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ParkingEye ANPR PCN Claim Form - Over stay - KFC Walkden Manchester

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He are the photos, all I can remember is I went to kfc with my partner for a meal. We was over an hour because I didn’t think we had to get off the car park so quickly. 

 

jpg2pdf.pdf


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I don't have time to go back over three pages of posts, but you could dig deeper into this one hour limit if you haven't already.

 

Is that what the signs say? But also what does the planning permission say?

 

HB


Illegitimi non carborundum

 

 

 

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We could do with seeing the signs, to see if any contract can even be formed, some will merely be an Invitation To Treat.


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Good grief.  So you "overstayed" for 11 minutes.  The grace period is 10 minutes.  What total shysters.


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They might regret trying that one on in court, Minimum 10 minutes grace, that's even if theit signage can allow a contract to be formed, and they have PP for signs and cameras.  ANPR different to CCTV.


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Are Ellesmere Shopping Centre, Walkden Town Centre & Walkden Retail Park all essentially the same thing? 

With just one KFC in the area? 

I have a serious reason for asking.

 

Also, TripAdvisor reviewers start to complain about the parking restrictions around August 2019, so the change must be quite recent.

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If you are still looking to see if PE have planning permission, you could try phoning the Council planning dept for the information, or ask where to find it on their website. Knowing POE they probably have not bothered.

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I’ll get a picture of the signs tomorrow and see where I get ringing the council about the planning. Also how long do I have to get the defence in? I know you said I will have leeway but I can’t have that much. 
 

Thanks 

Andrew 


We live in a world where seeing is not believing, where only a few know what really happened.

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OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.

 

Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!

 

Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.    

 

 


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you should have done the pictures weeks ago not leave it till 1 min before you need to file a defence.

you've been here +6yrs and have numerous court threads and numerous private parking ticket threads 

but somehow always seem to screw up one way or anther..

 

if you look on google earth street view you can see the cameras and the entrance/exit layout which matches the photos from that link I gave you and your upload which I've now redacted properly now .

 

POC

 

1.Claim for monies outstanding from the Defendant in relation to a parking charge (reference 00000000) issued on 10/10/2019.

 

2.The signage clearly displayed throughout KFC (Walkden Manchester) states that this is private land, managed by ParkingEye Ltd, and that it is subject to terms and conditions, including a max stay period, by which those who park agree to be bound (the contract). 

 

3.ParkingEye’s ANPR system captured vehicle 000000 entering and leaving the site on 07/10/2019, and overstaying the max stay period.

 

4.Pursuant to Sch 4 of the Protection of Freedom Act 2012, notice has been given to the Parking Charge payable upon breach.

 

5.As no response was received, an alternative service address was obtained and further correspondence issued (CPR 6.9(3)).

 

defence:

 

1. i am the registered keeper of the car Reg No. xxxxxx mentioned in the claimants claim.

 

2. the defendant denies that any monies are due to the claimant because there was no breach of contract to create a cause for action.

 

3. The claimants Accredited Trade Association, the BPA has a MINIMUM grace period of 10 minutes to allow the necessary consideration of the offer of conditions to park and other actions before any contractual condition can be applied.

 

4.The defendant denies exceeding any free parking time in addition to said grace period as neither the land owner who may have employed the claimant to manage parking with a current paid for contract covering the date of the overstay nor the claimant have any legal authority to vary any free parking period granted by the relevant council upon issuing the original planning consent for the entire walkden retail park. 

 

needs firming up people...

 

you can file by email if MCOL is playing up still

though from research today 99'9% of all PPC claimforms are being postponed for many months by all courts now,

 

 

 

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please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

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Thank you dx100uk

 

I know I dropped the ball on this one and there’s no excuses for it. I should of done my research well before now and not leave all this to the last minute. 
 

I’ll try and get on the website but if I can’t I’ll email this defense over today and keep this form updated. 
 

Once again thank you all for helping me

 

Andrew


We live in a world where seeing is not believing, where only a few know what really happened.

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Walkden Town Centre shopping centre have just sent me a FB message "Hi, in the main car park there is no time limit but by KFC/McDonalds it’s 1 hour. Many thanks".  Plus on the home page of their website they specifically warn about KFC new parking restrictions https://walkdentowncentre.co.uk/  Then I see TripAdvisor reviews start to mention PE in August 2019.  This all suggests recent unilateral imposing of parking restrictions without any planning permission by KFC and supports point (4) of dx's defence.

 

However, I don't know the area so for the third time can you answer what I asked in post 57 please? 

 

Note how dx's excellent defence deals with the specific issues linked to your case rather than being a cut & paste with irrelevant guff.

 

To increase chances of seeing off these fleecers then get the pictures of the signage, find out about planning permission and try to work out a timeline of the original NTK you received.                              


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The signage might well be vague enough bearing in mind what FTMDave has posted, to be a mere Invitation to Treat and can't form a Contract.  1 hour is insufficient to buy and eat a meal in as well allowing for service and consumption, any toilet needs etc.


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I didn't specifically mention signs nor what the time limit was as neither did the claimants poc.

I wonder if we should atleast mention signs ? but then again that's where the mentioned contract comes from anyway.

 

 

 

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The signs are useful later on for any WS most likely, not at this stage, KISS rules on the initial MCOL holding defence.


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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Posted (edited)

Hi 

 

I’ve submitted my defence today and took the pictures of the signs. I couldn’t get though to Salford but will try again tomorrow.


The signs have changed since this parking ticket happened. They use to give 90 minutes and the sign for the McDonald’s and Sevills is new too. 
 

Thanks 

Andrew

jpg2pdf_2.pdf

Edited by Ftgab19

We live in a world where seeing is not believing, where only a few know what really happened.

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salford? why them?

 

 


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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they are just a mail processing centre

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21 minutes ago, dx100uk said:

I mean Salford council for the planning permission


We live in a world where seeing is not believing, where only a few know what really happened.

NatWest Problem *****Refunded*****

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;) though you mean Salford court for a minute...silly me..


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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part of the POFA is that the land must be properly identified on the NTK so as there is more than 1 KFC in the world and they just put location as "KFC" they are sunk.

 

Now they presumably manage a small section of a retail park so identifcation of what is their demesne is vital for them and somehting you can bite them for if they are too vague or just plain get it wrong.

 

There are a small number of thread here where the parking co had thei claim kicked out because of confusion between sites next to each other and the application of the sigange to what area.

 

so you need pictures of the signs as they are now and also a plan of the eare with all entarnces and signs indicated upon it. If there are signs elswehere  that are associated woth teh other car aprk then you photograph them as well as it all helps to show that it is easy to be confused as to who was offering what. tress and other obstructiosn also help you so take pictures to show the worst possible conditions as that helps show that things are not clear to someone driving in on a wet and windy winters evening for example.

 

Note any sign illumination as this helps you as well . If signs illuminated that is a different planning matter to just a board and if they arent illuminated how are you supposed to read them at night?

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