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  • FIRST POST
    • Martin101
    • By Martin101 7th Dec 17, 8:42 PM
    • 4Posts
    • 2Thanks
    Martin101
    County Court Claim Form - help
    • #1
    • 7th Dec 17, 8:42 PM
    County Court Claim Form - help 7th Dec 17 at 8:42 PM
    I have just received my Claim Form and have been on line (using the advice on the various threads ) to register

    Quick recap of my case

    The driver park in an office car park next to a cinema at 8.30pm - the driver had used the car park (as an over flow car park) a number of times, it was November 2016 so very dark and signs were present the driver could not see any the signage - when the keeper received the original Claim the keeperwent back to check if there were signs and there were - it is not know whether there were present originally.

    The driver parked in the 18.11 and the keeper received the notice on the 8.12 (dated 6th) so 20days after the incident - The keeper wrote and told them they were outside the 15 days period (schedule 4 of the POFA act 2012) . They rejected the ‘appeal’ based on
    - photographic evidence of no permit (the picture is so dark there is no way on the version the keeper received you could confirm this to be the case)
    - there are multiple signs stating valid permit etc (the keeper attended the site after dark and could only read the signs by using the light on his phone)
    It was interesting that their reply did not relate to the reason the keeper stated made the claim in valid.

    The keeper then sent a further letter restating the original reason and stating the keeper would not be using the IAS process due to it beeping a waste of time (using the wording others have shared on this forum.

    Lots of letter later and here we are:

    So the keeper need your advice, I feel the keepers main arguementst are the lateness of the original notification and unlit signage - do you agree and could you suggest any other defences. Also could you give me some pointer to what should be submitted

    Help please

    Martin (the keeper
    Last edited by Martin101; 08-12-2017 at 6:31 PM.
Page 1
    • Redx
    • By Redx 7th Dec 17, 8:45 PM
    • 16,865 Posts
    • 20,943 Thanks
    Redx
    • #2
    • 7th Dec 17, 8:45 PM
    • #2
    • 7th Dec 17, 8:45 PM
    have you told them who was driving on the day ?

    if not , edit the last post into THE DRIVER and THE KEEPER

    you cannot invoke POFA2012 if they are targeting the driver due to blabbing

    and then read post #2 of the NEWBIES FAQ sticky thread near the top of this forum, it tells you all about MCOL
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Martin101
    • By Martin101 7th Dec 17, 8:59 PM
    • 4 Posts
    • 2 Thanks
    Martin101
    • #3
    • 7th Dec 17, 8:59 PM
    • #3
    • 7th Dec 17, 8:59 PM
    I have never confirmed the driver, so officially I am the keeper.
    • Ryandavis1959
    • By Ryandavis1959 7th Dec 17, 9:07 PM
    • 170 Posts
    • 49 Thanks
    Ryandavis1959
    • #4
    • 7th Dec 17, 9:07 PM
    • #4
    • 7th Dec 17, 9:07 PM
    Now that you have confirmed on here that you were driving, If it goes to a court hearing and the Judge asks you if you were driving, how do you propose to respond?

    I suggest you focus on the bad signage rather than anything that could lead to discrediting yourself in court. If the signs couldn’t be seen then gather your evidence and use this as your defence.

    I don’t understand why this forum does not advocate the use of IAS. What will a judge infer when you have refused to use ADR, which is against the spirit of the new PAP? Makes absolutely no sense to me and could lead to judges slapping unreasonable costs orders against people.
    • Redx
    • By Redx 7th Dec 17, 9:07 PM
    • 16,865 Posts
    • 20,943 Thanks
    Redx
    • #5
    • 7th Dec 17, 9:07 PM
    • #5
    • 7th Dec 17, 9:07 PM
    I have never confirmed the driver, so officially I am the keeper.
    Originally posted by Martin101
    you need to edit post #1 again then , there is still too much info on who the driver was

