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Helenw123

Cel/star parking pcn Lambourne Hse, Bridge Cross Rd, Burntwood, WS7 2BX **CANCELLED BY CEL**

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ive just had a ticket at this site.

I've parked there a number of times, always on a sat evening whilst going to the restaurant and genuinely didn't know you had to pay and didn't see the signs (dark) and have never had a ticket before.

 

I'm absolutely gutted about this.

Part of me doesn't want to pay as it was a genuine error but the other part of me can't be bothered with the hassle and risk of paying more.

 

I'm annoyed at myself as I know they rely on people like me just paying

I've parked there before, always at night and had no idea you had to pay (or I would have) never been 'fined' before so am gutted about this one.

 

Really don't know what to do about it.

I know advise is to fight back but I can't deal with the stress of potentially having to pay more, even how I don't think I've done anything wrong.

 

To date I've done nothing as I am still deciding which manner to appeal in, be honest and hope someone is kind to me (wishful thinking I know) or appeal on various technicalities.

Edited by dx100uk
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start your OWN thread please!!

 

dx

 

I’m totally new to this site and was hoping to follow the previous person for a bit of guidence of what I might do. There is no need for capital letters thank you very much. If it’s a rule to the site a bit of friendly advise wouldn’t go amiss.

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click the start a new thread link..

yes ofcourse you can ref this and the other thread you posted on.

just bookmark them.


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Helenw123,

whilst DX's post may appear acerbic, you should appreciate that so many 'newbies' piggyback on other's threads that it can get very messy. Whilst your situation may appear similar, even identical, to someone else's, defences often rely upon subtle details. As one of the regulars will often point out, private parking issues are nothing to do with parking, it is all to do with contract law.

As such it is important not to confuse issues between individuals.

 

Welcome by the way. The site is a self help forum, so you will need to read other threads to see how these things work. You will then appreciate how confusing it can be if several posters are seeking advice on the same thread, particularly when they are at different stages. I am glad that you did not refer to your parking charge notice as a fine as that raises DX's blood pressure!

 

Could you please look at the following link, then copy into a word document, add your replies, then copy and post into your new thread so that the experts can advise you personally.

https://www.consumeractiongroup.co.u...-Viewing)-nbsp

  • Confused 1

My time as a Police Officer and subsequently time working within the Motor Trade gives me certain insights into the problems that consumers may encounter.

I have no legal qualifications.

If you have found my post helpful, please enhance my reputation by clicking on the Heart. Thank you

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Hello, I'm hoping for some advise.

 

I received a parking charge notice for non purchase of a ticket on a car park I had no idea I had to pay on.

 

I've only ever been at night when it's always dark, I've never paid to park and never had a pcn before.

 

I genuinely didn't know the car park was pay and display or I would have brought a ticket.

 

I've since been back in the day time and there are lots of signs but they aren't illuminated and if cars are parked in certain places you would struggle to see a lot of them.

 

Any advise gratefully received

 

, I'm so annoyed about this, and on principal don't think I should pay it as it was a genuine mistake (although I know they won't care).

 

But I really can't deal with the stress of possibly going to court and certainly can't afford to pay more than the original £60.

 

Thanks.

 

I have photos but don't know how to upload on this page?

 

Have I added pics?

 

Signs on car oark

IMG_4774.JPG

IMG_4773.JPG

IMG_2570.JPG

IMG_2571.JPG

Edited by dx100uk
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Hi.

 

Yes it looks as though you've added pics. People should be along to advise.

 

HB


Illegitimi non carborundum

 

 

 

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Moved to private parking forum

 

Please complete this

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(1-Viewing)-nbsp

 

Can you please vput all you sideways pix into one multipage pdf so we can zoom and rotate them please!!

 

Read upload


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

 

please answer the following questions.

 

1 Date of the infringement 18/8/18

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 28/8/18

 

3 Date received 30/8/18

 

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

 

5 Is there any photographic evidence of the event? No

 

6 Have you appealed? {y/n?] post up your appeal] no

 

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

 

7 Who is the parking company? Starpark

 

8. Where exactly [carpark name and town] Lambourne house, bridge cross road, burntwood, ws7 2bx

 

I can't figure out how to out them in a format you can see other than an image,

 

If you ask me the information you need I'll try to answer it.

 

I really appreciate the help, but only have access to phone and tablet so other than taking a photo and uploading I don't have any other way to share the information

 

Infringement was 18/8/18 19:40:26-22:09:54

 

Letter from CEL

 

Ntk and site photos as PDF (I think/hope)

attachment.pdf

Edited by dx100uk
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we need to be able to read the NTK to see the time and date of the event and the date the NTK was issued.

 

We also need to know who has issued said NTK.

it looks like CEL and they arent the car park operator but the same bandit, Ashley Cohen has hidden interests in both companies despite him not declaring this to Companies House.

