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Sheriff orders woman to pay £24,500 parking invoices


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A woman has been ordered by a sheriff to pay a private parking company £24,500 in unpaid charges.

 

Carly Mackie ignored hundreds of parking tickets for leaving her car at Dundee's Waterfront without a permit, claiming they were unenforceable.

 

Ms Mackie said that she had a right to park in the area as she was living there at the time.

 

Sheriff George Way said the charges were from a "valid contract" and she was liable for them.

 

READ MORE HERE: http://www.bbc.co.uk/news/uk-scotland-tayside-central-39478203

Edited by stu007

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I advise to the best of my ability, but I am not a qualified professional, benefits lawyer nor Welfare Rights Adviser.

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I think the difference here is that this lady has insisted on parking in the same area over a long period and has received a ticket each time ,which she has ignored. It has established a long term contractural relationship, rather than it being a one off. In a one off parking situation, you might be able to make an argument.

 

It is people like this and Barry Beavis that get a bee in their bonnets, not thinking that their actions might just have an impact on others if they lost in court.

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Did the woman defend herself in this case (I haven't seen from the article)? If I was facing a potential loss of that amount, I might have shelled out a bit for a decent specialist defence solicitor/barrister! If she did have defence counsel, they should be strung up as incompetents too!

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judgments over common sense = never been right = history shows, real judgments are made without payments to have a case heard! there are other aspects of description as to paid hearings, but that is another story!

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R.I.P my beautiful grey ghost, gone but never forgotten, taken so suddenly, 04/07/2004 ~ ~ 02/03/2017

Gone but never forgotten,Little Miss Sunshine, Alisha Marie. 15/12/2005 ~ ~ 13/02/2006

Our  beloved Dalmatian Jazz,  gone to join Wal at Rainbow Bridge, hope you are now pain free .  20/9/2005 ~ ~ 24/3/2019

 

 

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numerous threads on the same case merged.

 

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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the judge ripped into her for her rubbish defence and the fact she had clearly not prepared her arguments.

 

This means that the judge also knew that the claim itself was dubious but you can only go with what is put in front of you.

 

To this end I will reiterate that the signage there didn't form ta parking contract as it was prohibitive in nature. this would make the matter one of trespass.

 

There is no law of trespass in Scotland so no proper basis of claim and the claimant would have walked away with nothing.

 

Even £6k of the amount awarded was unfair charges added to the amount on the tickets.

 

If the contract between the parking co and the motorist was sound they still wouldn't have got this if she had relied on the CCR to challenge the add ons.

 

In short she read something on the internet that said this isn't right and instead of then doing a damned sight more work to delve into why it wasn't right she just went with a 2 line defence which happened to choose the wrong point.

Edited by honeybee13
Paras.
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the judge ripped into her for her rubbish defence and the fact she had clearly not prepared her arguments.

 

This means that the judge also knew that the claim itself was dubious but you can only go with what is put in front of you.

 

To this end I will reiterate that the signage there didn't form ta parking contract as it was prohibitive in nature. this would make the matter one of trespass.

 

There is no law of trespass in Scotland so no proper basis of claim and the claimant would have walked away with nothing.

 

Even £6k of the amount awarded was unfair charges added to the amount on the tickets.

 

If the contract between the parking co and the motorist was sound they still wouldn't have got this if she had relied on the CCR to challenge the add ons.

 

In short she read something on the internet that said this isn't right and instead of then doing a damned sight more work to delve into why it wasn't right she just went with a 2 line defence which happened to choose the wrong point.

 

Couldn't agree more with the above.

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.
In fact, they're probably just waffling and can be quite safely and completely ignored as you wish.

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parking charges are theft in every sense, council car parks ?????????// belong to the people (land) not some person sat at a table in conference = the sickness of the monetary society misuse of powers and the people accept it

misused to help fund the ouageous telephone number salaries paid to some council CEOs and senior officials, most of them unfit to recieve even the National Minimum Wage for their work Many should be on JSA imho.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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