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MINSTER PCN postal

135678

Comments

  • azz007
    azz007 Posts: 216
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    Umkomaas wrote: »
    What/whose are those 2 yellow signs on the wall? MB tend to have yellow signage.


    thats the signs, small as anything... about 30cmx30cm.. just dotted along in the background. they have recently gone up. never seen them before there.

    they have put signs up for the sake of it., they have no bussiness on this side. just issuing tickets for fun and causing drivers havoc.
    and still people are parking there anyways by looks of it
  • Umkomaas
    Umkomaas Posts: 41,252
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    You urgently need to find out who the landowner is and if they have not contracted with MB, then get on to the Police/Trading Standards.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • azz007
    azz007 Posts: 216
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    Umkomaas wrote: »
    You urgently need to find out who the landowner is and if they have not contracted with MB, then get on to the Police/Trading Standards.

    how do i got about doing this to find the exact landowner with the correct land details.. there are a few busniesses onm that site. mecca bingo, hairdresers... walking centre etc.

    Google has mecca bingo address at OL8 1DR.
    the NTK has mecca bingo OL8 1ES. where it stated the dirver had parked


    and what sort of wording do i mention to police and trading standards about this?
  • Umkomaas
    Umkomaas Posts: 41,252
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    The Land Registry will give you a definitive answer - costs £3.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • azz007
    azz007 Posts: 216
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    Umkomaas wrote: »
    The Land Registry will give you a definitive answer - costs £3.


    there are 2 coming up for OL8 1ES - stated data NO & YES??

    Bank Top Tavern, King Square, Oldham, OL8 1ES
    Tenure:
    Leasehold
    Price Paid/Value Stated Data: No
    Information available »

    OR

    Tenure:
    Freehold
    Price Paid/Value Stated Data: Yes
    Information available »


    and then how do i find out if they MINSTER have a contract with them?
  • Umkomaas
    Umkomaas Posts: 41,252
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    and then how do i find out if they MINSTER have a contract with them?
    Contact ‘Bank Top Tavern’? They might be in a much better position to point you in the right direction than me at this stage.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • azz007
    azz007 Posts: 216
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    Umkomaas wrote: »
    Contact ‘Bank Top Tavern’? They might be in a much better position to point you in the right direction than me at this stage.


    might just wait a little as i already have one at POPLA stage with MINSTER and have mentioned landowner authority. so see if they have any contract with the landowner. would they tell me me this when they get back to me on my POPLA appeal?
  • nosferatu1001
    nosferatu1001 Posts: 12,961
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    It depends on whether they contest the appeal or not.
  • azz007
    azz007 Posts: 216
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    edited 7 December 2017 at 12:09PM
    It depends on whether they contest the appeal or not.

    well that appeal is 8 days in at POPLA. so coudl wait as i have 28 days from the 6th to appeal this one. so could wait 2/3 weeks. till i do anythign with this one.

    in meantime have drafted a letter. i think i can try get this one to be canccled. if not il go down the usual popla route.

    Dear Sirs,
    Re: Parking Charge Number 12345

    I challenge this 'PCN' as keeper of the car.

    The driver was issued with a parking ticket for parking at Mecca Bingo Lower OL8 1ES on 29/11/17. I believe this ticket was issued unfairly.

    I believe that your signs fail the test of 'large lettering' and prominence, as established in ParkingEye Ltd v Beavis. Your unremarkable and obscure signs were not seen by the driver, are in very small print and the terms are not readable to drivers.

    The signage is very poor and not legible on entry of the car parking area and cannot be seen in the dark, being winter time these signs were not visible to the driver. There are no yellow lines, single or double lines to restrict parking.

    Further reasons - There was insufficient signage. There was no sign at the entrance of the car park coming in from John Street. There was insufficient signage and not legible. The driver was unable to tell what parking restrictions applied because there were no visible signs or unable to tell what parking restrictions applied because it was dark and the sign wasn’t illuminated in any way.

    On another separate visit to look at the site as Keeper, signs say maximum parking time 30 minutes. The ticket was issued at 09.58 with handled photos of the vehicle. However the driver had left within this time frame. You have no proof of observation time, and issued time, and no proof of when the driver had left. So to issue this ticket was punitive and unjustifiable.

    Also there is no proof of landowner authority. As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights - is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).

    There will be no admissions as to who was driving and no assumptions can be drawn so please cancel the charge.

    Should you obtained the registered keeper's data from the DVLA without reasonable cause, please take this as formal notice that I reserve the right to sue your company and the landowner/principal, for a sum not less than £250 for any Data Protection Act breach. Your aggressive business practice and unwarranted threat of court for the ordinary matter of a driver using my car without causing any obstruction nor offence, has caused significant distress to me.

    I do not give you consent to process data relating to me or this vehicle. I deny liability for any sum at all and you must consider this letter a Section 10 Notice under the DPA. You are required to respond within 21 days. I have kept proof of submission of this appeal and look forward to your reply.

    Yours faithfully,
  • Umkomaas
    Umkomaas Posts: 41,252
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    The ticket was issued at 09.58 with handled photos of the vehicle.
    ‘handled photos’?
    Also there is no proof of landowner authority. As this operator does not have proprietary interest in the land then I require that they produce an unredacted copy of the contract with the landowner. The contract and any 'site agreement' or 'User Manual' setting out details including exemptions - such as any 'genuine customer' or 'genuine resident' exemptions or any site occupier's 'right of veto' charge cancellation rights - is key evidence to define what this operator is authorised to do and any circumstances where the landowner/firms on site in fact have a right to cancellation of a charge. It cannot be assumed, just because an agent is contracted to merely put some signs up and issue Parking Charge Notices, that the agent is also authorised to make contracts with all or any category of visiting drivers and/or to enforce the charge in court in their own name (legal action regarding land use disputes generally being a matter for a landowner only).
    Have you drafted this yourself from scratch or copied and pasted from somewhere else? It’s not addressing the PPC directly. It looks more like an appeal to a third party (POPLA?) rather than to the PPC.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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