PCN Court Case 3rd May Options

[PublicanPaul]

I parked in a private car park at 6.30am on a Sunday morning. The car park is opposite my flat and I wanted to park briefly to safely load by 8 month old son and luggage into the
car before leaving on holiday. The only alternative would have been to double park in the road. I stated this is my subsequent appeal.
The car park was supposedly for residents with a permit but there is also a pay and display machine. The car park was empty as always. The residents park in an underground car
park under their flats. This 2 bay car park was never used. There was a sign stating that the car park was permit only but it was not lit. It is no longer there. The pay and display
machine that is normally in use had been covered over at this point and was out of order. It remains in use today.
I had loaded some luggage into the car and had gone back to my flat to get my son. When returning I had been issued a ticket timed at 6.45am. The pictures on the PCN show the
ticket inspector witnessed the car for 2 minutes between 6.43-6.45am. At no point did I see the inspector and I suspect that they were/are a resident of the building and ran down
and gave me a ticket.
The charge levied was £100 and in the pre-court documents I have been sent the claimant suggests the 'additional charge' is not a penalty, quoting the Beavis judgement etc.
I believe it is a penalty and is 'unconscionable and extravagant'. No residents were prevented from parking, no loss of income was incurred. The normal fees for pay and display
are £1.20 for an hour, £6 for 8 hours and £8 for 24 hours.

My court date is Wednesday 3rd May. Any advice or court cases I can use to support my defence would be very welcome. Apologies for poor image but the photos I have been sent
were poor quality, due to the darkness.

This post has been edited by PublicanPaul: Wed, 26 Apr 2017 - 18:58

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[PublicanPaul]

Lamilad - Yes McShane is the case I gave to the Judge and it convinced him to deny RoA. I'll apply for the transcript and post it here when I get it, unless there is a specific place it should go ? Please advise.

[SchoolRunMum]

Hopefully the Parking Prankster will host it in his case law page, if he's back online Blogging soon. We are missing those Blogs!

[Lynnzer]

Great result.
Is there a breach of the DPA somewhere in this against the original PPC

[SchoolRunMum]

I think no DPA Claim because although I included the DVLA's email about MIL in the skeleton (to steer the Judge in case they did get DVLA data and because I decided MIL wouldn't know either way) the OP appealed the PCN which is how they got his data.

[lamilad]

Lamilad - Yes McShane is the case I gave to the Judge and it convinced him to deny RoA. I'll apply for the transcript and post it here when I get it, unless there is a specific place it should go ? Please advise.

That's great. This RoA stuff is a can of worms. With help from the forums, defendants are calling out claimants who use solicitor's agents and unregistered barristers. Your t/s will help us tighten the screw even more.

Upload it to dropbox/ one drive/ google drive and post the link here along with a comment that anyone who wishes to use it or host it elsewhere is welcome to do so (redact your address). Someone will make Pranky aware when he's back at the frontline and the BMPA will probably want to host it too.

Thanks for doing this.