BW Legal Court Papers

Coupon-mad

5. The driver entered the registration of the car, paid the correct tariff, and the machine issued a ticket which unbeknown to the driver showed an incorrect registration of the car. The machine [STRIKE]shouldn't[/STRIKE] should not allow an incorrect registration to be printed on the ticket and indicates a malfunction between the P&D machine and Excel’s systems. This could be caused by a faulty/sticking or wet keypad, or the system itself misreading the information from the keypad, or even faded/weathered keys with unclear letters, given that this claimant is known to use old machines at their sites, prone to errors. There is no evidence of fault by the driver - it cannot be assumed that the number was in fact keyed in wrongly - and the claimant is put to strict proof. It is averred that, on the balance of probabilities the driver did not get their own VRN wrong and that it is far more likely that the fault lay in the old machine system or the keypad.

5.1 If the ANPR was drectly linked to the P&D machine/system, it would be impossible for anything other than a valid registration number to be printed on the ticket. Such systems exist at some retail parks (e.g. Tesco use a system run by Highview which shows shoppers an image of their car and the VRN, to click to confirm their car, no VRN requiring input at all). It is averred the claimant's faulty and old systems are not fit for purpose and cause drivers loss, not just of coins but unjust 'fines' such as this one. This is an unfair business practice, contrary to the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008 (the CPRs).

Suggested additions above.


And re this, is the quote from the applicable CoP from the time? Just checking, not sure?

7.2 Namely points 19.1 - When you issue a parking charge notice the charges you make have to be reasonable arising from enforcement under three different circumstances: when a motorist breaks the terms and conditions of a parking contract, when a motorist trespasses by parking without permission, agreed charges that are advertised in the contract; for example, for an overstay.

And add the S:

16. The Protection of Freedoms Act 2012 Schedule 4

Supersaver2017

Thankyou coupon-mad, I was hoping you would he able to help me out. I commend all your hard work and advice you give across the forum which I have noticed for some time now.

I'm sure the 19.1 point was attained from the 2014 BPA Code of Practice but I shall double check. I shall include the other areas you highlighted too.

Other than those would you say it's good to go?

What's the usual waiting time after the defence has been submitted before the next stage?

nosferatu1001

There is no usual time
Just read newbies threa,d post 2, thoroughly again. Have it bookmarked.
Check on MCOL when the DQ is sent out, as well. Sometimes it is slow to arrive, and you risk a default if you do not return it on time. If in doubt, download a copy (N180) and send in.

Supersaver2017

Am I correct in saying that I am to save the Defence as a PDF, and then send to the email listed below? Will I receive an acknowledgement from this or online via MCOL?


ccbcaq@hmcts.gsi.gov.uk

claxtome

Am I correct in saying that I am to save the Defence as a PDF,

If you are emailing your defence you need it be a signed pdf.
To do this you need access to a scanner to scan in a printed and signed defence document.
If you don't have access to a scanner then posting is the only way.

and then send to the email listed below? Will I receive an acknowledgement from this or online via MCOL?


ccbcaq@hmcts.gsi.gov.uk

That is the correct email address and yes you get a confirmation email.

Supersaver2017

Ok guys, I have formatted and edited by Defence letter. Which has been printed, signed and dated, And now going to be scanned and uploaded as a PDF onto the computer.

Going to send this to the email listed above and I will aim to keep a running log of the process with updates as and when they come so other people can see the process if they look on here.
I appreciate there may be other threads with this information but think the more the better 🙂

Supersaver2017

I'm struggling to understand how I am able to physically sign the forms and then them be saved as a PDF?
My scans can only be uploaded as individual pages as .JPG files. Are these alright to attach to the email as individual documents?

Supersaver2017

Or is it acceptable to sign on the PDF document in the following way:

Signed: S.Supersaver
Date: 29.01.18

claxtome

I'm struggling to understand how I am able to physically sign the forms and then them be saved as a PDF?
My scans can only be uploaded as individual pages as .JPG files. Are these alright to attach to the email as individual documents?

Your options I see are (depending on scanner options):
1) Multi page scan and save as pdf (Some scanners have this option)

2) If you don't have that option then:
a) Create a new word doc
b) insert the scanned jpg files (1 per page)
c) Save the document as a PDF
OR
3) if you have the original defence in a word doc:
a) Change the last page of the doc for scanned signed page
b) save the doc as a PDF

Or is it acceptable to sign on the PDF document in the following way:

Signed: S.Supersaver
Date: 29.01.18

No that is not acceptable as needs to show your handwritten signature scanned.


HTH as is difficult to explain without being there.

KeithP

Can I suggest that 'how to use your scanner' is outside the scope of a parking ticket forum?

Perhaps you need to read your scanner instructions - look for 'how to save as a pdf' - or ask for help with that on The Techie Stuff Board.