules need to be applied or chaos ensues. How about letting people pay a nominal sum for an overstay. Say £5 for an hour or a part thereof? Just a thought.

Cheers Concrete

 

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