Help needed

Coupon-mad

This appears to be irrelevant because the link is to the (good guys) BMPA and I think you meant the (dark side) BPA, but in fact aren't this parking firm in the (even darker) IPC, so this CoP does not apply:

On https://www.bmpa.eu/companydata it states about:

13 Grace periods

13.1 Your approach to parking management must allow a
driver who enters your car park but decides not to park,
to leave the car park within a reasonable period without
having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’
in which to decide if they are going to stay or go. If the
driver is on your land without permission you should still
allow them a grace period to read your signs and leave
before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period
at a site if our compliance team or our agents ask what it is.

13.4 You should allow the driver a reasonable period to leave
the private car park after the parking contract has ended,
before you take enforcement action

You need more than that. Gladstones defences I find when I search have loads more to them, not so much the story of what happened, more legal arguments as well.

Cbella38

Right OK will dig deeper - thanks

Cbella38

This is what is going beyond me is the legal jargon. This passage was added as someone one the thread quoted this.

Coupon-mad

Legal jargon?

Have you read the Gladstones defence examples linked in post #2 of the NEWBIES thread? They cite things like 'not complying with the Civil Procedure Rules' but that's not hard to understand even if you've never heard of those rules, it is obvious what is being said in the defences as shown there...isn't it? Most of us here, myself included, have never studied law and we get it, as do most who defend.

Cbella38

I have read the examples and trying to find parts to use in defence but unless it's me don't see a defence that covers the issue we have.

I have printed all the links and read through them.

Coupon-mad

But this is Gladstones...so what's not applicable about this one for example?

https://forums.moneysavingexpert.com/discussion/comment/71552005#Comment_71552005

That's one of the defence examples in the NEWBIES thread. How is that not OK for your case, with a few tweaks re detail/dates?

Cbella38

I have this but which parts do we tweak?
Argument how we see it is this :
Defendant is registered keeper
On alleged day of incident NO ticket was issued to driver on return to car or was a parking fine affixed to window.
Driver purchased ticket at 15.56 and ticket expired at 16.56.
Driver returned to car just after 17.00
When Notice to Keeper arrived at registered keepers address -DRIVER responded to notice to appeal as thought it was due to arriving late back to car so explained medical condition. Fell on deaf ears then KEEPER received another letter being final notice to which again was replied back too (at this point knew nothing about this forum) again fell on deaf ears.
Letter from Gladstones arrived and then court papers . But if issue is not displaying a valid ticket they took a photo of car at 16.57 clearly showing ticket being displayed on dashboard.
Also have ORIGINAL ticket. So with all this in mind how is this worded into the defence ? What is taken out and added ?? Sorry for all the questions

Cbella38

Can't use protection of freedom bit as driver did admit who they were yet still they kept writing to keeper

Coupon-mad

Hang on, please clarify that! Was the keeper not the driver, and the keeper named that driver (name and postal address?). And the claim has still come to the keeper who wasn't driving?

Cbella38

The driver named themselves because they read the NTK letter and it said if weren't the driver please give details of who was . So driver followed the instructions as keeper gave letter to driver . Driver knows now after being in the forum they should not have responded but thought was doing right thing . But yes even though driver details were supplied and address still keep sending things to keeper .