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Advice please!

theyellowlizard
theyellowlizard Posts: 31 Forumite
I've read the various sticky threads on the Parking, Tickets & Fines section, but would really value some advice.

I have been issued with a parking charge notice as a registered keeper. [EDIT: extenuating circumstances of the driver in question outlined here]

Given the circumstances, I'm not sure the appeal letters suggested on the stickies make sense. In the circumstances, weren't the driver's actions reasonable and defensible?

As I say, I'd really welcome any advice people can offer.
«1

Comments

  • Umkomaas
    Umkomaas Posts: 43,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 May 2017 at 1:24PM
    Given the circumstances, I'm not sure the appeal letters suggested on the stickies make sense.
    They make absolute sense, because from here on, your story is immaterial and the issue needs to be dealt with in the tried and trusted way that has seen most cases we help with here won by the motorist.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • theyellowlizard
    theyellowlizard Posts: 31 Forumite
    edited 26 May 2017 at 1:39PM
    Umkomaas wrote: »
    ...from here on, your story is immaterial

    But that was my query. Isn't my strongest line for an appeal actually the fact that there was no attempt to gain or to deceive?
  • Umkomaas
    Umkomaas Posts: 43,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 May 2017 at 1:43PM
    But that was my query. Isn't my strongest line for an appeal actually the fact that there was no attempt to gain or to deceive?

    Nope. They will pay no regard to any reason, no matter how good. This has to be tackled on technical and legal points. Use the blue text initial appeal for BPA operators in post #1 of the NEWBIES sticky.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Fair enough, and thanks for the advice. Final question - how do I delete the thread? :wink:
  • Umkomaas
    Umkomaas Posts: 43,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Fair enough, and thanks for the advice. Final question - how do I delete the thread? :wink:

    Do you mean the entire thread, or your first post? If it's the entire thread - why?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • I meant the entire thread - however, I have amended my original post and would be grateful if you could amend the quotes from it in your replies.
  • Umkomaas
    Umkomaas Posts: 43,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Great job done on the editing. Now let's get this sorted out with you. But you do need to let go of the 'story'. Please note that 'sitting in the car' or (as others have quoted in the past), 'engine still running' or 'hazards flashing' still count as parking. You'll find nothing that is to the contrary.

    Anyway, that's history now, onwards and upwards.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    you cannot delete the thread, but you can and must edit your posts so they dont know who the driver was , or wat the "story was" either

    then use the blue text appeal on the PE website , as keeper

    add an extra line that

    clause #13 of the BPA CoP covers both grace periods , both before and after the parking event , so cancel this charge or it will be one of many points used at POPLA
  • Further edits made (if you can update any replies to take account, that'd be appreciated), and thanks again for the advice. I will make an appeal along the lines you have suggested.

    Once again, many thanks. Wish I'd come here first rather than going down the Private Parking Appeals route (a story for another day!).
  • Umkomaas
    Umkomaas Posts: 43,864 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Further edits done.
    Wish I'd come here first rather than going down the Private Parking Appeals route (a story for another day!).
    Oh dear, this is starting to sound a bit worrying. How old is your case? What was the date of the parking event?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
This discussion has been closed.
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