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Is no planning permission for the ticketing machines and cameras a valid defense???

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Comments

  • n0355209
    n0355209 Posts: 12 Forumite
    I see it now.

    I am computer literate honest!
  • Coupon-mad
    Coupon-mad Posts: 153,057 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You are about to get the case allocated to your local court so:

    1. Read post #5 of the NEWBIES sticky thread which is all about small claims defence - LOADs of cases won - and the procedures including the N180 form.

    2. Send the letter to the local Judge that I wrote about here (as SRM on pepipoo). This is the moment to tell the Judge about the PE 'test case' impedning decision - and to push instead for POPLA:

    http://forums.pepipoo.com/index.php?showtopic=89764

    3. Anyone who starts making offers to PE just before the Cambridge test case decision hasn't read enough threads about PE claims on here and on pepipoo!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Phone Box, generally the camera's on sticks don't have planning permission, so it may be a source of amusement when you win your case. I haven't seen a case won on these grounds though, so I'd concentrate on winning firstly. :-) When you do, (and you will), contact the local enforcement officer.

    Parking Eye contracts have a clause about planning, but, like I've said, not heard of a case won on these grounds yet.. :-)
    Illegitimi non carborundum:)
  • taxiphil
    taxiphil Posts: 1,980 Forumite
    I can see exactly where the OP is coming from in his opening post, and I'd chuck the legal doctrine "ex turpi causa non oritur actio" into my defence for good measure here (alongside the planning argument).

    Obviously there is much Googling to be done on the subject, and the scope of the doctrine is enormous, but I can say that it remains good law and applies right across land, tort, contract and criminal law (and any combination of the above).
  • n0355209
    n0355209 Posts: 12 Forumite
    Thanks everyone I will work on this this weekend and post my defense on here for critic. I will be using the numerous templates online to drag what I feel is relevant.

    Cheers

    JD
  • n0355209
    n0355209 Posts: 12 Forumite
    Has anyone else who took on parking eye experienced them visiting there property, someone came to my house on Monday and looked through the window, was in a suit didn't knock on and drove off cant think of any other reason for this?

    Ever happened to anyone?

    May not be related at all.
  • n0355209
    n0355209 Posts: 12 Forumite
    This is going from bad to worse, I received my letter acknowledging that the proceeding will be transferred to the local court but never received anything after that. I was waiting as far as I was concerned.

    But yesterday I received the claimants defense in the post, this also noted the court date that I didn't know. which is the 18th August. I contacted the court "Bolton" and asked for further details and they stated the letter had not been returned by royal mail so they deem it as received/served. I asked the course of action for delaying they said you can request it but it will cost. (I didn't ask the cost any ideas anyone?)

    I need to formulate my defense but I thought I read somewhere that it had to be submitted 14days before the hearing which has now passed is this correct?

    I should for had my defense sorted I know, but life takes over and it gets put to the bottom of the list. If the statement re 14 days is false I will crack on this weekend.

    Ill be honest reading the claimants defense, they seem to have everything in order which is there intent. Signage appears correct and clear, evidence of visit etc. When I go to court I fear that I will be out of my depth.

    Thanks for any advice.
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