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LPS - Parking Charge Notice - Stratford On Avon

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  • Trying not to copy and paste but it is worded well :) Is it fine to mention 'my' in regards to smart phone etc?

    Parking for Rother Street - Stratford upon Avon is 24 hours. Parking is £1 per hour with exception to an "evening charge" of £2 which applies for 16:00-08:00 hours.

    The parking ticket was purchased just after at 16:00 at the sum of £2 (photo attached) with clear intent for "evening rate". The physical printed ticket time shows a "departure time" of 17:59 hours, this means that the ticket was purchased at 15:59 hours according to the ticket machine.

    Clearly the machine is not in sync with the smartphone (which is accurately calibrated to UK time and which was checked at the time) and was used by as the measured, accurate time in the day for the basis of purchasing an evening ticket. The difference between 17:59 and 18:00 is so minimal, that there are significant questions about the accuracy of the PPCs machine’s time calibration.

    There is no proof to show that the machine is calibrated to Greenwich Mean Time (GMT), and machine /LCD display/ printed ticket are of identical values time wise. Proof needs to be shown that on the day and time of the PCN, the machine that processed and printed the ticket was indeed calibrated.
  • Umkomaas
    Umkomaas Posts: 43,420 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I’d use ‘the Smartphone that was used to check the time before the purchase of the ticket’.

    Are you anywhere close by where you might be able to show the time on your phone against the time on the ticket machine via a photograph.

    Unless you were born like an octopus, you might need someone with you to provide enough hands and arms to deal with it! :rotfl:
    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 won't be able to get photos this weekend and the deadline is Monday, so will have to make do with what I have. Are there any other areas to tidy up or include on the letter?
  • Document submitted last week and at stage 2 'Operator information and evidence'. Does this mean they haven't found enough information to rejected it, or standard for any appeal? Is there a deadline for the information to be received from the operator?
  • standard I think - the PPC now gets to respond to your appeal documents
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
  • DecisionSuccessful

    Assessor Name *** ***

    Assessor summary of operator case

    The operator has failed to provide any evidence in relation to this Parking Charge Notice (PCN).

    Assessor summary of your case

    The appellant states that a compliant Notice to Keeper was never served, the operator has not shown that the individual who it is pursuing is in fact the driver who was liable for the charge, the signs in this car park are not prominent, clear or legible from all parking Spaces, there is no evidence of calibrated machinery and that they do not believe that the operator has authority from the landowner is issue PCNs on site.

    Assessor supporting rational for decision

    I note the appellant’s grounds of appeal in relation to this PCN. However, the operator has failed to provide any evidence for my consideration. Because of this, the operator has failed to prove that it issued the PCN correctly. Therefore, I am satisfied that the appellant’s grounds of appeal do not require any further consideration.
  • Coupon-mad
    Coupon-mad Posts: 152,608 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Yay, well done!

    Please also post this in the POPLA Decisions sticky thread, with a link back here and stating that the success was versus 'LPS' at Stratford Upon Avon.
    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
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