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

[letsgetitsorted]

Hi All

through the years I have been able to follow great advise from here and have managed to put to bed a number of private parking tickets for quite a few people as a hobby, the last where two tickets for a lady who parked in her own complex.

 

Ttoday I have been faced with a new challenge.

 

a friend came to me and said i dont know what to do,

 

I have this lot..

there were a number of letters asking for payment for a parking charge,

a couple of letters that gave notice of claim and 4 claim forms.

 

having registered all of the claims online we find that 2 have got default judgements and the other 2 are judgment pending.

all of which are from BW legal and are all for parking at a specific Total Parking Solutions site.

i am assured that all the paperwork is there and what i have been given is all that she has received, there are no notices to keeper and other debt letters.

 

one letter relating to one of the CCJs just gives notice that a claim has been issued, there is no other paperwork.

one letter gives notice of claim issued and gives a ticket reference but that does not relate to the claim that had been issued , dates and times match.

 

i managed to get her to look at her credit file, where there is another CCJ issued in Oct 18 my guess it is for the same thing,

but that was issued at her old address,

even though she been in her current address for over year.

 

any thought to help me pick through this mess would be fab..

thank you all

Edited January 17, 2019 by dx100uk
spacing

[letsgetitsorted]

claim 1,

ticket march 2018 after moved

filed at old address

default judgment obtained oct 2018

 

 

Claim 2

filed 3/12 18 AOS was done 10/12/18

no defence filed to date

 

claim 3

filed 29/11/18

AOS was done 10/1218

no defence filed

judgment obtained by default

 

claim 4

filed 04/12/18

AOS again 10/12/18

no defence filed to date

 

claim 5

filed 29/11/18

AOS done 10/12/18

no defence filed

judgement by default

 

the person in question has all sorts of health issues and she has a child with additional needs to, the stress of these all lead to not filing any defenes,

 

is it worth getting these set aside on the basis of health and also not receiving correct paperwork as well as not receiving any notices to owner or tickets .

...if she had one ticket she would have changed her place of parking ...

 

your thoughts please, many thanks

 

Lets

Edited January 20, 2019 by dx100uk
Format

[letsgetitsorted]

As said is what we need to know now is the date of the issuing of the more recent tickets and when she informed the DVLA she had moved. If thyre have not obtained keeper details for each event then they have failed to create a liability as the POFA is specific on this.

notified a week after moved in feb 18

 

Not receiving the paperwork is another story, and she would have a great chance of getting set asides, although initially at least it would cost her £255 a shot.

thats what i thought.

 

Gte a defence submitted for the 2 late cases if nothing else

will get that done as soon as i can locate the 3 liner defense...

 

that you all for you input, a real big help.

cheers

Lets

 

2 defenses now submitted going to go through the paperwork with her now to try for the set asides....

Edited January 23, 2019 by dx100uk
merge

[letsgetitsorted]

As much of your problem is a matter of timing, can you please check your new V5c for the date of CHANGE rather than when you sent the old one off. Also it would be prudent to write to DVLA and ask for the dates and by whom an enquiry/ies were made for your keeper details.

i will try and find out date of move i cant answer that as these are not for me they are for someone i am trying to help, i will get her to send letter to dvla tomorrow asking for details of data enquiry.

It is a requirement that for every PNC that an enquiry is made. The PPC are not entitled to use a previous enquiry to issue subsequent NTK's. EB has noted the reason that the POFA 2012 has this specific requirement in another current thread,

i did make a note on this but not actioned yet, spent more time researching best way to put reason/s for set aside, to give more chance to get them.

good work, you are a credit to her.

many thanks DX, on another note i managed to get 2 pcns dismissed at second appeal for another lady, had confirmation yesterday, ppc didn't stand a chance....all because of the info i found on cag.

[letsgetitsorted]

Hi All, 

helping a lady deal with 6 plus tickets from TPS

all tickets sent to previous address,

yet bw legal writing to new address.

 

we need to find out when TPS accessed her address details, 

 

would anyone know how to,

 

i haven't managed to find any info o how to.

 

many thanks 

Lets

[letsgetitsorted]

Many thanks for the link Andy.

 

she moved august 2017, updated her info straight away,

 

however looking through her credit file a ccj was obtained by the same company in 2016 at her old address,

 

me thinks tps used her old details to issue the notices, the tickets are from march 2018.

 

i looked at her license just to confirm when she updated .

 

hence need to get the access information.

 

cheers Lets

[letsgetitsorted]

letter sent off for her will see what comes back 

ta for the info 

cheer s

lets

[letsgetitsorted]

Just an update on this, our local court finally got through to looking through paperwork before setting a court date, and the judge decided ...the claimant abused the court process and have struck out 2 claims, 

2 down 4 to go 

[letsgetitsorted]

Hi All

I am just preparing a witness statement for a friend as she only told me yesterday that she has to get paperwork in to court tomorrow.

can anyone confirm the valdity of this Anpr ticket...we already have them on sending pcn to wrong address just wont a bit more ammo.

 

many thanks 

Lets

pcn.pdf

[letsgetitsorted]

Quote

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.

Quote

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, 

 

Quote

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)

Quote

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 

 

[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

 

[letsgetitsorted]

here you go DX me copied them in colour this time 

signs.pdf

[letsgetitsorted]

Quote

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

[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.

Quote

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

[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

[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 

[letsgetitsorted]

Hi All 

finally heard from planing and here is their response

Quote

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

[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

[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

[letsgetitsorted]

Just sat here at mo picking craters in their witness statement 

 

cheers brass

 

Lets

 

[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  

[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