UKPC started court proceedings

dansim17_2

Umkomaas wrote: »

Have you been in touch with the BMPA? They sometimes assist at court. I don't know the full details/arrangements, so you might want to make an initial enquiry to them. Here's your starter for ten:



Thank you for that. Fingers crossed I don't have to use them and it will get thrown out before then. It's helpful if I do have to though.

Umkomaas

I'd make an early tentative enquiry of them so you have your strategy all ready and in place if the worse should happen.

The_Slithy_Tove

dansim17 wrote: »

Sorry, forgot to quote this before. You can tell I've never done anything like this before. My defense is above. Really appreciate your help

I see it. You didn't mention Grace Periods, Codes of Practice, etc., but then that's easily overlooked.

I think that point #2 will allow you to squeeze that argument in, though.

2.The Defendant is unable to admit or deny the precise times he was parked in said carpark as he has no recollection of this. The Claimant is put to proof of the same.

If the overstays really were all just a couple of minutes, then chances are you weren't parked for more than 2 hours. All they'll be able to show is that you were inside the car park for such-and-such a time.

Also, when they inevitably quote Beavis, you can counter with the SC's point that the Code of Practice is effectively binding on the operator.

dansim17_2

The_Slithy_Tove wrote: »

Also, when they inevitably quote Beavis, you can counter with the SC's point that the Code of Practice is effectively binding on the operator.

Hi, can you expand on this point please. I no that Beavis states they don't need to provide a breakdown of loss (if that is correct). What exactly should I counter with? Thanks

HumbleGuy

Do you know who the actual landowner is of the car park? If you do know who it is and if you can get a letter from them saying that they gave you permission to park there without any time constraints then that should be the end of it.

dansim17_2

HumbleGuy wrote: »

Do you know who the actual landowner is of the car park? If you do know who it is and if you can get a letter from them saying that they gave you permission to park there without any time constraints then that should be the end of it.

I have tried to find out but i cannot find this anywhere. The car park is used by Costa Coffee and it is them that advertise the free 2 hour parking. It is also used by ibis hotel. I have emailed costa coffee making a complaint but i have yet to receive a response.

Herzlos

The_Slithy_Tove wrote: »

I think that point #2 will allow you to squeeze that argument in, though.
If the overstays really were all just a couple of minutes, then chances are you weren't parked for more than 2 hours. All they'll be able to show is that you were inside the car park for such-and-such a time.

There is a case reference somewhere where the judge stated that being in the car park is not the same as parking. I.e. you were on site for 2hrs 2 minutes, but spent at least 2 minutes finding a space and leaving, so were parked for under the 2 hours required.

The BPA Code Of Practice requires a reasonable grace period, which you could certainly argue must be more than 120 seconds.

You should also be questioning the accuracy of the timing, as it's a very small error margin. Was it the same camera on entry/exit?

dansim17_2

Herzlos wrote: »

There is a case reference somewhere where the judge stated that being in the car park is not the same as parking. I.e. you were on site for 2hrs 2 minutes, but spent at least 2 minutes finding a space and leaving, so were parked for under the 2 hours required.

The BPA Code Of Practice requires a reasonable grace period, which you could certainly argue must be more than 120 seconds.

You should also be questioning the accuracy of the timing, as it's a very small error margin. Was it the same camera on entry/exit?

It's all done by a warden that takes a picture at 9am then takes a picture at 11.02am. Therefore, I was probably on the car park before 9am. However, the differences in the pictures are 2hours and 2 minutes.

Herzlos

dansim17 wrote: »

I have tried to find out but i cannot find this anywhere. The car park is used by Costa Coffee and it is them that advertise the free 2 hour parking. It is also used by ibis hotel. I have emailed costa coffee making a complaint but i have yet to receive a response.

Have you tried emailing their CEO or making a scene on their facebook or twitter?

dansim17_2

Herzlos wrote: »

Have you tried emailing their CEO or making a scene on their facebook or twitter?

No not as yet. This is definitely something i am going to try though. Thank you for the advice