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    • Not very good for a 4 year old very expensive over priced laptop.
    • Yes print 3 copies......Claimant Solicitor not the claimant....the address will be the same as your Proposed Notice of Allocation. CCMC Salford.   This is to allocate the claim to track...the next stage of the claim process.....as for if you have to pay .....who knows until it actually gets to a hearing and you win or lose. 
    • now I notice 2 things, 1 they have failed so say who the creditor is so they have failed to create ANY liability 2 thay have failed to indicate the location of the alleged incident, Chalon way industrial estate? housing? multistorey car park? the POFA is clear on this, no correct location, no charge. 3 in the second NTK the image of the car leaving appears to be an image of a car entering the car park on the wrong side of the road ( I do this a lot) As the cameras they use are at best 95% accurate this leaves room for doubt that they have actually captured your vehicle in both pictures as entry and leaving  for the same parking event. 4 Your problems are not parking events so cant be breaches of contract as described. Have a look at the BPA code of practice and see if the Hansard for the dabte on the POFA is available online and hopefully they will describe such events and say what parking co's must consider.   Dont respond to them until you have a definitive answer on thsi last point as I wouldnt bother argue with them over the other points as they wont care and it will reduce your chances of surprising them later on if they still fancy saying a breakdown is parking
    • E&W=England and Wales for correct sign see TSRGD paper on disabled parking and within that fig 6. note layout and size Whilst you are at it look at all of the suggested floor markings and bay sizes. The ones shown dont pass the regulations. That means they have fiale to meet planning regs. So then we look at intent- now they will argue that the intent is clear but then as the layout, markings and signage fail to follow the code of practice they will be considered advisory (as they should be on private land). Can it be true that you can be sued for ignoring someones advice, esp when there isnt a contractual term that says anything about it in the first place? In the fullness of time you will be copying this pdf and using it as evidence. In the meanwhile you stick to the deadlines imposed by the court procedure and if they fail to pay the allocation fee in tiem you ask for the case to be chucked out. At near the end of thsi month you post your outline defence via the moneyclaim portal and state that (1) the claim is denied as there  was no offer of a contractual term to breach in such a manner  (2) the claimant has failed to show a cause for action against the defendant, being the keeper of the vehicle because they have failed to follow the protocols of the POFA so cannot create a keeper liability in this matter.  The claimant has failed to identify the driver at the time (3) the Particulars of claim are so vague  it is impossible to determine what the claimant is actually relying upon to show a cause for action in terms of the location, date of event and how the the amount of the claim (sum of £160) was arrived at and particulary the signage they rely on to form a contract with the public. The defendant invites the court to issue a Case management Order under CPR3.3 to instruct the claimant provide evidence that signage that expressly offers a contract exists as claimed and that this contract was then breached as the defendant believes that the claim has no reasonable grounds and is a waste of the courts resources and should be dismissed if such evidence is not produced.   the last point may well be ignored whislt the paperwork is processed at Northampton as they dont read much of it and it will only be read once it gets allocated to your local court so prepare to get as far as a hearing in any case.  
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brassica

PE ANPR PCN - overstay Welcome Break Leicester Forest East (Northbound)

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Hi, Appreciate any advice with the following please.

 

Driving from Kent to Tyneside

stopped at Leicester Forest East at 6pm had a coffee fell asleep and left at 9pm. It was dark so no recollection of any signage being displayed.

 

I have now received the first letter asking for £100 but discounted to £60 if I pay within 14 days.

 

I feel miffed as it was late and I was as tired and the car park was empty.

 

What is the best couse of action?

I fear that making an appeal to PE will just be rejected or should I just ignore the enevitable PE threatening letters which will follow.

