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parkingcompanies...
post Mon, 2 Oct 2017 - 20:22
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Evening all. I've received a PCN from the above company. A driver was photographed (he thinks by a little man in a dark silver BMW 3 series touring) in a "No stopping area" on a Shell garage forecourt. The length of the stop according to the photographs is 7 minutes! The amount payable is for £60 rising to £100 after 14 days

Initial thoughts are;

1) Ignore

2) Send them a letter telling them I wont be naming the driver but they can pay me a £100 administration fee to find out who the driver was along with a fee schedule for dealing with the matter.


Thoughts?

TIA

ETA The stop was actually 7 minutes according to the photo time stamps.

This post has been edited by parkingcompaniesFOAD: Mon, 2 Oct 2017 - 21:04
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post Mon, 2 Oct 2017 - 20:22
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parkingcompanies...
post Tue, 10 Jul 2018 - 11:37
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I did have a read around and a few were saying they didn’t pay the court fee in time.
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nosferatu1001
post Tue, 10 Jul 2018 - 17:14
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Gladstones do, usually
It's cel that tended not to
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Redivi
post Tue, 10 Jul 2018 - 17:20
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I have the impression that Gladstones doesn't discontinue many cases

Why should they if they're going to be paid but their clients must be getting cheesed off ?
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parkingcompanies...
post Thu, 12 Jul 2018 - 23:14
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And then there are all the letters they sent, notice to keeper e.t.c and picture of the Sign, pictures of offence e.t.c

This post has been edited by parkingcompaniesFOAD: Thu, 12 Jul 2018 - 23:22
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emanresu
post Fri, 13 Jul 2018 - 05:26
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Lets see the Letter of Authority / Contract they say they have.

The signs will be their view of what might have been there in the locations they guess they have put them. Attack all of that.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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ostell
post Fri, 13 Jul 2018 - 07:42
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Elliot v Loake was determined on the presence of forensic evidence and other linking the car and the driver. There was no assumption.

This is not a witness statement, it is offering legal arguments
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nosferatu1001
post Fri, 13 Jul 2018 - 09:37
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In other words, their usual crap

For example, despite offering no evidence of the drifver, they are claiming lack of action on your part gievs rise to a finding of fact that you were the driver. Complete nonsense.
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parkingcompanies...
post Fri, 13 Jul 2018 - 09:46
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I’ll post some more up tonight along with my witness statement. I’ve tried to go for a more common sense approach rather than legal ramblings because I was under the impression that’s what county court was?! I only hope I haven’t shot my self in the foot!
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nosferatu1001
post Fri, 13 Jul 2018 - 09:54
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Rememebr youre writing FACTS
Dont fall into THEIR trap and try to introduce arguments they never raised in their claim
You can also rebut ther assertion over elliot vs loake
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parkingcompanies...
post Mon, 16 Jul 2018 - 22:21
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Their "Contract"




My Witness statement






One week to go till court. I need to:

1) make skeleton arguments
2) Inform the court of my intention to seek costs?

Anything else?
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emanresu
post Tue, 17 Jul 2018 - 03:00
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Interesting contract. The "enforcement" is "No Stopping"


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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ostell
post Tue, 17 Jul 2018 - 06:45
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Make a skeleton argument, for your own use and reference even if you don't send it to the court and claimant.

Prepare your costs etc as a document so you are able to present to the judge, and the claimant, when you ask for costs when you win.
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parkingcompanies...
post Tue, 17 Jul 2018 - 07:09
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QUOTE (emanresu @ Tue, 17 Jul 2018 - 04:00) *
Interesting contract. The "enforcement" is "No Stopping"


Exactly, “no stopping” on a petrol station forecourt. Could make filling up interesting....
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emanresu
post Tue, 17 Jul 2018 - 07:27
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QUOTE
Exactly, “no stopping” on a petrol station forecourt. Could make filling up interesting....


That's the core. In order to understand what "No stopping" means in an area where cars stop would require clear signs and clear demarcation. Neither is present.

Slam dunk. Full costs.


--------------------
Where there is a claim - there is a counterclaim.
Are Parking companies misusing your personal data or interfering with your lease? Counterclaims are only £25. Makes them sit up and take notice. For leaseholds, join in the Managing agents too. Since the purpose of these claims is to frighten you, give them something to be frightened of.
Subject Access Requests to the DVLA?Find out who accessed your data and when. Try SubjectAccess.Requests@dvla.gsi.gov.uk. [Apologies if it does not work]
Double Dip / ANPR FaultsThe BPA Report on ANPR Double Dips is here. Ideal case for a counterclaim (see above).
Daily Court List. See who is doing what and where here
Printing and posting Witness Statements. Easy and cheap way DoxDirect
What is court like. A District Judge's view
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nosferatu1001
post Tue, 17 Jul 2018 - 07:42
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Send to the court and claimant THREE DAYS before th hearing your
- skeleton, a simple bullet point of why their claim fails, why your defence is great, etc
- list of costs. ORdinary costs are loss of leave / pay at £95 max for a half day, mileage and parking. Then state that, as the Claimants action is clearly unreasonable - claiming they can enfore "no stopping" on a petrol forecourt is clearly ludicrous, thats the very purpose of the forecourt! - you are claiming costs under CPR27.14(2)(g), then list them. TIme to research, time to write defence. Time to gather photos, etc and write WS. All at £19 per hour.

I couldnt read those - theyre very low resolution. Tinypics at full res, otherwise I cant help.
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parkingcompanies...
post Tue, 17 Jul 2018 - 21:55
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Good stuff, looks promising then... I'll attempt to re-upload though I'm struggling because I don't have a printer. Maybe I'll invest after next Tuesday.

Couple of questions, Obviously the Driver has not been disclosed - What is a credible answer if the Judge were to ask me directly who the driver was?

Court is on Tuesday 24th - What is the last day I can send the Skeleton and intention to claim costs in? Friday? Or must it be 3 full days before the court date?

Cheers all.
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nosferatu1001
post Yesterday, 08:58
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No idea why you need a printer? Digital to digital. Just redact info using something like paint to black over areas, and then save as a new picture.

If you say you were not the driver, then that shoudl be sufficient. State its not your job to prove the claimants case, or to release personal data to them without the permission of the driver.

As thsi is optional get it in at least by friday


Show us your costs schedule and rationale. It needs to be good.
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parkingcompanies...
post Yesterday, 14:36
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Sorry I mean scanner, I used my parents but must’ve done them low resolution.

Regarding expenses at this time of year I’m earning anything upto £200 a day although my tax return would suggest less because this varies with the seasons. I’m having to not book anything in for the whole day because it’s due in court at 11am and I don’t know how long it’s going to take.

How can I show what I’ve genuinely lost? Can take my booking diary?
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nosferatu1001
post Yesterday, 14:53
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You can use a phone - most phone cameras are high enough res

FOr ORDINARY costs you need to prove half a days loss of earning, capped at £95. So if you show a typical average day at this time of year is X, then X/2 is what youre owed capped at £95. Take as much info as you can

For UNREASONABLE BEHAVIOUr costs youre valuing your time at £19 per hour. Time to research defence, write it, resarch WS gather evidence write WS etc. Break it down that way

Call them costs. Not expenses.
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