CP Plus ANPR PCN Claimform - Overstay - Lee Valley Ice Centre

[lookinforinfo]

You were right not to appeal.

There is very little chance of having your PCN cancelled even when your appeal points out the unenforceability of their speculative invoice. What also happens on appeal is that you may reveal that you were the driver which allows them to lawfully pursue you as the driver and thus you losing the cover of the Protection of Freedoms act 2012 as well as obviating the need for them to send you the Notice to Keeper.

 

This has to be sent within a certain period of time and contain certain phrases to allow them to pursue the keeper if they do not know whothe driver was. If the Notice to Keeper  fails the POFA 2012 acid test, and they often do, then they can only pursue the driver for the payment.

 

There are many other factors which prevent parking companies being able to lawfully win in Court against motorists and if you could fill out the form above  from Honeybee13 it will help to swat  CP minus away.

 

The accepted practice is not to appeal unless you have a totally open and shut case which do seem like that with you as yet. 

Let the huff and puff adding evermore unlawful charges to the invoice. {The  £40 can only be charged to the driver, not the keeper and Judges appear to be slapping down the parking companies for their additions  and throwing out those cases.

 

Did you pay anything at all-and if so how long did you pay for.

Alternatively, if you didn't pay how long is the free period. 

 

Assuming that they were ever granted permission to erect signs in the car park, by the Council, and it is by no means certain, Councils usually allow 3 hours parking time so there are a few things that give reason for them having no hope of getting paid by you and it may be that they breached GDPR by even asking the DVLA for your details.

 

 

 

[lookinforinfo]

It seems that your daughter was not alone in missing the parking signs.

 

As she didn't pay and therefore did not accept their terms and conditions she was a tresspasser. Only the landowner can sue her and that won't happen.

 

You will still need pictures of the signage and the blurb on the ticket machine as that used to contradict the signage. When dealing with these crooks you need all the ammunition you can find as lies and cheating are their stock in trade.

 

Just get all your ducks in a row, completely ignoring all their threats and those of their unregulated debt collectors and their worse than useless solicitors. They would be stupid to try and force you to pay and until they do, just ignore all their antics.

[lookinforinfo]

The entrance sign has to say more than just informing that it is a private car park. To be able to form a  contract with the motorist it must itemise the rules and charges . Without those details the signis just an inviation to treat and so the motorist  doesn't have to accept the rules that are posted in the car park itself.

[lookinforinfo]

The NTK is not compliant as Ericsbrother said two years ago. As it is still not compliant the CP can only pursue the driver as they are not allowed to transfer the debt to the keeper which they would have been able to do had the PCN been compliant.  {there may well be Bye Laws ].

That makes things difficult for CP as they cannot assume the keeper is the driver  and so many people are able to drive another person's car.

[lookinforinfo]

Keep the non compliant PCN for your Witness Statement. Your defence should not be too specific and best to be rude.