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By lookinforinfo · Posted
There are a number of things wrong with the PCN. First as already mentioned there is no parking period mentioned. There has to be a start and an end to the parking period. You were supposed to be there and the permit was available to you. Does the signage cover their T&Cs for 24 hours? It would have been better had a photograph been added with the permit included. Could you still do it without including the day and time? This would show that you were entitled to be there. N Not sure that the driver would be granted a grace period if no permit though that could mean the driver was trespassing and only the land owner can sue for trespass. But the driver could always put them to strict proof as to the length of stay the car was there. Then there is an argument to say that the car was stopped and the T&Cs were read. After reading them the motorist left but a ticket had already been issued. The second thing wrong with the PCN is the wording they used does not comply with Schedule 4 s9 [2][f]-the words in brackets are missing. The third thing is that they are claiming £115 if payment is not received within the stipulated time. That makes the PCN unlawful since the maximum that can be demanded is £100 and that amount should definitely not appear on the Notice to Keeper which is very strict on what can be said. All that means is that the keeper is not liable for the debt. Only the driver is. So as long as the keeper does not divulge who was driving there is no one Premier can sue. There is also a new Act coming out called the Private Parking Code of Practice . This is an upgrade on the Protection of Freedoms Act 2012 and allows tickets issued for a Permit or a Blue Badge for instance not being shown at the time of the offence to be cancelled if they did actually have a current Permit or Blue Badge at the time.It is too early to know if Judges will take that into consideration yet bt we may know more once some of the newer cases arrive in Court. -
its no diff evri lost a parcel. same process as any lost parcel thread dx
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By mantis shrimp · Posted
statute barred means that the period set by the Limitation Act 1980 after which a claim may not be brought has expired. -
By robert_harper_2000 · Posted
so delete this The Claimant has not complied with paragraph 3 of the PAPDC (Pre Action Protocol) Failed to serve a letter of claim pre claim pursuant to PAPDC changes of the 1st October 2017.It is respectfully requested that the court take this into consideration pursuant to 7.1 PAPDC.
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