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Court in 2 weeks

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  • Coupon-mad
    Coupon-mad Posts: 152,087 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    He means the P&D expiry wasn't on the hand-written PCN (no defence at all). One to try to rescue, Lamilad, maybe on Rights of Audience as the POFA has been thrown out with the bathwater? We can but try but this is a mess.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Coupon-mad wrote: »
    He means the P&D expiry wasn't on the hand-written PCN (no defence at all). One to try to rescue, Lamilad, maybe on Rights of Audience as the POFA has been thrown out with the bathwater? We can but try but this is a mess.

    I think it rescuable. As you say RoA is a must have. The OP has not directly mentioned signage but he has mentioned Beavis - of which clear prominent signage was a key factor. So I reckon, allowing for a bit of LiP leeway, he can segway into a discussion on signage in his WS which leads him into strong points such as:

    * The Cutts case
    * Phony fines and dodgy signs
    * SR-S insult to DDJ Lateef
    * DVLA ban in 2012
    * Lord Denning red hand rule
    * Unlit signage in hours of darkness - for which we have case reference.
    * Comparison to PE sign in Beavis
    * Non compliance with BPA CoP
    * Non compliance with UTCCR

    Plus there'll be the usual CPR failings - PD 16 & PD22, CPR 27.9

    And of course, their bundle will be full of the usual irrelevant dialogue, copy & paste errors and misleading statements.

    Most of the pics of signs are time stamped Feb 2015 - a full year after the alleged contravention and after Excel had moved to IPC and were operating under a different banner with a different CoP.

    I'll try have a proper look at it tonight, although it might be tomorrow as I'm also assisting someone on Pepipoo on and off forum.
  • Mrnick74
    Mrnick74 Posts: 23 Forumite
    Please can you explain the right to audience thing a bit more?
  • Mrnick74
    Mrnick74 Posts: 23 Forumite
    Only 'evidence' for 15 min vs 17 is that I was present when ticket written and photos taken (as recorded on original ticket). What actually is regarded as a reasonable grace period?

    The car park apparently belongs to a pension fund (!) not the restaurant
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Please can you explain the right to audience thing a bit more?
    https://forums.moneysavingexpert.com/discussion/5640934
    Only 'evidence' for 15 min vs 17 is that I was present when ticket written and photos taken (as recorded on original ticket). What actually is regarded as a reasonable grace period?
    About 10 mins either side (entry and exit). This argument has no legs so I wouldn't dwell on it.

    Please can you post the particulars of claim and answer the question about car park illumination
  • Mrnick74
    Mrnick74 Posts: 23 Forumite
    No it was daylight! 2pm in the afternoon.

    hxxp://drive.google.com/file/d/0B93C0Wu5SHkbYlhiZEJJUEZwX1U/view?usp=sharing
  • Mrnick74
    Mrnick74 Posts: 23 Forumite
    Thanks. So a paralegal has no RoA but the judge may well not be interested?
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Mrnick74 wrote: »
    No it was daylight! 2pm in the afternoon.
    So it was. I was getting you mixed up with another case I was reading earlier

    http://drive.google.com/file/d/0B93C0Wu5SHkbYlhiZEJJUEZwX1U/view?usp=sharing[/QUOTE]
  • Lamilad
    Lamilad Posts: 1,412 Forumite
    Sixth Anniversary 1,000 Posts Photogenic Name Dropper
    Mrnick74 wrote: »
    Thanks. So a paralegal has no RoA but the judge may well not be interested?
    Correct, except if the paralegal is employed by the claimant then they probably will have RoA.

    That link you just posted is the same one as earlier. I'm asking to see the particulars of claim, which are on the front page of the claim form you received from Northampton County Court
  • Mrnick74
    Mrnick74 Posts: 23 Forumite
    Oh sorry:
    hxxp://drive.google.com/open?id=0B93C0Wu5SHkbNURFRGFYVTBCQXc
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