Just wait it all out and go to court?

DrJogalog

I have been and took photos, from various angles, of the place I would have been parked if they do have photographs of their own. This would show my car parked in a location which is 100 miles away from where they suggest it was on all their documemtation and court papers.

I have also been into the leisure centre where I was actually at, and requested any documenting evidence showing I was in the facility. I have been given a screenshot of their internal systems showing my presence, by my membership card being used, inside that facility 1 hour before the time stamped on the charge notice and court document. The screenshot also includes a photo of me as you have to present to use the membership (ie, no-one else can use it). I also have a covering letter from a senior sales guy attesting that I was using their facilities at this time.

If this is classed as my evidence, it should show that I cannot have been where their documentation suggests I was over 100 miles away. And again, they cannot prove I was because I wasn't.

Umkomaas

Have you read parking-related small claims court expert 'bargepole's' advice on preparing for court? It's linked via post #1 of the NEWBIES FAQ sticky where it's headed 'Small Claim?' It explains what you need to do as each stage approaches.

Fruitcake

I think you are still taking a very simplistic view about all of this.

I suggest you read the Bargepole guide to court you will find by following the link in Post 1 of the NEWBIES thread.

It tells you the steps you need to go through, when, and in what order. It's not just a case of turning up on the day with your evidence in your hand. The judge would throw it out if you haven't followed the practice direction and submitted it within the specified timeframe.
You need to aknowledge the claim and state that you are going to defend it as well to give you the time to prepare your defence.

DrJogalog

It's too late for an acknowedgement as I have already contested my defence online. I came to this forum after the fact. My defence was a few sentences basically saying I have never been to Middlesbrough and deny the contravention in full. I also suggested that if they do have photos, it is not of the place they suggest it is.

However simple or "non legal-like" that may be, I just cannot see how any court can rule on their side as it just didn't happen. Never been to Middlebrough, never parked in the car park they say I did, and therefore their is no breach of any contract. How can judge rule on their side if they cannot prove I was parked where they say I was, and one which I fully deny. Innocent until proven guilty. This is not a technicality, this just never happened. As suggested above, if they don't have to prove anything, anyone could sue anyone, about anything, just on someones say so with no proof or evidence to show otherwise.

Half_way

The landowner can cancel the couirt action at any point ( upto, i believe judgement)
If you search on pepipoo, one of the posters there, Lynzer ( i think) has scripted a good response to any DPA issues, usualy invovling own space issues.

Another proof of where you were could be on your smartphone if you have one, as far as i know google maps will have a timeline/location history, as will apple maps

DrJogalog

I would follow up with the landowner but the only reference i have to this place is "Middlesbrough Leisure Park High Point Estates". That's it, and the internet is far from helpful on this one. Google maps will not have tracked my location as all that stuff is switched off purposefully.

What I do not understand though, is the claiment is "Vehicle Control Services Limited", and the pursuer is "B&W Legal". Neither of these are the land owner and I thought the claimant had to be from the land owner regardless who pursues it?

Half_way

This the place? http://middlesbroughleisurepark.co.uk/information/ looks like a savils establishment

One thing to remember they can put any gibberish on the ticket and then try it on in court.
you should be complaining to the leisure park, and the establishment in which you picked up the original ticket

DrJogalog

It could be. The name on the original PCN is Middlesborough Leisure Park. I'll send them an email. Thanks.

Umkomaas

Neither of these are the land owner and I thought the claimant had to be from the land owner regardless who pursues it?

This is where I start to worry about you tackling this on half-truths and suppositions.

The PPC cannot pursue you for trespass, only the landowner can do that (short of a convoluted legal arrangement with an agent - AIUI). Unless the PPC is claiming a trespass charge, then going down the road you state above is a dead end.

A PPC PCN is based on contract law and they (or their solicitors) - subject to the PPC standard contract with the landowner - have every ability to pursue you.

DrJogalog

That is fine and would not be an avenue I would pursue. It was just a question which you have answered my curiosity. My defense is purely that it did not happen and they can't prove it. I don't need technicalities or references to other cases. I'll just tell the judge the same as stated on the defense, that I have never been to this place. The claimant just cannot prove it. The judge cannot ignore that.