Burden of proof for the 'double dip'

louise22333

My partner received a PCN as registered keeper from Parking Eye for a stay at a retail park that was claimed to be for an almost 6 hour stay. We know this isn't correct and it must have been for two separate visits, but I am getting concerned about how to prove it.

I have done the first stage appeal online using the suggested letter. I also added a sentence, along the lines of 'the driver did not stay parked there during that time, it was two separate visits'. The only proof we have is bank statements showing transactions at places over two miles away. My partner was at work and can prove this. However the bank statements don't show the time of the transaction. Do you think we have enough of a case if it went to court?

I also went to the shop associated with the retail park to complain to them as suggested but the manager said the parking company was nothing to do with them and said he didn't know who owned the land. Are there any other steps I could take to pursue a complaint?

Thanks for any advice

twhitehousescat

duplicate receipts from shop?

save them for POPLa

Redx

if you are providing witness statements , signed as true , for a judge etc (in the future) then its the job of the PPC to prove that it was one visit and not 2 visits

they are the claimant , so they have to prove their claim

a defence (apellant) only has to dispute the facts and say , prove it , although it helps if you had evidence of being elsewhere in between the times of the alleged full stay

so you lay out the facts and you also dispute their version and tell popla or a judge that they have to prove it so that its 51% or more in their favour (the judge has to be more sure than not)

louise22333

Thanks both for the replies. Unfortunately I don't have any receipts from the shop on the retail park. On the first visit the driver bought a small item and paid in cash the second visit the driver didn't buy anything. Also forgot to mention I asked the store manager about CCTV footage but he said it would take him too long to look through and the cameras wouldn't show much?

Anyway, sounds quite positive about the court, if it comes to it we could get witness statements.

If anyone is still reading, can I also just add do we wait until the court case to name the driver? Or at POPLA? I am fairly sure there was not any fault in the wording of the notice and it was (just) served in time.

Fruitcake

You never name the driver, ever, no matter who asks.

There is no requirement in law to name them, not even a judge can demand it.

You now wait for the rejection from parking lie then construct your PoPLA appeal using the template appeal points from post 3 of the NEWBIES amongst others. Post it here for checking before you send it, and make sure you don't mention who was driving, not even here. Parking scammers monitor these fora.

"I am fairly sure there was not any fault in the wording of the notice and it was (just) served in time."

Don't you dare believe that from a company that was caught telling lies in court, and have been caught lying again recently about a parking case in Bristol.

twhitehousescat

louise22333 wrote: »

Thanks both for the replies. Unfortunately I don't have any receipts from the shop on the retail park. On the first visit the driver bought a small item and paid in cash the second visit the driver didn't buy anything. Also forgot to mention I asked the store manager about CCTV footage but he said it would take him too long to look through and the cameras wouldn't show much?

Anyway, sounds quite positive about the court, if it comes to it we could get witness statements.

If anyone is still reading, can I also just add do we wait until the court case to name the driver? Or at POPLA? I am fairly sure there was not any fault in the wording of the notice and it was (just) served in time.

not bothered about your buys at the retail park , I know , you know and the PPC know you were there

HOWEVER :

" The only proof we have is bank statements showing transactions at places over two miles away.

clearly shows that you CANNOT have been at two places at once!!

goto the place "2 miles away" and ask for a duplicate receipt

Coupon-mad

TBH if you show some evidence of two visits and give approx times, PE will check and will probably cancel.

Then you can sue them under the DPA for compensation!

louise22333

Thanks all - will let you know how I get on.

Half_way

Question: Do you have a smart phone?

louise22333

I do but I usually leave it at home - I will check it though to see if there were any texts made that day. Actually that's just given me a good idea about laptop usage. I'm not very technical but will look into it, thanks.

Half_way

If you have a smart phone, and you had it with you it could have recorded your location, android phones do this automatically ( unless you opt out) and apple phones do this as well , although i think you have to opt in.

In the case of a double dip, there could be a data protection act issue at play, as the parking company would have no just cause to access your data.