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

[letsgetitsorted]

many thanks Eric, 

i have spent the evening reading through various pieces of planing info printed off the Planing applications for the retail park, will be double checking signs for advertising consent and will be getting the height of the camera and will be going into the planning office myself.

 

see whats happens

cheers#

Lets

[ericsbrother]

as it is on a separate pole and not on the building the height is immaterial. the deemed consent requires the height to be no more than...... and they dont have that because it isnt attached to the building

Do not confuse the 2 things

[letsgetitsorted]

cheers for that Eric have made a point of that, getting everything ready for court tomorrow see what happens.

any last minute pointers would be appreciated 

 

many thanks 

Lets

[parkingbill2018]

Good luck for tomorrow. Come back with some good news.

[brassnecked]

Good luck, you have the evidence to deep six their claim.

[letsgetitsorted]

Just sat here at mo picking craters in their witness statement 

 

cheers brass

 

Lets

 

[dx100uk]

no little chats before you go in

smile walk away!!

[letsgetitsorted]

absolutely DX will let everyone know whats what tomorrow.

 

do hope me done a good job with everyones help and it gets judgedment against them for her  

[dx100uk]

you cant get a judgement against then..only a dismissal by the judge

though I hope you are going to hit them where it hurts by requesting your costs....

[letsgetitsorted]

I invite the court to dismiss this claim based on the information i have provided and award costs as the court decides 

 

thats the last line in witness statement

 

cheers 

Lets

[dx100uk]

[Mrs O'Frog]

Work your costs out beforehand. Have them itemised and printed off ready to hand over to the judge when you win. Stay cool, calm, clear and concise. Good luck!

[FTMDave]

Go for it Lets!  Smash the fleecers!

[ericsbrother]

rats!

you should have said that you ask for costs under CPR 27.14.2(g) for their unreasonable behaviour.

so now you calculate your costs and include 5 hours LiP preparation time @£19.50ph, stationery + postage, travel to court and loss of earnings if possible.

 

Put all of this down in a letter and state that you are claiming this becasue the claimant knew they had no cause for action and so is wholly unreasonable behaviour and thus a costs order under CPR 27.14.2(g) is sought

you can ask for this after the event if you hurry

[letsgetitsorted]

Well she wont be getting costs in fact, before the judge asked anyone any questions he said, this is a valid parking charge and someone needs to pay it 

 

so have a guess what happened.

he couldnt understand why there was a gap in the paperwork going to old address then claim form turning up at new address, said sounds like she contacted them and gave address, (not the case|) and still allowed the claim.

 

when I said, ok you say the ticket was sent correctly to the wrong address then surely mrs G then would have the right of appeal, his response was, the appeal wouldnt be allowed as it is a valid charge 

 

he did allow us to nip out to car so she could get license to show date notified dvla of change of address, and as we popped out i heard the claimants rep say mr collins can i have a minute.

 

there we go 

cheers Lets

 

he couldnt understand why it wasnt paid at £40 and as we repeated she didnt get the notices, but still he decided against her

[ericsbrother]

you argued the wrong point then, it is about the ability for the parking co to offer a contract in the first place

discussing the paperwork at all was a blind alley and once down it you were stuffed

[letsgetitsorted]

we never got the chance to argue the legality of the car park, judge even took the piece of paper from the land owner ( who does not actually own the land or manage it)

 

she received a notice in the post 2 days ago, so me going to appeal that that on the basis of the car park being legal then use that to get judgement set aside.

if thats possible

[ericsbrother]

it is possible but appeals can be expensive as loser pays all costs.

you cant appeal, you are just a lay rep and TBH her appealing with a lack of knowledge would result in another loss. Something different needs to be tried or just swallow it this time

 

[letsgetitsorted]

Sorry Eric didn't clarify the appeal bit, 

she has actually received a parking charge at her new address just at beginning of the week,(she was on the system for free parking) my plan is to appeal that on all the legalities. then with the others she has or is likely to have use that result to use for the courts should they go that far

 

[ericsbrother]

then post up what she has got and we will start all over again.

Piccies of signage etc as well, do not rely on anyuthing that was used before

[letsgetitsorted]

Hi Eric

Here is the ticket, this one she got on Saturday, the other was a few days before.

 

here is the recent pic of the sign attached to the anpr camera 

 

cheers 

Lets

 

 

pcn-28619.pdf

 

sign1s.pdf

[ericsbrother]

so, was the car there for 5 hours and if so why? if there was a good resaon she could get the store/cinema or whatever to demand the cancellation of the ticket

[letsgetitsorted]

Hi Eric

she went into one of the shops where she knows someone there and they registered her car on the system, all was well and she was then able to park there without any problems, 

with the arrival of the PCN it would seem that her registration was taken off the system and she wasnt told.

she lives close by to the car park, hence the 5+ hours.

 

hope that explains it.

 

many thanks 

Lets

[ericsbrother]

then that should be easy to get sorted by the person who registered the vehicle on a whitelist. only problem will be if that person will get into trube with their employer for doing so. Dont care what parking co says about the matter, get the pressure put on to get it cancelled by the shop