TPS ANPR overstay PCN claimform - TownGate Retail Park St James' St, Newport PO30 5HF is this a valid anpr ticket

[dx100uk]

no!

[dx100uk]

4 threads merged concerning many tickets/ccj for this friend and tps giving a bit more history

 

still need..the requested info I asked for please

[letsgetitsorted]

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You certainly are cutting things a bit fine & your friend went over the time by many times the allowed 10 minute grace period. If the signage was in order I would have have just paid the £40!

 

she didnt know anything about them until she started to receive bw legal letter in october.

therefore couldnt even have chance to pay £40.

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and if they've sent their WS we need all of it inc exhibits in ONE multipage pdf

read upload

 

theirs arrived on saturday 

 

unfortunatly I wont have chance to scan and edit it all out before i have to go out, 

 

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and we need a copy of the defence you filed too

 

the defence was just a standard one from here, that one district judge liked and through 2 claims out with (will be adding that in the Witness Statement)

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can we also have the location.

the Location is

TownGate Retail Park

St James' St, Newport PO30 5HF

will update with other info a lil bit later 

thank you guys 

 

[parkingbill2018]

Fair enough if she didn't receive a PCN. 

[letsgetitsorted]

Just an update, I was able to phone the court directly today and managed to get a 24hr extention for her to get statement in, will need to get a letter in with it too to explain why.

 

anyway here is the witness statement from the claimant.

the last pages relate to 2 court orders, the first order relates to this claim, and we have not seen a revised POC as directed.

 

having read through the statement fully, the letter of claim went to her old address yet the claim was issued at her new address.

 

your thought, 

ta muchly

Lets

wit_pt1.pdf

[letsgetitsorted]

have tried to get statement up but after scanning it and splitting its still coming up too big to upload

 

[letsgetitsorted]

having read through the statement, i see that all the post went to the old address including the notice of claim, yet the claim form went to new address.

 

on 24th april the DJ struck the claim out and inviting the claimant to resubmit a new POC both too the court and to defendant, I know she hasnt received anything.

 

 

[letsgetitsorted]

 file is here  but is 29mb to download

https://drive.google.com/file/d/16XRdIPYhPbx3npfqRLNA49z7ZCTZewgV/view?usp=sharing

 

[dx100uk]

pix are unviewable.

dx

[letsgetitsorted]

here you go DX me copied them in colour this time 

signs.pdf

[parkingbill2018]

Photos look much clearer, but I recall seeing a lot more in your original document.

[brassnecked]

are the amounts on the smaller sign defaced or not visible ? if so they will likely be invalid.

[letsgetitsorted]

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are the amounts on the smaller sign defaced or not visible ? if so they will likely be invalid.

after looking closely looks like they have been defaced, these pictures of the signs where supplied by the Claimants Solicitors within the witness statement

Edited June 12, 2019 by letsgetitsorted

[brassnecked]

Possibly shot themselves in the foot if they are relying on those to show acceptance of their terms, as no indication of what sum they are asking for.

[parkingbill2018]

There are charges stated towards the bottom of the sign under the Parking Charge section. £70 reduced to £40 if paid within 14 days. 

[ericsbrother]

now what about the DVLA data access matter- that will sink them if they havent applied for the keeper details for each and every ticket and she will be able to claim from them for the breaches of the DPA?GDPR and hammer tham for not following the protocols of the POFA as well.

 

Now the details of all the whays and hows are still needed and has she asked the council about planning permission for their cameras and signage? I hjave looked on the planning portal and nothing come sup so they are in trouble. Cameeras an poles require PP, where ones on buildings that are proper CCTV usually have deemed consent. The PCN are clearly from a camera on a pole so there ILLEGALLY and that makes a big defference as you cannot legally agree to be involved in criminality so no contract to break!

Edited June 13, 2019 by ericsbrother

[letsgetitsorted]

25 minutes ago, ericsbrother said:

now what about the DVLA data access matter- that will sink them if they havent applied for the keeper details for each and every ticket and she will be able to claim from them for the breaches of the DPA? GDPR and hammer tham for not following the protocols of the POFA as well.

