Parking Charge Notice - Calder Park, Wakefield - Help

KeithP

shaftonred wrote: »

I have just come accross something which I am hoping could help my case but was hoping for someone who is more in the know to advise me...


At the location where my vehicle was parked I have noticed that the double yellow lines dont have any T bars at the end which I believe is illegal?

Yellow lines, double or single, do not have to comply with any legislation on private property.

People tend to assume they have the same rules and meanings attached to them as on the public highway. This is wrong.

shaftonred

Perfect, wasnt sure especially with it being private land, suppose I was just looking for other items to help with the case, cheers

shaftonred

I have been reading many posts on both here and Pepipoo and I am genuinely worried as I have read so much and no little about the law that I don't know how to start wording this out.

Also a lot of the ones I have seen are based upon parking violations as opposed to briefly stopping on a private road (for less than 2 mins)... so i am a little worried about how I compile the statement and if they are breaking any rules set out.

(Section A)
During one of the early emails I asked the following;
* Who is the party that contracted your company and requested contact details - Didn't receive.
* Is your charge based on damages for breach of contract - Didnt confirm but mentioned that it was private land and motorists could access if accepting to the T&C's
* If the charge is based on damages for the breach of contract please provide your justification of this sum - They responded by advising that £100 isnt extravagant and referred to Parking Eye V's Beavis
* Is your fee based on damages for breach of contract, please provide your justification of this sum - Nothing other than the above
* Is your charge based on an agreed fee fior the provision of parking, if so please provide a valid VAT invoice for this "service" - Didnt respond to this section
* Please provide a copy of the signs that you can evidence were on site and which you contend formed a contract with the driver on that occasion, as well as all photographs taken of this vehicle. - Sent these but in all honesty the signs were located just off a roundabout which naturally you are glancing to your right as you approach to make sure nothing else is coming around the corner and I felt there was far too much info to safely read and drive.

So they have declared that they arent seeking to rely on POFA 2012, Advised that there are points that arent appropriate to deal with at this stage (and still havent over 12 months later), Advised that their signs are compliant with IPC.

They also referenced in their original letter before handing over to BW Legal that;
*Its the drivers responsibility to adhere to the T&C's so as not to pose a obstruction or danger to other road users - The car was stopped at a part of the road had ended (mound of dirt as they had finished that piece of road but wanted to stop travellers gettin on site so no obstruction or danger whatsoever)
* Stopped for an unreasonable amount of time and referred to circumstances I had described - The evidence they sent showed the photos with 39 seconds between the 1st and 3rd photo... i also didnt describe any circumstances!?


Despite several emails and letters back and forth where I referred to information on the above points (Section A) the information wasnt forthcoming from them. In addition despite my request for them to update my new address they failed to do so and issued their letter for the notice of county court claim and subsequently the county court claim was sent to my old address some 200 miles away.

I would be eternally grateful for any assistance in this as I have read so many things that I am utterly confused and blinded by the information seen... appreciate any help with this!!

shaftonred

Sorry I have got ahead of myself with this... I am at the statement of facts stage ready to respond to the court claim...

KeithP

Before your 'statement of facts', aka Witness Statement, you need a Defence. Leave your Witness Statement for the time being.

Re-read post #2 of the NEWBIES FAQ sticky thread where you will see several Defences linked from it.

You now have until 4pm on Monday 16 April to file your Defence with the court.

Umkomaas

KeithP wrote: »

Before your 'statement of facts', aka Witness Statement, you need a Defence. Leave your Witness Statement for the time being.

Re-read post #2 of the NEWBIES FAQ sticky thread where you will see several Defences linked from it.

You now have until 4pm on Monday 16 April to file your Defence with the court.

Presuming you've submitted the AOS @shaftonred - because the last mention of it suggested that you were perhaps still to complete the process.

So now I have started the AOS online and hope to have my defence started to share in the coming week or so....

KeithP

Umkomaas wrote: »

Presuming you've submitted the AOS @shaftonred - because the last mention of it suggested that you were perhaps still to complete the process.

Absolutely right Umkomaas.

I made the, perhaps rather rash, assumption that having started the AoS it would only be a matter of minutes before it was completed.

I am now wondering whether the OP has filed a Defence while doing the AoS. :eek:

OP, what's going on?

shaftonred

Sorry this is the first time in this situation so finding it confusing/worrying. So the AOS has been filed with my intention to defend all of this claim.


I supplied a trail of the paperwork and my responses to a friend of a friend who's partner is a prosecutor for the local council in these instances. They have told me that while I have some good points about my case, that the sign I am parked in front of will undo it all at the first hurdle... i am hoping they have missed something but fearful that I am now likely to have to pay x 3 of the amount originally charged which was for stopping for less than a minute.


https://www.google.co.uk/maps/@53.6524241,-1.5249528,3a,75y,243.92h,84.94t/data=!3m6!1e1!3m4!1smOp0i3IhnlHS9auh6Z05-Q!2e0!7i13312!8i6656


Based on this do I have anything to rely on or do i just pay up?Right now I would happily pay someone £60 to get a win with this rather than pay these guys it!!

Coupon-mad

Right now I would happily pay someone £60 to get a win with this rather than pay these guys it!!

Absolutely categorically DO NOT go looking for a 'service' to do this for you.

If you did, we'd probably point you to the review site called 'Trust Pilot'. STAY HERE.

So your expert friend can read the sum of the parking charge and all terms on that sign, and concludes that the driver agreed to pay that sum (what sum?!), and could read the terms?

Better eyesight than me, then!!

Umkomaas

I wonder whether they issued a PCN to that broken down wagon shown in GSV? Maybe hit the driver on the basis AJH Films?