UKPC 06/04/2018 windscreen PNC claimform- residential parking in my own space - forget permit ***Claim Discontinued***

[lookinforinfo]

Ok I will start the ball rolling and others will add more later as their are many variables involved.

 

The parking companies know their paperwork is flawed and they also know that if they took many more motorists to Court they would block up the Court system and

cause a huge outcry so they only take something under 10% of the tickets issued to Court. So if you only have one ticket against you it is often better to keep your head beneath the parapet so your name does not come to the attention of the parking company. Hence the reason we say ignore them most of the time

. You understand that when people write to challenge the charge they run the risk of giving away that they were the driver and/ or exhibiting ignorance of the Laws they are citing as well as not being sufficiently robust in their challenges. This leads the PC to think that by rejecting the challenge [which they do 99% of the time] and racking up the pressure that person will pay up.

 

Anther reason that we say "ignore" is because there is still insufficient evidence to ensure the driver will win in Court even though an error has already been identified with their paperwork or signage for example. This is because sadly not all Judges are au fait with the legal complexities of POFA and parking contracts and can be swayed by a lawyer or their own self belief [or ignorance] rather than the evidence before them.

 

If you write to the PC and point out why there is no contract between you too early, they not being too honest will slightly amend their position so it now appears that

they are still correct in demanding money from you.

 

On this Forum we always advise never to challenge until the NTK has arrived. And if we then advise to challenge it is often because the keeper has posted up the signage; confirmed there is no planning permission and generally done all the homework asked for by those on the Forum. It may also be that there is history with that particular car park-the Peel Centre Stockport for example-so a strong warning shot was sent so that the PC knew not to go any further with this case.

 

Although the odds are small we have to assume that each thread could end up in Court so we need to find as much ammunition as possible so that even if the defendant doesn't do a good job in getting their points across there will be enough they got right to win anyway. Just having one point against them may not be enough in all cases to win so the more things we can find wrong the better.

 

Moving on to POPLA you do realise that it is not an even playing field. Not all points that would win in Court are taken into account at POPLA and we are finding that there is a seeming lack of impartiality in some of their decisions. And of course you know that appealing to the IPC version [the IAS] is a complete waste of time.

In your case with seven tickets care has to be taken. Yes you do have supremacy of contract but they will use a good lawyer if ti goes to Court not their usual run of the mill ones so more work may be needed in your case.

 

That is by no means a comprehensive answer to your question but gives you an idea of the complexities involved. Each thread may contain different problems and the different PCS often require different reactions there is no one solution that fits all problems. But I am pleased that you are reading other threads and hope that I might have cleared up some of your problems rather than making the situation even more unclear than before.

 

I am posting a judgement below which involved a supremacy of contract in a different situation to yours where the original case was heard just using the paper arguments of each without either side being present. The tenant had the courage to appeal the decision and won at the County Court. That Judge gave a very good definition of what parking which PCS should take notice of when issuing tickets for short stays..

[lookinforinfo]

if you need to include a Witness Statement later on remember that tin the new CoP the ruling there is that if you can produce a valid permit later, then the case should be dropped. The new Act does not come into force yet and I have no faith in the current bunch of bandits that they will acknowledge the new legislation. 

Judges however are a different kettle of fish and if you quote the new Act they may well take it into consideration when throwing out your case.

I have not found it again on the CoP but it is there  somewhere and worth a look yourself as everyone here with a possible Court case should be learning.

 

Private Parking Code of Practice - GOV.UK

WWW.GOV.UK

However there is one snippet below that could help you . Relationship with Landowner Section 14 [4]

4. Particular care is needed to establish appropriate contractual terms, including the application of parking restrictions, in respect of controlled land where leaseholders may have rights that cannot be qualified or overruled e.g. by imposing a requirement on the resident of an apartment block to display a permit to park in contravention of their rights under their lease, or to ensure that free parking periods do not breach planning consents.

[lookinforinfo]

Keep many of those points for your Witness Statement. You need this to be pretty generic and not too specific. Look up on the Search button for snotty letters. From them you can be as rude as you want [well almost] to show that you are not scared of their puerile attempts and you will see them off in court.