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    • You are the OP of this thread. As I said, I doubt the OP of the original question is following this as she has more important things to worry about.   I'll ask you this:   1. have you ever been in a Magistrates' Court when a Statutory Declaration to set aside a motoring conviction was made?   2. If so did you ever see the maker quizzed or questioned  to test their honesty in connection with the SD?   3. Have you ever seen such a Declaration rejected for want of truthfulness (rather than a procedural or administrative error or mistake)?   My answers to the above would be as follows:   1. Yes on, I would estimate, at least two hundred occasions (six or seven on one day last week alone). It may be more, I've never kept a proper count.   2. No, never.   3. No, never.   Now it could be of course that I have been particularly fortuitous and that all the makers of those SDs were paragons of virtue and/or that all the Magistrates concerned were exceedingly gullible and believed everything they were told without question. On the other hand it could be that during their training the Magistrates were instructed that when hearing an SD they were simply witnessing that it had been made before them and that they were not testing its truth. I imagine they were either shown or have probably seen since a copy of this form which is completed before making an SD:   https://www.justice.gov.uk/courts/procedure-rules/criminal/docs/2014/crim-pr-form-part37-statutory-declaration-revised-feb-2014.pdf   In the "Notes for Guidance" is this:   "Under the Statutory Declarations Act 1835, the defendant’s declaration can be made before anyone who is authorised by law to hear it (e.g. a solicitor), or before any Justice of the Peace (a magistrate or District Judge (Magistrates’ Courts). The person who hears the declaration need not enquire into the truth of it. That person’s function is limited to hearing the declaration, and certifying that he or she has done so by signing it. If the declaration turns out to be untrue, the defendant making it may be punished for perjury."    The bold type is my emphasis so I think I know which of my two scenarios above is more likely. I hope this wasn't too rude or arrogant for you and  I'll leave it at that now. But I will ask you (politely) once again to please stop providing misleading information to people who have enough to worry about. It confuses them, others have to correct it and it leads to unnecessary stress for the posters.
    • Thank you for your help, just to clarify please. In the CPR 31:14  request do I just ask for 1. the agreement .....etc and delete the the items 2. to 6. as listed since these have already been sent to me by the claimant (btw the 'solicitor' is IDEM's litigation dept) or do I ask for all the documents again as they are part of the 'Particulars of the Claim'    Thank you again
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    • Sorry its so complicated right now.... totally temporary but totally complicated.  I just dont want bailuffs knocking in the interim, thats my main concern. The standing order is going out still to Lowell,  what was happening was other things were going out the same date and that was leaving not enough money in the bank to pay lowells SO.....hence it looked like Id just stopped paying, hence CCJ. It went out last month and again this month though.
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Mick Mangle

NE parking 2 windscreen PCNs for same offence - outside bay - Hornby Road Blackpool

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We paid to park in Hornby Road carpark, the nearside front wheel was on the white line, not over. 

 

We parked on Sunday 20th October and did not return to the car until today, 23rd October.

 

We have two tickets issued by NE parking for the same offence, issued on the 21st and 22nd respectively.

 

How do we proceed?

Can they charge twice for the same offence?

 

Please help thank you.

 

My wife is blaming me.

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Thread moved to the appropriate forum ...please continue to post here to your thread.

 

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any line markings on private land are purely tarmac graffiti.

 

I would bet if you were to go around and take clear photos of ALL the signs there

not one says anything about parking within any lines.

 

please complete this for each PCN

 

 

and scan up each ticket to one multipage PDF please

read upload

 

 

 

 


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I wouldn't lose any sleep over either of their tickets.

 

The first thing is not to appeal.

They have to comply with the Protections of Freedom Act which if they don't, make it more difficult for them to make any progress against you.

 

The first thing is to complete the form on post 3 to see if they have got anything right so far.

Then we would like to see photos of their signs in the car park-taken closely enough so that we can read them.

 

The sign at the entrance is important as are any signs within the car park that are different from the entrance sign and any other sign that there may be there.

 

In addition a photo of the payment meter if there is one so we can see what trems and conditions are on there and if they coincide with the entrance sign. 

 

Within the next month or so you should receive two Notices to Keeper which we would like to see and confirm whether they have any chance of them being able to form a contract with you.

 

If they don't, and most parking companies fail miserably at this, then you owe them nothing.

 

It would help if you please scanned in on of the windscreen notices you already have.

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From what I have read about this organisation, they are a bit fast and loose with their ticketing policy, I do not know if they belong to an accredited body.  There was a blue "park mark" sign also that seemed to suggest they were a "quality" carpark whatever that means.

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their terms should say that any breach applies to a 24 hour period so if for example paid to eb there for 3 days then there can only be one parking event so at best only 1 breach.

We will need to see the siganeg and conditions on the parking meter to gve a better response but agree, sit on your hands until you get the NTK through the post and tell us when that arrives

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Finally managed to organise a pdf.

This is the sign at the carpark

 

Sorry its taken so long

park.pdf

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they refer to a 24 hour period but that doesnt mean it is the same as a calendar day so they have "double dipped" with their ticketing.

So now you wait to see if you get 2 NTK's in the allowed time and then ask the DVLA who has applied for your keeper detaisl and when ad for what reason.

 

the signs says parked fully within the confines of a marked bay. So is the line a separate bay for very thin cars or is it part of a bay? You werent over the line so not outside a bay and that gives a default of being within it.

 

I also asked for images of the paym,ent machine and associated blurb but you havent supplied this. the terms on the machine ARE the contract, not the signs unless the wording is identical and it wot be because there is no tariff on the signage.

 

Whe we request  or suggest something please read it very carefully as  precision is vital in fighting these unfair charges. You will now have to go back and take more pictures. Whilst you ar getting soe of the parking meter please take a picture of the entrance to the land from the public highway even if there is no signage there. We want to see what a motorist turning in would see. Google has a plethora of signs visible so confusion may be your friend here as well

Edited by ericsbrother

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I cannot send any more pictures as I live in Norfolk, and the carpark in question is in Blackpool, Hornby Road to be precise so if anyone else who is local can help out I would be much obliged.  Would the information you are looking for be on the ticket itself?

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we want to compare the blurb on the signs and meter with what their claim you did wrong. Now if there is wording on the payment machine that differs from the signs then it is the payment meter that determines the contract, not the signs so if there is no mention of how long 24 hours is as far as the meter goes then it is what you want it to be when accepting the offer and feeding the machine. They dont get to decide later

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