1 Big Car Park, 2 landowners, Valid parking ticket but Parking Charge Issued

Coupon-mad

Can you wait until the skeleton before challenging a Claimant's WS?

Yes I think so.

Loadsofchildren123

Is that it? Just one photo which doesn't show any sign nearby which could be said to be legible (just the one I can see in the background on the back of the hoarding?)
The contract is very odd. It doesn't actually give authority for them to ticket at all. It actually implies in one clause that they won't ticket, they will merely put up deterrents. It also refers to trespass.
Is there plan of their part of the car park only?


You can rubbish this in your Skeleton.

claxtome

Thanks Loadsofchildren123 to taking a look at the evidence.

I hand delivered my WS on Monday and emailed a copy to Claimant's solicitor.
(Need to post DVD to Claimant's solicitor - though they should have a previous version of it)

Is that it? Just one photo which doesn't show any sign nearby which could be said to be legible (just the one I can see in the background on the back of the hoarding?)

What I put in the folder on dropbox was all I received.
Not a lot to be worried about I don't think.

The contract is very odd. It doesn't actually give authority for them to ticket at all. It actually implies in one clause that they won't ticket, they will merely put up deterrents. It also refers to trespass.

Not looked at contract in detail but a quick glance did seem it was a bit odd.

Is there plan of their part of the car park only?

And no there was no other plan of the car park.
It is obviously out of date as shows both private part and council part.
My extra bits below I think explain why it shows both parts.
Also I will check the signs are there in there part when I get a chance.


Update from yesterday after talking to a council parking attendant just bumped into on street->
Apparently the 'council' part is indeed council land and surprisingly ES did manage that part for 5 years.
However when the contract expired they kicked up a fuss and eventually weren't allowed to continue after this.

So FOI request I need to send ASAP will ask the following questions:
1) When did ES start and finish managing Council owned land at XXX?
2) When did the fence nearby XXX get erected and why?
3) When did the rubble at XXX get put there and why?

Can anyone suggest further questions OR improvements for a FOI being sent to council?

Coupon-mad

FOI will take too long, try sending a short letter direct to the Highways Dept. Don't ask much, but do ask as well for a map (as you can't assume the rubble delineates the proper boundary can you?).

claxtome

I am happy to be guided as to best approach to ask council.
A letter to Highways dept is fine with me but thought you said an FOI would only take 21 days.
I have checked quickly on the internet and 21 days seems right. (need to reply within 20)
I have nearly 3 months until court.

Coupon-mad

I was thinking about 40 days for some FOI. Isn't it working days?

But as you have 3 months till court you can choose.

Why not write to the Highways Dept and tell them 'time is of the essence' and that if they have to treat some of your Qs as coming under FOI, then you expect a response within 21 days.

claxtome

I was thinking about 40 days for some FOI. Isn't it working days?

Coupon-mad you are right it is working days so would be about 4 weeks.

Why not write to the Highways Dept and tell them 'time is of the essence' and that if they have to treat some of your Qs as coming under FOI, then you expect a response within 21 days.

Sounds like a good plan.
Sorry if you thought I was being a bit pedantic but just wanted to make sure they would answer it.

Thanks for your help both of you once again Coupon-mad and Loadsofchildren123

Loadsofchildren123

Even if you send it to Highways and don't say it's an FOIA request, it will be treated and dealt with as a FOIA request. In fact, you'll probably find that the local council has a dedicated FOI team to ensure compliance. So even if you write it to Highways and don't mention the Act, they will simply refer it to their FOI dept/or will treat it as a FOI request.


I don't think it will make any difference how you write the letter or to which department, this is how it will be treated as a matter of course. It's fine, you've got 3 months. But do it asap and disclose the result to the Claimant - when you get the response post it here and we can then decide how to deal with it.


The reason I know it will be treated as an FOI Act request is because this was how I first discovered the delights of the FOI Act - dealing with a (non parking) case I made a request for information to a government department and the response said "we are treating your request as being made under the FOIA and will respond within 20 working days...." etc.

claxtome

I sent the FOI early last week. Got a 2-3 week wait for an answer. Very interested to know the answers to the questions.

claxtome

Been looking at Claimant's evidence.
In particular the contract.
Link to Claimant's evidence is in this Dropbox folder>
https://www.dropbox.com/sh/im119eaq9etiyo8/AADm3lCyIuUpeg7itMoGtrq_a?dl=0

As Coupon-mad mentioned the initial run of contract is 12 months.
It was signed in Feb 2015 and would therefore appear out of date on the day in question.
Point 8 states:

The agreement is for an initial period of 1 year and thereafter is subject to termination in accordance with the terms and conditions overleaf....

(Not been sent terms and conditions page)

What happens after 12 months is it terminated automatically OR is it like a tenant lease and it can continue?
Please can people who know about Parking contracts comment.

Would a SAR to landowner or PPC be useful to see the terms and conditions OR contract extension?