I would tend to agree however like I said the only way they can get it overturned (set aside) is if they have a defence likely to succeed. We all know this isn't the case. Will keep you informed though, it may turn into an "interesting" one !

Is it definitely small claims court form, usually tax matters are magistrates court summons?

They can apply to have the judgement "set aside", they would need to pay a fee of £65 for this (bear in mind its a £110 claim) If they do this the judgement and warrant is suspended temporarily. Then it goes to a set aside hearing and they would have to convince the judge they have a plausible defence to the original claim. If they dont apply to have it set aside then they must pay the bailiff, if they dont he is allowed to seize goods to the value of the claim.

Recieved a second response day after, must be a stock response Letter before action will be sent Monday.

They responded to preliminary letter by saying charges are valid and are for breaking terms and conditions. No response to LBA No response to Claim form No response to Judgement I doubt they will ignore the bailiff !

DG Solicitors true to form then !

Got my statements, statements only though not Data Protection Act response Sent preliminary request 9th May £165 Recieved this response 10th May

Warrant of excution granted, did someone say bailiff?

If it doesn't say "date of issue" its unlawful Dispute it.

Is this okay to send to DG Solicitors regarding my additional accounts Thank-you for your letter of 24th April 2006, and for the subsequent payment of £3126.21 in full and final settlement of the above claim. I must now turn to additional accounts held with First Direct, which over the years have unfortunately attracted unlawful penalty charges. I have attached schedules of these charges amounting to £905.00. It is my preferred option to settle this matter between ourselves without it becoming necessary to issue proceedings. Please let me know as soon as possible if you wish to proceed along these lines. If I do not hear from you within 14 days I will issue a letter before action to First Direct plc advising of my intentions.

As per previous post scan it and send to Neil Herron metricmartyrs@btconnect.com Ask him what to do next, he will help.

If it does not say "date of issue" anywhere on the ticket then it is unenforcable. Make representations to this effect

There is signage, i'm not sure exactly what it says though, this was 12 months ago. I will be passing through there early next week going to Bradford so i'm going to get some photos for my evidence pack.

The only name/address on the ticket is the people that print and produce the tickets themselves. I do have the "fixed penalty ticket" and "official receipt" - thier wording. On the front of both is Car Stoppers PO Box 128 Keighley West Yorkshire BD22 8YX We know this to be false. On the back is the following Car Stoppers Parking Services Proprietor: G N Evans Changegate Road Car Park Haworth, Keighley West Yorkshire BD22 8QQ This is not the correct postcode for the car park, its for the belle isle road address. It may be that they know the postman and any mail sent here goes to belle isle road. Both are not valid addresses though.

I will post letter when I'm back at work. In meantime I highly recommend you contact Neil Herron at the following address metricmartyrs@btconnect.com He is somewhat of an expert on this and is very helpful, he's been helping with mine. He'll tell you what to put in your letter etc as Westminister (London) might be different. I think each local authoity has its own varied traffic orders.

Keep going with First Direct. You will get your money back, been there, done that...

Tell them to *?!?!*?!!!

I believe so, I am in the process of doing this now, i've sent a preliminary letter. I will of course keep everyone updated of the outcome

Agreed, the £50 is neither here nor there. This is a matter of principle. I'm going to have a word with trading standards about what I have uncovered so far. I think they have access to legal counsel which is free. If I do go after one and lose, i'll lose my £30 court fee Can I then go after the other one with the same set of facts, or would I be bordering on vexatious claims?

Thanks, Going back to the letter If I can confirm via land registry that Worthside House Development Company own the car park, should I not sue them directly? I feel that carstoppers are only enforcing under instructions aka employment from the car park owners. Also, looking at the accounts that have been filed there is car park income, car park trespass income, and for expenditure stuff like parking tickets, ticket machine maintainance etc. I feel sure HM land registry will show this Worthside House Dev Co as the owners. But like you say if they land is sub-let to Carstoppers then does the contract become with them. :? Can anyone else shed any light on this point of law, 3rd parties in contracts etc. Its a minefield, and i'm sure thats no accident.

A little more digging, Worthside House Development Company Limited, Director: Edward Roger Evans, Secretary: Sally Ann Evans The directors report year ending March 2006 filed at companies house states: The principle activities of the company during the year was that of a car park operator and property developers. The car park activities reduced considerably following the sale of land used as a car park in the previous year. I am confident this company is the owner of the land.

Thanks guys, The claim would be on the basis of punutive charges levied in respect of breach of contract, but is the contract not with the car park owner - i.e. E R Evans. In his letter he states "take me to court as one of the owners of the car park" Carstoppers / G Evans are applying the penalty on behalf of the owner as indirect employees as per Hawley v Luminar Leisure, that makes sense. However should I not be serving my claim on the car park owner?

£817.89 credited to my account this morning. I'm getting bloddy addicted to this now. Mod please change thread title to settled in full.

Everything completely ignored, applied for judgement by default today.

Hi BotB, These are exactly the things I have been mulling over. The following is what I know to be fact. 1. Edward Roger Evans is on the Electroral Roll at the Worthside House, 2 Belle Isle Road Address. 2. Gareth N Evans is also on the Electoral Roll there, he is listed on the Car Stoppers Receipts as proprietor of Car Stoppers. 3. Car Stoppers is an unincorporated company, its registered address is as above. I am assuming it is owned by Gareth N Evans. 4. There is also a limited company registered at the address called "Worthside House Development Company." Edward Roger Evans is a director of this company. The letter was typed but not headed, it was from him as an individual at the above address. I am thinking I would need to bring an action against the owner of the car park, as that is who is establishing the contract. Is this correct? It is however a 3rd party company (car stoppers) who is administering the "penatly" on instructions from the car park owners. I would guess that this limited company, worthside house development company owns the car park. Am I on the right track ?