Highview/DCB(L) ANPR PCN - Letter of Claim - Now Claimform - overstay - Riverside Retail Park in Norwich, Norfolk.

[anotheruser0000]

Yep, and I agree with them but like I said, my thinking was how can they refute it? .... that's why I asked for opinions

As FTMDave said earlier:  Consideration & grace periods cover 15 minutes so you're in a good position.

Unless the C&G periods are not actually laid down in law and it's all just down to their discretion.

 

 

 

[anotheruser0000]

I got two opinions on that particular point, and then I explained my reasoning, I didn't dispute them.

No, not DCBL, the only time I took on solicitors was about 25 years ago, half an hour consultation with a solicitor then the rest was up to me, couldn't afford legal fees at the time.

18k out of court settlement result but no, not been through the court process or dealt with PPC's, that's why I'm here

Don't think there was any forum like this then either, it was a hard slog reading through court cases and points of law.

 

Edited April 20 by anotheruser0000

[anotheruser0000]

Hmmm,

OK, Thanks Nicky Boy .... That's a potential problem then

[anotheruser0000]

As I had been reading about planning permission in other threads I thought I would query PP at Riverside.

After searching online regarding planning permission for the retail park and finding nothing, I spoke to the planning department on the phone and they said they couldn't find anything but that's because of the length of time the retail park has been there which is well over ten years.

Therefore, even if the PPC had not applied for PP at the time, the cameras, (didn't ask about signs) have been there for longer than ten years so would have deemed consent and the council would not take any action against them if a complaint was made.

[anotheruser0000]

Yep, I read that and thought about trying to find out what the consideration and grace period is at Riverside but not sure I can.

I know they say "You must tell us the specific consideration/grace period at a site if our compliance team or our agents ask what it is"  but I doubt they would disclose it to the public, maybe I should have asked in my CPR 31.14 letter?

Yes, I think I can get rid of 5 minutes. I am also going to include a point about BPA CoP:

13.2 The reference to a consideration period in 13.1 shall not apply where a parking event takes place.

I think that is Deception .... They giveth with one hand and taketh away with the other!

One other point to note, the more I read, the more I study, the more proficient I feel I am becoming in this area.

Make no mistake DBCL if you are reading this, when I win in court, if I have the grounds to make any claims against you, such as breach of GDPR,

I shall be doing so.

[anotheruser0000]

Yeah, sorry, that's what I meant ....

I said DCBL because I was reading a few threads about them discontinuing claims and getting spanked in court!

Meant  YOU  Highview !!! 

The more I read this forum and the more I engage with it's incredible users, the more I learn and the more my knowledge expands.

If my case gets to court, the Judge will dismiss it after I utter my first sentence, and you DCBL and Highview don't even know why ....

OMG! .... So excited to get to court!

With regard to the ANPR cameras in your post #65, while I was on the phone to the Planning Department, they did take a look at Google Streetview and went back to 2012 where they could see the ANPR cameras in place so therefore they would have deemed consent. I had previously read the T&C Planning Regulations and had read the section on deemed consent so I understood the point they made on the phone.

It doesn't matter though, that doesn't harm my case any, and I shouldn't really mention this now, (this is what you reminded me of on another thread) but in the past I was a member of a scheme that gave me access to legal advice, I have spoken to a barrister previously through this scheme on another matter and I think I am still a member.

I am going to check if I am still a member of the scheme, and if I am I will discuss my case with a barrister or solicitor, whichever the scheme deems appropriate.

I will let you know the outcome.

I am also going to take Bankfodders advice in the sticky and go to the local court and ask if I can sit in on a case in the Judges office.

[anotheruser0000]

Yes, I will, I have a million bookmarks and I will post it here as soon as I find it.

EDIT: Here we go, took less time than I thought it would:

Edited April 24 by anotheruser0000

[anotheruser0000]

Yep, I agree honeybee, I think it is an excellent idea and I am going to see if I can do this and if I do I will update my thread here to tell of my experience and hopefully it will be useful to others.

I want to do whatever I can to help anyone else in my situation.

[anotheruser0000]

From BF's  Sticky:

Speak to the court usher in one of the court rooms and say that you want to sit in quietly on two or three court proceedings.

Make it clear to the Usher that you are interested in sitting in on a case or two in the judge's office - not in open court.

This will surprise them further still as most people really want to see a robed and wigged judge sitting below the Royal Coat of Arms.

However, you want to see what it is like in the Small Claims procedure and this is almost always conducted in an office.