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    • Hi ok thanks for replies. I had trouble finding how to reply on  my phone and don't have a computer, so am at the library which is pathetic and closes at 5pm so hard to get there   Name of the Claimant ? Excel Parking claimants Solicitors: BW Legal   Date of issue – don't have on me but it was in Sept 2018 (previous claim from 2017 resurrected) * Court date is 17th Dec -Next Tue   Date of issue   ^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE ON THE CLAIMFORM IS ONE IN THE COUNT [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total   What is the claim for – PCN Not displaying a valid ticket for the private car park 468 Bury New Road, Prestwich I have copied their WS below with map location, signs, etc     **IMPORTANT** WE NEED TO SEE THE FULL POC MINUS YOUR PERS DETAILS>> NOT AN ABRIDGED VERSION**THIS MUST INCLUDE THE LOCATION   What is the value of the claim? original ticket was £100 plus additional fees so its at £255   Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Original Excel Parking   Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what this is?     I WILL TRY TO ATTACH THEIR WS - having trouble Do I just scan it in and attach it?   In the mean time my outline defence is:   No locus standi as have not produce a signed contract Under CPR 31.14 that the claim be struck out on the grounds of no locus   *I requested the contract and they did not provide it initially, however in their WS they have produced a signed contract from the pension fund who own the land    I was not the driver of the car. I have no evidence of the driver's identity. This dates back many years (2015) and difficult to remember who could have been driving  *their WS states I only said I was not the driver at a late stage and when filing an amended defence, and appears I developed a defence to avoid liability. I have stated this from the start.  Also that I alleged no correspondence, and the onus is on the driver to update DVLA. I did update DVLA, but I moved numerous times due to domestic abuse. This was in my set aside Also question how I would be able to comment on the signs if not the driver of the vehicle, as she would not have first hand knowledge, therefore it is the claimants position that she is being disingenuous I put Excel to strict proof that any contract can exist  *Their WS states it falls foul of the unfair terms in consumer contracts regulations 1999(UTCCR 1999). Claims the regulations don't apply? keeper of the vehicle - as the protocols of the POFA have not been followed so no keeper liability created. DVLA data was supplied for the single strict purpose of enquiring who was driving, not for bringing a case against me years later  Signage not a transparent contract insufficient in terms of their distribution  wording and lighting hence incapable of binding the driver, which distinguishes this case from the ParkingEye Ltd v. Beavis case  Sporadic and illegible charge not prominent nor large lettering site/entrance signage breach of the BPA Code of Practice. The entrance sign is on the left side so not the drivers side. The signs have no mention of any debt collection additional charge  The signage was not lit and not transparent contrary to the Unfair Terms in Consumer Contracts Regulations 1999.  The entrance sign refers to the terms and conditions on another sign The signs did not have planning permission under the Town and County planning. I have an email stating there was no planning permission from the council. * Their WS says they do not need planning permission by being an approved operator of the trade association, and it is not for the county court to determine planning permission.   The signs do not fall under deemed consent.    * Their WS states my defence appears to be cut and pasted from websites relating to parking whose aim is to assist motorists on contesting PCN's. Large portions are non sensical and irrelevant to the claim   Unacceptable as the defendant has signed a statement of truth whilst clearly not being the defendants knowledge   THANKS FOR YOUR HELP x   You mention I can get it struck out as they haven't sent me a bundle? They have sent me their WS online, no hard copies but I'd prefer not to go if possible  
    • Redacted and merged to one PDF   Attached is my witness statement and supporting evidence that I am going to give to the court, the court have said they will not even look at it until the day of the hearing, so I am OK to send it to them only a few days before the hearing.    Do you think it is worth me sending this to BW Legal, in the hope they will drop the case before it goes to court? Or am I better not showing my hand to them, so they cannot amend their evidence based on what I have stated?   If anyone would be kind enough to read through my statement and give me their thoughts, that would be very much appreciated.  ilovepdf_merged.pdf
    • Update.   So I received my court date. Any evidence from both sides needs to be sent to the courts and opposing sides 10 days before the court date.  No defense to file so this is where things differ from the rest of the UK. Would bank statements be enough evidence to prove my statue barred case?  
    • Right, I might go through Resolver, it certainly got my banks attention sharpish recently on another matter.   It seems to me that two pairs of the same model of boots failing in succession strengthens my argument so should I start from scratch with both pairs n a single complaint?
    • Why do I need to write this down?   What do AOS and CPR mean?       Note to admins, also, this editor is crap for quoting, how do I go to markdown?
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Mysteriouslurker

Smart Parking ANPR PCN - overstay , Haven Banks car park in Exeter o

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Hi there,

 

My pregnant wife and I parked in the Haven Banks car park in Exeter on a Sunday afternoon and paid the parking charge for 2 hours.

 

We have subsequently received a Parking Charge Notice showing images that say we left the car park 2 hours and 15 minutes after entering and so we are required to pay up to £90 (£54 with early pay discount).

