Burden of proof for the 'double dip'

The_Deep

It would confuse them no end if there was a different driver on each occasion.

Half_way

I would be looking at building a case for a data protection breach, which could/should also be levied against the landowner. Who is the landowner, and/or where is the retail park?

louise22333

I am not sure who the landowner is, trying to find out. It is the Range retail park in Chesterfield, managed by Capita. The Range manager claims he doesn't know who owns the land.

System

Is it this location?

http://www.landsecurities.com/retail-portfolio/retail-property-portfolio/ravenside-retail-park

If so try Savills. Send an email to carparkenquiry@savills.com

louise22333

No it is near there though, thanks for looking. Having looked at the land registry maps I think it isn't actually classed as a retail park - it is just down as unit 1, Lordsmill Street - but no information as to Title Deeds. Still have lots of angles to go on now though, thanks to everyone on this forum for all the ideas.

louise22333

QUICK UPDATE
I am sending a letter to ParkingEye about the data protection breach, as in the example letter on here. Does anyone know where I should send it to? A search on the company secretary of ParkingEye gives a named person as the secretary of Capita (no actual name given) which I assume is their parent company. Or should I send the letter to ParkingEye head office and just address it to the company secretary?

Also, I am in working on the POPLA appeal but can I just check a couple of points. Do I need the witness statements at this stage or could I put something like 'the keeper was ... that day and can provide witness statements to prove it'. The only evidence we have so far is a duplicate receipt showing the driver was elsewhere during the times stated.
Is it worth putting the clear signage issue down as one of the appeal points? Bearing in mind this might not be relevant as driver did see signs but didn't pay much attention as knew they wouldn't be staying long. Here is a link to the signs: hxxp://imgur.com/9tuZufM
hxxp://imgur.com/OjIvegU

Half_way

You could sent it to both, and you should also be sending it to the owners/your contacts for the retail park as well

beamerguy

http://imgur.com/9tuZufM
http://imgur.com/OjIvegU

Coupon-mad

Do I need the witness statements at this stage or could I put something like 'the keeper was ... that day and can provide witness statements to prove it'. The only evidence we have so far is a duplicate receipt showing the driver was elsewhere during the times stated.

There is only a point in saying the keeper wasn't there if this is a non-POFA PCN (the type with nothing about '29 days to keeper liability and a blank space at the bottom, as per the example shown in a link to a picture, in the NEWBIES thread post #3). If so then this is easy to win, ''non-POFA PCN, appellant keeper not liable'' - but those 'blank space' late PCNs are rarer than the POFA version.

Saying that it was a double visit does have to be evidenced for POPLA otherwise they won't believe it. I think in your case, drop any point about 'unclear signage' (no need, it was a double visit = no contravention). But do include the usual 'no landowner authority'.

louise22333

Just coming back to say, had a letter today from ParkingEye to say the fine has been CANCELLED! Thanks to everyone who has taken their time to give advice.