 

Regards

Brassica

Edited by dx100uk
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please complete this:

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?462118-Have-you-received-a-Parking-Ticket-(8-Viewing)-nbsp

 

and scan up both sides of the NTK to ONE pdf

read upload


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1 Date of the infringement 29th November 2018

 

2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 06/12/2018

3 Date received 10/12/2018

 

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

 

5 Is there any photographic evidence of the event? Yes 2 photos showing front number plate and timestamp.

 

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? Parking Eye

8. Where exactly [carpark name and town] Welcome Break Leicester Forest East (Northbound)

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

 

There are two official bodies, the BPA and the IAS. If you are unsure, please check HERE

 

If you have received any other correspondence, please mention it here

 

Please see 'pdf below

PE ticket.pdf

Edited by dx100uk
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thread tidied


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This is going to need some work. Looking on Google Street View, there is a free standing pole with the cameras on and a sign below that which isn't lit. While there is street lighting around the area, none of them are dedicated to the ANPR sign so it is perfectly reasonable to miss the sign.

 

What we really need is a newer photo of any signs around the entrance to LFE services as the one I can see is from May 2017.

 

Have a look at this blog entry from ShutEye on the Parking Prankster website

 

http://tinyurl.com/yasororl

 

As the post code of this site is LE3 3GB it is likely that any planning permission for the cameras and advertising consent for the signs would be on the Planning Portal of Leicester City Council. Good luck with that site. I tried and couldn't understand most of what they want.

 

http://rcweb.leicester.gov.uk/planning/onlinequery/mainSearch.aspx


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Ignore the Leicester City Council link. LFE services come under Blaby District Council. I have checked and I cannot see any planning permissions for the mounts for the cameras nor advertising consent (so far)

 

If that is the case, the charge should be unenforcible as the cameras and signs are illegally placed.


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most of these palces have signs about a micron across that say if you want to stop longer you ahve to go into a specific business on the premises and give them your details and possibly some cash to do so. this is so they dotn get slapped for going after drivers doing exactly what you did, stop for safety reasons.

 

Get on to Welcome Break head office and ask them whether they have seen the signs regarding gaining permission for a longer stay and where exactly they are and how the system works as you intend to make a complaint about the lack of ability to enter into negotiations about having a proper rest for safety reasons and intned to report it to the ASA amongst others.

 

What you want to do is get them to see that you are going to be awkward over this and what you really want is to get PE to cancel without you haveing to grovel to them when it is WB's responsibility there is a problem in the first place

Edited by honeybee13
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Thanks for all of the advice. Following up on the advice given I seem to be in the following status-

 

I don't have pictures of the signs at LFE and it is inconvenient for me to make a special journey to do this.

I think especially as I need to see how visible these signs are in darkness.

 

From Blaby council site there is no planning permission approved for signage or cameras and this will be required where cameras are on poles or signs exceed a certain size.

I think there is an avenue of complaint here.

Even where complainants fight the charge on the basis of there being no planning permission in most cases the courts continue the action and allow retrospective planning to be applied for.

 

As regards Welcome Break their website details what parkers need to do when exceeding the 2 hour free time period (once again are the signs adequate in informing in this regard??).

No body was available to talk to me about parking on their sites and there stock answer is to appeal to PE for all issues relating to parking.

 

At the moment I am thinking that I either Write to PE and let them know that I do not intend to pay this PCN as

I consider the charge unfair as I had to stop for safety reasons.

State that the signs are inadequate (I need to check first) and also they don't have planning consent to cover their adverts and cameras.

 

Or I ignore all correspondance totally

 

Or I write to them stating that I will not be paying and I will contest this in court and then ignore all correspondance.

 

Or pay the charge because the effort required and the stress of the letters when I am busy is more hassle than the £60 or £100 charge.

 

Any advice on tactics greatly received or is there any other angle on this not yet been covered.

 

Regards

Brassica

Edited by dx100uk
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you contact WELCOME BREAK or their owners, not the parking co.

Point out that you are obliged by law to stop driving as you did and that there was no obvious method of informing anyone that you were going to stay there longer then PE's ARBITARY limit.

 

point out that PE's signs are rubbish and get them to show they are adequate if they think they are

Get them to turn up in the middle of the night and spot them from a car!

 

PE wont drop the matter unless forced to because this s the only way they make money (doesnt help with parking control if people dont know until after the event) so no point appealing to them

Edited by dx100uk
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