 

I am new to all this but see from the forum that this is not the first time their charges have been brought into question.

 

My wife is over 6 months pregnant and so is obviously slower at moving than normal and also takes time to get organised and comfortable in the car and so a fine of up to £90 for 15 minutes in a fairly quiet car park is excessive.

 

Furthermore, the signs are not very clear so we almost missed them when we first arrived.

 

I have not yet responded in any way to the letter as I have just received it in the post, but would be grateful for suggestions as to how best to approach this situation.

 

Many thanks in advance.

Edited by dx100uk
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start off by reading every thread on Havens Bank.

Their kit is not fit for purpose.

 

In the meanwhile do not respond, let them waste their time and money.

 

Do not try and mitigate any actions, it is irrelevant as to why a contract was broken unless the reason lies within the offer of contract itself.

 

This is not about parking, it is about unilateral or collateral contracts.

 

Pregnat wife? Doesnt matter.

Got only 1 leg so diabled? doesnt matter.

 

Too drunk to read contract

- now there you raise an interesting point about capability to understand and accept offer

Edited by dx100uk
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PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

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Another one within a few days... you chaps must love seeing this place pop up.

 

@Mysteriouslurker I'm only a few days ahead of you myself.

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Thanks a lot for your replies guys,

I take your point but would feel more comfortable providing some kind of response/appeal to them before the deadline.

 

I've answered the points below.

 

For PNC's received through the post [ANPR camera capture]

 

please answer the following questions.

 

1 Date of the infringement 9th June

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 22nd June

 

3 Date received 25th June

 

4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [y/n?] N

 

5 Is there any photographic evidence of the event? Yes - 2 photos with alleged entry and exit times

 

6 Have you appealed? {y/n?] post up your appeal] Not yet

Have you had a response? [Y/N?] post it up N

7 Who is the parking company? Smart Parking

 

8. Where exactly [carpark name and town] Havens Bank, Exeter

 

For either option, does it say which appeals body they operate under. POPLA

 

@Mrfish, this seems to be one of the worst offenders, good luck!

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Funny,

your alleged 'offence' happened on the same day as mine and you also received it on the same day as mine.

 

The NTK has arrived one day to late for the Keeper to be Liable.

 

The lovely people on here will be here soon to tell you what to do.

 

Just for reference my thread is a day old and has some more information on it.

 

Could have two wins here.

 

I'm new here myself so I'll leave it to the experts to help!

 

Get a head start and read POFA 12 and various other cases.

 

Best of luck!

Edited by dx100uk
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Thanks MrFish, what your NTK arrived too late or mine?

I can't believe how much of a [problem] this seems to be.

 

Will take a look at POFA 12 and see what I can understand!

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Hi and welcome to CAG. MrFish means both of your NTKs are late. The NTK must arrive within 14 days of the 'incident' The difference in the dates, 9th to 25th is 16 days.

 

 

Even if SP took the day after as day one, they would still be out of time.

 

 

Now, I would be appealing to SP on the grounds that they must give a MINIMUM of 10 minutes grace so they could have easily allowed an extra 5 for your wife's 'condition' but we know that any appeal to them will be denied but that gives you the POPLA code so you can then take it to the 'independent' appeals service with the BPA where you can then hit them with the late NTK. This costs SP money (around £30) with no guarantee they will win.

 

 

 

Equally, if you lost the appeal, SP would have to initiate court action again with no guarantee of a win. We would need to see a copy of the NTK to assess whether they are actually using PoFA 2012. The NTK should have stated this somewhere as grounds to get your data and that is one of the rules they should follow to be members of the BPA.

 

 

That's my opinion. Others will no doubt offer different opinions which is fine. I just like playing them at their own game. :-)


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Thanks @SilverFox, I like the idea of playing them at their own game!

Besides any reasonable company should take that into account in these circumstances.

 

Definitely no mention of POFA 2012 on the NTK that I can see.

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OK post it up suitably redacted. It must contain certain information and even key phrases or they cant claim from anyone, let alone create keeper liability.

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Advice the same as on the other threads regarding Smart and havens Bank.

 

the NTK isnt POFA compliant in so many ways they cant legally claim anything from anyone but that wont stop them trying to browbeat you into paying up.

 

ignore them and anyone else they get involved unless the letter is a lba under civil procedure rules and then let rip with the information given about their garbage NTK and signage

Edited by dx100uk
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docs now in post 11 inc reverse

thread tidied


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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well the NTK is 100% not GDPR compliant.

it has additional information on it that Smart Parking have obtained from the DVLA.

 

therefore it MUST show the required information under Article 14 of the GDPR in order for there to be GDPR compliance.

 

it doesn't. they have therefore unfairly and non transparently processed and stored the RKs personal data.

 

I would send them a SAR as first stage if you feel like taking it further including compensation from them for the unlawful processing.

Edited by dx100uk
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