    THE DRIVER parked blah blah , THE DRIVER did not see the signage blah blah ... etc

    anything that happened on the incident date happened to THE DRIVER

    anything since that date happened to THE KEEPER

    parking companies read public forums like this one and even the morons who work for them can take screenshots

    which PPC was it ?
    Last edited by Redx; 07-12-2017 at 9:17 PM.
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • Martin101
    • By Martin101 8th Dec 17, 6:34 PM
    • 4 Posts
    • 2 Thanks
    Martin101
    • #6
    • 8th Dec 17, 6:34 PM
    • #6
    • 8th Dec 17, 6:34 PM
    Could I suggest given the time that has past (13 months) that my memory about who actually date of the incident cannot be recollected clearly?

    Which is not a mistruth, this is the car park next to the cinema and we regularly attend with my wife and friend and although we usually use my car I don’t always drive and on this ovcassion I am assuming it was me rather than it was definately me?
    Last edited by Martin101; 08-12-2017 at 6:43 PM.
    • KeithP
    • By KeithP 8th Dec 17, 6:36 PM
    • 4,717 Posts
    • 3,041 Thanks
    KeithP
    • #7
    • 8th Dec 17, 6:36 PM
    • #7
    • 8th Dec 17, 6:36 PM
    Could I suggest given the time that has past (13 months) that my memory about who actually date of the incident cannot be recollected clearly?
    Originally posted by Martin101
    Yes of course.
    .
    • Coupon-mad
    • By Coupon-mad 9th Dec 17, 12:56 PM
    • 51,635 Posts
    • 65,296 Thanks
    Coupon-mad
    • #8
    • 9th Dec 17, 12:56 PM
    • #8
    • 9th Dec 17, 12:56 PM
    I don’t understand why this forum does not advocate the use of IAS.
    Originally posted by Ryandavis1959
    I don't understand why you continue to post telling people to name the driver and to 'use' the IAS, both of which will undoubtedly put MSE posters in a worse position. This is unfair on newbies who take all advice at face value.

    The regulars here have often stated in the clearest terms, we find your suggestions to be wrong and unhelpful, and we all utterly disagree with you. No-one should be told to name the driver, nor get sent up the blind alley of IAS.

    Posters here might be forgiven for thinking you are posting from a parking firm, especially as some of us recall you knowing about a non-publicised DPA case Barry Beavis assisted with, and another case involving the Parking Prankster.

    I cannot imagine for a minute, thinking working for parking firm is a good thing. My kids would be disowned if they tried!

    If there are parking firms spending time coming here to post 'alternative advice' then it just goes to show how successful this forum is, due to the hard work of all the regulars. I don't expect any PPC likes the 99% win rate at POPLA and court.
    Last edited by Coupon-mad; 09-12-2017 at 1:16 PM.
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • Umkomaas
    • By Umkomaas 9th Dec 17, 1:06 PM
    • 15,844 Posts
    • 24,568 Thanks
    Umkomaas
    • #9
    • 9th Dec 17, 1:06 PM
    • #9
    • 9th Dec 17, 1:06 PM
    We don’t even know who the PPC is.
    We cannot provide you with a silver bullet to get you out of this. You have to be in for the long run, and need to involve yourself in research and work for you to get rid of this. It is not simple. We will help, but can't do it for you.

    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.
    • Martin101
    • By Martin101 10th Dec 17, 11:03 AM
    • 4 Posts
    • 2 Thanks
    Martin101
    Parking company was ES parking enforcement Andy the solicitors are Gladstones
    • Quentin
    • By Quentin 10th Dec 17, 11:49 AM
    • 33,473 Posts
    • 17,354 Thanks
    Quentin
    Martin01 - do take notice of the post by CM (#8) in answer to the poor advice given you in #4 (which you look to have taken as "useful" by thanking the poster - somehow all the regulars missed that post when it was made on 7/12/17 - as it would have been soundly rejected as "advice" to follow!!)
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