G24/BW ANPR PCN Claimform - Everyman, Southgate street, Winchester, SO23 9EG ***Claim Discontinued***

[honeybee13]

What they're saying about the defence is par for the course. You're quite right not to do their I&E sheet, it's none of their business.

I'm sure the guys will be along with other thoughts for you later.

HB

[lookinforinfo]

Yes they are trying to put the wind up you to panic and pay up rather than go to court where they should lose if your witness statement is good enough.

I imagine that there are other signs in the car park that state the hours where drivers cannot park. They do have on one of the signs you showed that customers of the cinema should register with the cinema. 

The first sign you showed I presume is the entrance sign? if so there is insufficient information there to form a contract with the driver. The second sign does state that you have to validate your vrm with the cinema but no time limits mentioned. Are there other signs there that do mention the length of stay. 

if the cinema is all there is in the car park why did you stay there for over an hour.? The signage in car parks can be very important in these cases and what is said on them , or not said on them, can be enough for motorists to win on that alone. Is it possible therefore to get photos of other signs in the car park that are different from the two you already have?

[Hector0393]

I think those are the only signs in the car park, but I am going back to Winchester friday, so will look again.

I was there so long, as I had a job to do in the flats opposite and as it was early morning and the car park was empty, I parked there.

 

There was obviously no way that I could validate my parking as the cinema was not open...

[lookinforinfo]

The reason I asked about other signs is that you have not been charged with any of the terms on the signs but one of overstaying so there must be signs stating how long motorists can stay . If not you have a very easy case. 

Hector you did a very good job with the previous photos you took-for a start they can be clearly read. what you are looking for are other signs that are different from the one in your photo.

Part of the reason I ask is that the entrance  sign does not tell you what their terms and conditions are. The signs inside the car park establish what the T&Cs are and the more there are different signs, the better it is for you since the entrance sign only offers an offer to treat so you can select the signs that are more in your favour or don't include what terms you were breaching.

Of course you also have the option of agreeing that you were trespassing and G24 cannot pursue you for trespass, only the land owner can do that.

[Hector0393]

I went back this morning, and there are no other signs there, just repeats of the signs that I have already uploaded.

[lookinforinfo]

You cannot breach a term that is not on their signage.

Yes you parked without permission  but that is not what you are being charged with. Neither of their signs mention anything about the length of stay and customers of the cinema will require  longer than 75 minutes. And on the PCN they claim you exceeded the maximum stay permitted. Yet there is no mention of a maximum stay on their signs. Dummies.

~

 

[FTMDave]

Well spotted LFI!

[lookinforinfo]

Is there a breach of GDPR here since although he was trespassing he was  not in breach of what he was charged with?

[dx100uk]

you cant be accused (hate the word charged - makes it sound official) of trespass here surely?

its a car park, a PPC is there to oversee parking. never forget that very important point!!

the driver of the car, parked it and walked OFF SITE. that is NOT trespass.

a parking co. can't trespass a car AND they can't trespass it's driver for walking off their managed site ONTO another...which is why i always call it reverse trespass.

you are correct that ONLY the land owner can raise a trespass charge and that is NOT an allowed remit for a PARKING company NOR in their contract. they are NOT the LAND OWNER of EITHER SITE.

 

dx

 

[Hector0393]

This came saturday

 

2023-11-01 BW legal without pred - £100 settle begging letter.pdf

[dx100uk]

std begging letter they always send. if you go read a few BW PCN claimform threads

dx

 

[Hector0393]

I only put it ip to show what was happening....

Today I received this letter along with the discontunuance form for the court

 

RESULT

img20231124_12160329.pdf

[AndyOrch]

Nice...topic title updated.

Andy

[FTMDave]

Yes!

Well done on your victory! 

[dx100uk]

you won they ran away cause you didn't wet yourself like 85% of people that get these speculative claims do.

another reverse trespass claim bites the dust..

[Nicky Boy]

Stood your ground... well done!

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