MET/DCB(L) windscreen PCN PAPLOC Now Claimform - electric bay abuse - ASDA Arla Old Dairy South Ruislip

[dx100uk]

we know there are extensive delays at the bulk court as they are/have introduced new systems.

don't worry you have the evidence it was sent and received.

 

dx

 

[lookinforinfo]

I am having great  difficulty reading the contract and the windscreen PCN. Could you please repost the whole contract [and only the contract and windscreen PCN please] in a more legible form as there are often things on both that could help your case.

For instance on the contract I can just make out that they give the address as HA4 OFY which does not coincide with the PCN. And so far I have yet to see where the Land owner has given permission for Savills to act on their behalf. But so much of the print after that is so garbled that I juast cannot make it out.  We don't know if Savills have allowed them to take legal action and whether any Consideration/Grace  times have been inserted.

Interestingly their signage says they can charge 1.5% for debit and credit card payments. These were banned by Law the year before [January 2018] . While I accept that Rocky didn't pay anything and that Met wouldn't have charged either, nevertheless did that render the sign unlawful and therefore could be ignored?

[jk2054]

did u email ur dq?

 

ccbaq email is best

[lookinforinfo]

On second thoughts it may be better to say in your WS that the sign is unlawful as it stands and motorists should be asking for their money back may be enough to decide not to go to Court and risk losing the case and having to  repay all the motorists. They wouldn't want  to risk that.

[rocky_sharma]

To give update

MCOL claim history now shows that DQ has been submitted by me and claim was transferred to county court closer to me.  

please see attached 

Hope this is ok if not please let me know.

I believe I will soon be getting the date of hearing

I will attach my witness statement soon to be reviewed.

Original Windscreen PCN - Copy.pdf Reprinted Windscreen PCN - Copy.pdf Planning Permission - Copy.pdf

[lookinforinfo]

Thank you Rocky for the clarifications though they did cause a problem at first since an original windsccreen ticket was  of a different breach some time before.

The current windscreen ticket only states that you were parked there for 6 minutes which is just one minute over the minimum time allowed as the Consideration period. There is no further proof that you parked there for any longer than that is there? More photographs for example?

Moving on to the Notice to Keeper-it does not comply with the Protection of Freedoms Act 2012 Schedule 4.

First there is no parking period mentioned on it. there is the time 20.25 stated which coincides with the W/S ticket but a parking period must have a starting and finishing time-just one time is insufficient to qualify as a parking  period as required in Section 9 [2] [a] . Are there any different photos shown on the NTK comapared to the w/s PCN? Not that that would make a difference as far as PoFA goes since the times required by PoFA should be on the NTK but at the moment Met only appear to show that you stayed there for 6 minutes.

Another failure to comply with PoFA is at S9([2][e] where their wording should be "the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid; ". You can see on your NTK that they misssed off the words in brackets.

Met cannot therefore transfer the charge from the driver to the keeper. Only the driver is now liable.

Then their is the discrepancy with the post code on the NTK  HA4 0EY which differs from the post code on the contract and the Post Office Postcode Finder which both list it as HA4 0FY. As you were not parked in HA4 0EY the breach did not occur. In the same way as if you were caught speeding in the Mall in London, yet you were charged with speeding in Pall mall London [a street nearby] you would be found not guilty since though you were speeding you were not speeding in Pall Mall.

I bow to Eric's brother on his reasoning on post 12 re the electric bay abuse  That wording is not listed on their signs nor is there any mention on the contract of any electric charging points at all let alone who can park there or use them. He is quite right too that the entrance sign is merely an invitaion to treat it cannot form a contrct with motorists.

Also the contract looks extremely  short no doubt there will be more when we see the full Witness statement. As it stands there is no confirmation from Standard Life [or Lift !] on the contract that Savills are able to act on their behalf. Also most contracts are signed at the end of the contract to prevent either side adding extra points.

So their percentage  chance of winning their case would be somewhere between 0.01 and 0.02.

 

 

[Nicky Boy]

11 hours ago, lookinforinfo said:

I bow to Eric's brother on his reasoning on post 12 re the electric bay abuse  That wording is not listed on their signs nor is there any mention on the contract of any electric charging points at all let alone who can park there or use them.

Yes LFI,

the exact wording on the "contract" is:

Parking Charge Notices may be issued for all or any of the reasons below:
Parking without a valid permit of authority
Parking out of a marked bay
Parking in a disabled bay without a valid disability badge on display
Parking on yellow lines/hatched areas
Parking and leaving site
Overstaying a defined time limit

Absolutely no mention of EV charging bays.

[rocky_sharma]

Today I received attached letter from country court.  It says I need to submit documents to other party and court by 4pm on 7th June.

Do I need to submit other evidences as well to DCBLegal apart from my witness statement? (such as original windscreen PCN followed by other letters)

Do I need to wait for WS from MET first before I send mine?

I will post my WS here for review.

Thanks

 

 

Country Court Hearing Letter - Copy.pdf

[jk2054]

wheres the NOH

[AndyOrch]

21 minutes ago, rocky_sharma said:

Do I need to submit other evidences as well to DCBLegal apart from my witness statement? (such as original windscreen PCN followed by other letters) Your witness statement will refer to other docs I assume so you will have exhibits ( yes other evidence)

Do I need to wait for WS from MET first before I send mine? Would be wise

Andy