 

The letter is so awful it does not create any liability to pay, let alone a keeper liability so do not respond to it in any way until we advise otherwise.

 

Starpark's website contains no information that coud be construed as being contractual in nature and they dotn identify themselves by having the necessary details of an address for service of documents etc so cant offer a contract.

 

CEL have their name on the sign along with starpark but they arent the creditor and therefore cant claim a bean either.

Edited by dx100uk
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please read upload

it tells you how to do pdf's

 

dx


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

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Ntk and site photos as PDF (I think/hope)

 

Is this site only monitored Monday -Friday? Just checking as I need to either pay up or lodge an appeal on Monday and I'm going on holiday. Thanks

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helen,

id lodge a defence,

 

all i did was write that it was dark (it was 8pm for me)

i did subsequently learn that you shouldnt admit keeper liability.

 

The people on these forums are amazing.

please dont panic and please dont pay.

 

i know it is easy for me to say now that mine was stayed but thwey are just trying to scare you. they have no right to take money from you.

 

i decided that even if i had to go to court then id happily try to defend my case because they are robbers to say that you owe hundreds of pounds when a parking space is £2.50 for the whole day is disgusting and i would have been prepared to say that to a judge.

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Thanks so much for getting back to me.

 

I was just about to pay it.

I’m so annoyed about it but have a young child and can’t risk going to court or paying more money (even if it Is just an empty threat)

I need to do something tonight.

 

I’ll write an appeal and I guess that’ll stop the clock until someone can give me some firm advise on what to do.

 

I’ll jist refer to ‘the driver’ and won’t say it was me for now and see what happens

I’m sure they’ll reject it but buys me a bit of time.

Thanks for the response.

I really appreciate it.

Edited by dx100uk
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Don't ever say you were driving, Helen, just stick with 'the driver' as you say.

 

 

HB


Illegitimi non carborundum

 

 

 

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Will do thanks. Hopefully one of the experts off the site will respond soon.

 

How many letters and threats did you have before they dropped it? How many weeks did it drag on for? (That last comment was for the lady who had her ticket dropped)

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Will do thanks. Hopefully one of the experts off the site will respond soon.

 

You can also help yourself by reading around other threads about CEL to start with. Defences don't normally need to be long, you need to counter what they claim you did wrong.

 

 

Can you remind us what their POCs [particulars of claim] say please, verbatim?

 

 

HB


Illegitimi non carborundum

 

 

 

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I have read the other threads and have a few pointers. I’m sorry but I don’t m ow what POC means. I have attached pdfs of the pcn above.

 

The pcn claims ‘payment not made in accordance with terms displayed on signage’

 

I didn’t buy a ticket at all (was dark and didn’t know it was pay and display as have parked there previously and not had a ticket). Technically if I didn’t buy a ticket at all have I entered into any contract with them?

 

I just need a few pointers on the things I should use an appeal and I’ve read I need to point out the contract issues and not my excuses for not buying a ticket. (Sorry if my choice of words isn’t correct)

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POC is "Particulars of Claim", or what they are suing someone for. PPCs are greedy gits and the POC is often fatally flawed.

 

 

Hover your mouse over the poc in bold in your previous post to see more.


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I don’t think I’m being sued yet. It’s just a pcn at this stage. Apologies for my lack of legal speak

 

I’ve lodges an appeal now as it is the 13th day. Hopefully

I’ve done the right thing.

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Technically if I didn’t buy a ticket at all have I entered into any contract with them?

 

The first question to ask is was a contract ever on offer? If yes , then the fact that payment was not paid means that the contract was not accepted and the motorist was

trespassing.

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I’ve read some other similar threads since I posted that comment.

 

I’ve based my appeal on the fact that there was no contract offered as the signs were no illuminated, positioned where would not be clearly seen by the driver entering the site and leaving on foot so no conditions were made clear to the driver.

 

Also since returning to the site in daylight it was noted the sign offering the parking contract belongs to a different company so it’s not clear who contract is with, plus no t and c at machine.

 

Hope I’ve done the right thing.

 

The

Edited by Helenw123

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sounds good

 

whos the other sign from?

 

dx


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

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

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

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Ok is it Starpark by any chance?

 

You WILL need picture of everything, the signage, ticket machine, entrance to the land from the public highway and so forth should they decide to chase you via the courts so be forearmed

 

get the pictures now in case they change the signs. CEL have a habit of producing computer mock ups of signs and contracts that dont exist or are different to the real ones.

 

better do this whilst it is easy to do so and for the moment ignore CEL or anyone else until you actually get a letter before claim

Edited by dx100uk
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Yes it is Starpark.

 

I have photos of everything (went to look the day after the PCN came through as I was genuinely shocked it was pay and display)

 

When you say a ‘letter before claim’ what do you mean? I’ve emailed an appeal to CEL last night disputing the existence of any contract.

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a letter titled letter of claim from A solicitor

 

dx


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

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