just an update, I received a letter from Equifinance, all they have sent is an arrears statement from November2019 - Feb2020
No sign of the returned SAR and no acknowledgement of it.
They have until 5th March.
I haven’t had any contact with them since the payment of £3000, so I don’t know why they have sent an arrears statement.
not th end of the world if you cant, asking the question and showing they dont know the answer should be enough as long as you can demonstrate what the correct spec is.
as said the law doesnt actually apply to private land but as in all matters here judges have decided that some sort of uniformity must apply otherwise the parking co's will paint their boxes too small on purpose just to get the money. It also shows the limits of their powers because in reality they have no say on what paint jobs the landlord puts down so it brings into question what exactly do they ahve the powers to do and that goes back to their contract with the landowner.
this allows you to bring this up when teh judge may have just waved it through as being legit if there wasnt somehting else.
reminds me, I would state that they ahve failed to produce the necessary authority by way of a contract with the landowner that assigns them the right to enter into contracts with the public and to make civil claims in their own name. make this point 4
the defence for all airports and harbours will be the same
lack of authority to make a claim as byelaws apply.
not "relevant land" POFA doesnt apply so no keeper liability can be created.
signage is prohibitive so not a genuine offer of a parking contract ( dotn forget, you have to stop to be able to read and consider the offer on the sign!)
claim is vex as parking co know that their claim is an unlawful penalty as they have lost them all before at JLA for same reason
point 23 another thing to do if you have the time is to measure the width of the bay. The RTA states a minimum of 1.8m so although the law doesnt actually apply to private land it is easy to argue that the gold standard shouldapply to create equality with concil run car parks otherwise th marking of bays could be deliberately dome in a manner that is designed to force motorists to breach the conditions and thus force them to pay the third party parking co rather than provide a measure of parking management.
even asking ther rep wherther the parking spaces and signage conform to the specs drawn up by the DoT may well be enough, esp if you take evidence of what that spec is for all parking spaces and signage and that will save you from going out with a tape measure and forcing them to do that instead
basically quote the regs and have the references in your WS and all of the detail as additional evidence
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