New Generation vanishing windscreen CCTV PCN Now Claimform - Not parked within the confines of a marked bay - Malpas Road Shopping Centre NP20 6WB

[Outoftoon]

Great news, I'm going to pop down the car park later, as long as I am able to find a suitable parking spot, and take photos of all the signs 

[lookinforinfo]

Well if they don't produce the contract on their WS the Judge will throw out their case as PoFA requires there is a contract between the landowner and the motorist usually via a parking rogue. So do not point out to them if they don't include one.

When you go to the car park can you please take photos of each different sign as there are often more than one type sometimes because of disabled spaces for example. But those signs also may have different terms [apart from the disabled part] from other signs. In addition could you please get a photo of the sign at the entrance and at the pay kiosk if there is one. needless to say please ensure that they are all legible.

Edited March 21 by lookinforinfo

[Nicky Boy]

The way this is going Outoftoon, specifically look for signs with conflicting information!

[Outoftoon]

I will take photos of every sign in the car park!!

[lookinforinfo]

Nicky there is a mention of them being the Creditor-just below where they say  YOU ARE NOW INVITED TO.....

It is often not easy to find the word since all the different rogues word their PCNs differently.

However the PCN is not compliant as the parking period is not mentioned. The ANPR times are not the parking period times little though they are.

And they have missed off the words in parentheses from Schedule 4 Section 9[2][e]  

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;

 

[Nicky Boy]

17 minutes ago, lookinforinfo said:

Nicky there is a mention of them being the Creditor-just below where they say  YOU ARE NOW INVITED TO.....

Yes LFI, I think you're referring to the PCN.

They're also required to state it on their entrance signage. (COP)

[Outoftoon]

Been back to the car park, and took photos of all the signs, I won't upload them all unless you think it's relevant, as they are all the same except for the first photo which is the sign at the entrance.

Car Park Signs.pdf

[lookinforinfo]

Well done Oot-that was quick.

So a couple of things from your photos..

1] they have not listed the T&Cs on the sign so it cannot form a contract between themselves and motorists. It's merely an offer to treat.

"2] As they haven't a sign that includes the £35 should they include it in their Witness Statement they will be in trouble.

[Outoftoon]

What I can't get my head around is why they are still pursuing this. They must think they have a chance of winning?

[Nicky Boy]

No.

They think they have a chance of intimidating you into paying up.

That's how these "companies" work!

[Outoftoon]

They won't intimidate me but just annoyed at them wasting my time 

[Outoftoon]

I'm assuming looking through previous posts that the next stage for me is to do my WS,

do I just sit tight until I hear back from the court?

[dx100uk]

you've not had dq n180 yet?

check mcol weekly for them being sent out. if!!

else it gets stayed.

read the letter from the court acking your defence filing...it says....

[Outoftoon]

Yes had the DQ N180 and sent it back to the court and the solicitors and got proof of posting.

[dx100uk]

then await N157 and allocation.

continue reading up yes.