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Messages - Bude_2023

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Private parking tickets / Re: PCN - Alliance Parking - Seaview Car Park, Polzeath - Moorside Legal
« on: May 21, 2025, 12:26:46 pm »
Many thanks for you reply and proposed email.

May I ask, am I in the wrong or right in this situation, i.e. if we didn't 'park' (because there were no spaces available)?
Is Ashby v Tolhurst [1937] 2 K.B. 242. still definitive case law?

By the way, as we didn't get out the car, we didn't read any signage in the car park so would have no way of knowing contract terms or entering into any contract by parking.

Thanks
T

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Private parking tickets / PCN - Alliance Parking - Seaview Car Park, Polzeath - Moorside Legal
« on: May 20, 2025, 04:39:07 pm »
Hi
We were on holiday in Cornwall and made the mistake of driving into the Seaview Car Park.  No spaces available so we sat in the car for 10 minutes and then exited the car park.
On return from holiday we had a PCN from Alliance Parking which I immediately appealed with the reason we did NOT PARK.  I did admit I was the driver.
Alliance then passed the matter to 'Trace Recovery'.
I issued a 'Cease and Desist Notice' to Trace citing them and Alliance Parking which received no reply. The 'Cease and Desist Notice' cited 'Ashby v Tolhurst [1937] 2 K.B. 242' and the determination that 'Parking' was to 'leave your car'.
Alliance have now passed the matter to Moorside Legal.  Moorside have sent 3 letters, latest of which is a 'LETTER OF CLAIM'.

What do I do?  Part of me wants to pay the £170 just to get rid of them but equally that capitulation would be wholly unprincipled - unless of course, I am in the wrong.

Looking for advice please.
Do I pay up
or
Fight and if so, what do I do next?

Thank You
T

Cease and Desist including PCN, Appeal and Trace Letters
https://drive.google.com/file/d/1yPpnDWaoJcjKeJ8eI4P3VQAGcCdCgt_n/view?usp=sharing

Moorside Legal Letters
https://drive.google.com/file/d/1RC87QqBfWCIk5f6X0SJe4s3p5nvh-C3p/view?usp=sharing




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