Jump to content

lookinforinfo

Registered Users

Change your profile picture
  • Content Count

    5,407
  • Joined

  • Last visited

  • Days Won

    29

Everything posted by lookinforinfo

  1. I would agree that the PCN fails. It is supposed to be a Notice to Keeper advising them that the driver breached the T&Cs and that if the driver does not pay after 28 days then the keeper becomes liable for the alleged debt providing guidelines of PoFA have been adhered. First the PCN has to state that they do not know the name of the driver and a current address for the service and invite the keeper to pay the charge or if they were not the driver to provide the driver details and pass on the PCN to the driver So to my way of thinking, until the 28 days have elaps
  2. What was the extra £50 they got away with since the Beavis case had blown extra charges out of the water.
  3. They cannot show you their PDT record for that day since that would breach the GDPR of every other motorist. You could explain that your wife may have inputted one of several reg. nos. and see if they will look at that. Of course she may have got one of the letters wrong as well as the actual car that she was driving which would encourage the crooks to keep pursing. They will still need strict proof that she didn't pay. Like a picture of the windscreen without a ticket showing.
  4. That is astonishing. I am so sorry you had that Judge-probably every other judge would have found in your favour.
  5. I am being a bit thick here perhaps but if your wife parked her daughter's car there then the PCN should have gone to your daughter if no payment was made. And how did the PCN get to your wife if her car wasn't there? Oh I have forgotten that your daughter could have her car registered at your home address but still wouldn't explain the PCN going to your wife. And have you asked NCP to check if your daughter's reg no. was paid for? Also did NCP's takings for that day tally with the number of cars that parked there that day. You can tell them that they
  6. it could be helpful to post up their contract with Southend airport and photos of where they filmed you stopping ie road markings and street signs.
  7. Just because the receipt has been thrown away doesn't invalidate the payment. Besides there are several other hurdles that the crooks who run hte car park have to overcome before they can successfully win in Court-even if your wife hadn't paid at all. As a start please complete the questions on post 2 and then we can begin pinting out where they have gone wrong already.
  8. As dx100uk has already said there does not look like there is much chance of Minster going all the way with this although they will still huff and puff and you will get letters from unregulated debt collectors and third rate legal companies which can be safely ignored. Obviously if they send you a Letter of Claim come back and let us know. If you get other PCNs in the future from other companies do not appeal. Most PCNs include the statement about POFA which if worded correctly allows them to pursue the keeper if they cannot find the name of the driver. If the
  9. Thank you for the postcode and photos. I have looked at the Newham Council planning and there is no mention of any permissions being applied for. Ergo there is no planning permission for their signs therefore the signs should not be there so they cannot form a contract with motorists. There is a sign at the entrance which is facing in one way that motorist turning right into the car park wouldn't even see it . And even those coming from the left would have difficulty reading it or understanding that they were entering a private car park.
  10. I would say when you come to do your Witness statement that the font sizes on their main signs, especially at the entrance, are too small. You cannot get the gist of what their terms and conditions are while driving past. As their is a payment meter, their T&Cs should be on the meter so that you know what you are paying for and what their terms are. The small sign on the meter does not look like it can contain all their terms. I am sorry to ask you this but would it be possible to take a close up of the notice on the meter so that it can be read. The sign on the
  11. I would add that in order to qualify for data from the DVLA they must comply with the Code of Conduct. BPA Code of Conduct Glossary A Parking Accredited Trade Association (ATA) A parking operator must be a member of an Accredited Trade Association (ATA) that is recognised by the DVLA to be able to request the Registered Keeper’s details if they have ‘reasonable cause’. AOS The Approved Operator Scheme (AOS) is the BPA’s Accredited Trade Association for people and organisations that undertake management of parking on private land. Members of the AOS must adhere to
  12. Even if the boyfriend doesn't have parking rights this case below illustrates that there are other reasons to avoid paying the crooks. IE what the landowner arranges with the parking company and trespass too of course. Also not having a permit means that no contract can be formed because of the doctrine of impossibility of performance. http://parking-prankster.blogspot.com/2017/06/pace-given-pasting-in-manchester.html
  13. Could you please post up your Letter of Claim as they usually take several months at least before they start going down that route , if at all. Could you please post the postcode for the Hallsville quarter as there are two in London. Most parking companies don't bother with planning permission since it takes too long and therefore interferes with their ability to rip off motorists. But not to have that permission is illegal and it follows that the signs are there illegally too. It also breaches their Code of Conduct. Well done for getting their signage done and if
  14. In addition the maximum that can be claimed is what is stated on their signage -usually £100. Anything more than that renders their claim to be a penalty and unenforceable
  15. There have been occasions when some of the lesser known parking companies have issued PCNs that state "Penalty Charge Notice" rather than "Parking Charge Notice". If you have received one of the former tickets then yes you will win for that reason. Many MPs and Judges have been rather disparaging about the similarities of the private parking companies imitiating the official Penalty Charge Notice but you appear to be the first person recently who is using it as part of your defence. I hope you will return and let us know the outcome.
  16. You could have won on the grounds that "No stopping" does not form a contract as it is prohibitory: that POFA only applies on relevant land and airports have their own bye laws or are subject to the Road Traffic Act, or perhaps that you were a trespasser and thus can only be sued by the land owner. You could always try asking for your money back as they breached your GDPR since they had no legitimate reason to issue you with a PCN.
  17. There is a WS on a thread just above you from M1n1me that would help with what to say. Also at the top of the Private Parking section you are on there is a list of some of the successful Court cases we have had. There you should find other wins cases that are more relevant to yours where you should find more WS examples. when you have done it post it up here and we will make suggestions to strengthen your classic necessary. Please Also post up their WS so we can testify to pieces which helps your case.
  18. First thing is to block their email address and send them an email that they must conduct all their correspondence by mail NOT email in future and remind them that you have yet to receive their WS. Very good WS-they should withdraw their claim against you if they have any sense.
  19. Looks like another reason why you do not have to pay. If the scheme allows visitor parking but does not mention in tenants leases that visitors do need permits then there is confusion. How do visitors get a permit ; can you have a permit for One day or more or are they restricted to just a few hours; do permits have to be applied for days in advance of can they get them on the day etc. etc.
  20. Have you checked with your friend to see what their tenancy can let them do. Also see what the tenancy says about visitors and if the V on the parking area does refer to visitors, can you find out how those visitors are supposed to get permits.
  21. Dx is right that you do not wait for their WS, but leave it till the last minute as it is a tremendous advantage to you should you be able to see it as it should give you a lot more ammunition before you send our WS off. In any event, do let us see it before you send it off as we may be able to give advice to help you win your case.
  22. Don't give up. There is no point in paying something that you do not owe. I already explained why you do not owe them any money. Because you didn't have a permit that means that you were trespassing. City Limits cannot take you to Court for trespass only the landowner can do that and all they would get would be about one penny. Also as your father was not the driver he cannot be liable for the charge, only the driver can be charged and as they do not know the name of the driver, they cannot win should they ever go to Court. And this company tends not to t
  23. The reasons for such a snotty response is that they know you are not going to give up and pay; it forewarns the Judge that it is a frivolous claim and its fun. As you didn't have a permit it therefore follows that you were trespassing and only the land owner [ie the organ grinder ] can sue for trespass not the monkey. Now it may well be that in the tenant's parking rights may allow them to have visitors and it would be strange that they would need permits since they may be visiting at odd hours and at times when the permit office is not open. Another thing
×
×
  • Create New...