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    • Lastly, I will go to the site to get updated images, but from google earth, you can see from the pictures the entrance states it is for the hotel parking, which I follwed instructions and gave my details to the hotel. Where I think my car was parked (it was that long ago I'm not exactly sure) there are signs on the opposite wall, but it was 12.30am, pitch black and they could not be seen.
    • I was planning on collecting up other court cases they have lost, to refer to as part of my evidence, I'm not sure if this is worth doing or could just confuse matters? But there seem to be many where the judge has ruled against them because of confusing and not clearly displayed signage, trespass, as well as their charge being £100, which is more than the Bevis case said was reasonable.    A quick search found this article as one example KBT cornwall lose case article.pdf
    • OK, I will do now. I did look to black out certain things, but I was not sure what I should and should not redact and there was nothing on there that was personal enough for me to be concerned with being made public. So I am happy for all to view, but if you are kind enough to redact what is needed as per the forum rules, that would be amazing. Armtrak Defence documents_compressed.pdf
    • yes but have the landowner paid this years contract fee. no evidence they have in the ws. pop it back up now if you wish. the forum is quiet i'll redact it for you so we have the info.   dx  
    • Thank you all so much for taking the time to comment and help, I really do appreciate it.   Just to elaborate a bit more on the background, just because my lack of knowledge of the process might mean I've actually done things along the way that I did not know what they were and so hadn't mention it.    When they decided to go to court, I was offered mediation, which I took. I offered to pay the reduced rate, just to make it go away, but insisted it was not an admission of guilt, it was a goodwill gesture to save us all the effort of court. They refused and wanted £250.    A court date was set, but in Leeds, then a couple weeks later I received another letter saying it had been moved to London.   I was not aware I had any say in which court it would be held at, but I now understand i have good reason to request it is moved to a local one to me, which is also local to the offending place, I will call the court tomorrow and explain that. But so far I have only been told what is happening, I've not been given the choice for anything.   They seem to be going down the route of a contract breach, not trespass which is interesting. There is a document in the evidence which has the agreement between themselves which I assumed meant they can pursue me.    I am going to visit the site again shortly, at midnight the time of the offence and take pictures to build a case file of the route I took to enter the car park, how it is in the hotel grounds and no signs can be seen.    Am I right in saying, the fact they do not actually have any pictures of my car in the location they say it was in, just because all of the pictures they have were at 12/30am and it was pitch black, I am going to say my car was parked correctly in the hotel side, not on their land and it is then up to them to prove otherwise, which they are not able to do, because the burden of proof lies with the claimant I think?
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Thewigster

Misread Sign and Napier FCN received - civic drive ipswich

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this is PP for the development and includes lighting but not the signage added later by the parking cowboys.

 

 

They will have to had separate permission once the place was up and running.

 

This seems to be a point that many people are missing and that includes most councils.

 

 

Just because somehting can be free and isnt enforced doesnt mean you can ignore the law or it hasnt been broken.

 

 

Most motorists speed for a short while and never get caught but that hasnt changed the law on speeding to make it legal!

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Thanks for that Ericsbrother would you say it's a good idea to speak to the council then and and if pp was granted for the signage at a later date then ?

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you can ask them but the thing is that it is for the parking co to PROVE they have the right to offer contracts so if they dont have PP they are stuffed.

 

 

It is not for you to prove they are in the wrong but knowing whether they asked the council in the first place will be useful to know.

 

 

Dont get into a long discussion about "deemed consent" or the like, it is not applicable

but most councils have bigger things to fret over so say anything to close the enquiry

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i have the name and number of the chap who is in charge of planning etc ,

what do you suggest > leave it and see if Napier persue it ( which i expect they will ) or appeal it.

 

 

if i appeal it though ,

would the grounds be that i contest the charge based on the fact the signage is misleading due to not CLEARLY displaying the terms of the contract being offered ?

 

thanks again

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in these matters you make them do the work.

 

 

Most people who come here in a pickle are in that position because they hurried things in the vain hope that decency would prevail then it never does.

 

 

By all means ask the council bod about it but dont spend for ever worrying if they say somehting like it isnt needed because the law as written says it does but there are no real penalites for not complying.

 

As for the parking co,

yes, I would make them do the running and when it looks like it is getting critical let them know that you are no pushover and create that paper trail that lets them know that you arent burying your head in the sand.

 

 

To contact them first will make them think that you are minded to pay up if they try a little harder so they will.

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