 

Now the details of all the whays and hows are still needed and has she asked the council about planning permission for their cameras and signage? I hjave looked on the planning portal and nothing come sup so they are in trouble. Cameeras an poles require PP, where ones on buildings that are proper CCTV usually have deemed consent. The PCN are clearly from a camera on a pole so there ILLEGALLY and that makes a big defference as you cannot legally agree to be involved in criminality so no contract to break!

 

after requesting the DVLA data they supplied information 48 times, but has nt said to what address, just on the registration.

Witness Statement had to be in on Tuesday so got as much info as I could on it, and managed to get a 24hr extension from the court to get it in yesterday.

I have also emailed the council and they are going to investigate the issue because they cant see any PP or any consent of anykind on the site relating to signs, Just waiting to hear back on that.

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There are charges stated towards the bottom of the sign under the Parking Charge section. £70 reduced to £40 if paid within 14 days. 

 

yes the charges are at the bottom of the signs next to the red squared logo.

 

their witness statement also included the £54 collection charge, of which was thrown out by the DJ

[ericsbrother]

so as far as PP goes, they dotn ave it and that is all you need to know. You then use this to state there was no contract to eneter or breach as that would be a criminal compact. you need to look the term up and use examples of other court cases even if they have nothing to do with parking as it is contract law  we are arguing about, not tarmac.

 

the discount period is a red herring as you didnt pay up and werent going to. if you wnat to argue that all of the paperwork went to the wromng address so you deserve to only pay the discount sum you may as well argue that the NTK wasnt properly served so according to the POFA there is no liability fro anyone to pay them as they got the procedures wrong (read and copy POFA)

[letsgetitsorted]

here is the submitted Witness Statement, 

urged more on the basis of charges and letters including the notice of claim all going to the old address yet the claim for went to the new address

 

cheers

Lets

edited wit stat.pdf

[ericsbrother]

good for a set aside but you have gone beyond that, you needed to ahve said why their contract isnt applicable or valid and that is down to authority to enter into contracts, clarity of offer and agreement to the terms.

Now as none of the paperwork went to the correct address in the required time you still ahve the POFA as your friend and that menas no keeper liability has been created and as you ahvent specifically admitted being the driver at the time they cant chase you as the keeper, which is te only contact details they hold.

 

you need to read up on this and specifically impress the judge with the no keeper liability bit UNDER ANY CIRCUMSTANCES and use previous cases to support this lack of a cause for action against YOU.

the parking pranksters blog and the private parking appeals web site. Also see if they have planning permission for their signage, if they dotn then they cant offer a contract because of their illegality. again all this is in the pranksters blog for Dec 2016 and there is a link to research through the article on planning.

it is too late to submit stuff in writing but copy all of the material you want to reference and take it with you anyway so you can at least quote the law and other cases.

[letsgetitsorted]

cheers Eric, 

will get all that ready for hearing, just had to get the Statement in for her as she was getting panicky.

 

I have emailed the council re PP and will see what they come back with, the lady i spoke to was very interested in them not having any.

 

cheers Lets 

[ericsbrother]

You are now playing a fish you have already landed.

Pay attention to getting the other bits sorted out regarding understanding and being able to quote the relevant legislation and explaining why the parking co is stuffed is far more useful  than going after a second response to somehting you already know.

focus.

[letsgetitsorted]

Hi All 

finally heard from planing and here is their response

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Planning permission would not be required for the installation of an ANPR camera as the siting of a camera does not constitute development controlled by the Town and Country Planning Act (1990 as amended).

 

phoned court yesterday and all is still going through 

 

cheers

Lets

[dx100uk]

wrong 

must be an office junior replying

 

[ericsbrother]

Permitted development is attached to a building and lower than the roof line.

these are stand alone cameras on poles so no way can they be permitted development.

the person responding has given a generic answer to a question you didnt ask. I can tell you it rained last tuesday but that wont help you to know if it is going to rain tomorrow.

 

So you now read up on planning permission gor cameras on poles and also on signs and deemed consent and why these dont have it. Yu cna then talk abotu the illegality fo the parking co and how you cant enter into a criminal compact with them so no contract to break.

Edited June 24, 2019 by ericsbrother