Can someone clarify something for me please?

[Deleted User]

If they are not arguing about dates on the permit, I suggest you don't. You displayed what they gave you.

You need to defend on basis that at all times permit was displayed and inform the sols that you require the ticketing parking operative to attend court in any proceedings they pursue so as to be cross examined on the parking event.

When they fail to produce him/her you point out that they were on notice and you are prejudiced. And a generic statement from any old employee about their signs ain't gonna cut it.

Hilee87

Ok... thanks for your advice.

I guess at this point I feel that despite the fact that on some of the photos my parking permit can't be seen in its entirety, it was there! The only way you're allowed to park in that location is to display the permit, so if you can see a permit is that there then surely on the basis of decent human nature they can see that I have even attempted to display one rather than have nothing...

So what would be my response now to the solicitor?

Cheers

nosferatu1001

What youve been told above - that the permit was displayed, and their own photos prove this. In the event their client foolishly issues a claim, you will require the parking operative attends to be cross examined.

Hilee87

O.k great, thank you.
So looking at the 5 incidents and photos relating to them, on 2 occasions you can see the permit (it has fallen further down the dashboard but you seen clearly what it is, albeit not the 'details' on it). 3 photos you cant see the permit at all - from angles the picture has been taken from! on 2 incidents they have made no effort to even get close to my car other than to take a photo of the inside?!

I understand the reasoning behind wanting people who park there to be 'authorized' to do so as to defer 'unauthorized' parking, however I have attempted on all occasions to adhere by their T&C's, so surely there is an aspect of good faith here?

There also seem to be 2 seperate parking attendants that have between them issued 5 PCN's.
So would request that both be asked to attend court?

nosferatu1001

Yes, of course they take an advantageous photo. So what you can do is take a series of photos with the permit on display each time, showing that the angle they chose was deliberate, to hide the permit.

They have no concept of good faith. Good grief, these are the ex clamping barstewards!

Ye syou require they all attend court.

Hilee87

Barstewards indeed!
Luckily I took series of photo's recently showing how at different angles you could/couldn't see the permit. Thankfully I did that as now I don't have the car!

Coupon-mad

surely there is an aspect of good faith here?

hahaha, try saying that to any parking firm.

IMHO, from evidence seen over a decade, they are all scammers (Hansard 2.2.18), every one operating an ''outrageous scam'' as the MPs declared in Parliament in Feb.

Loadsofchildren123

Are UKPC BPA or IPC?
I'd write and complain that they are using these tactics with the angles, and demonstrate it with your photos.


ICP will ignore. BPA will respond, but will say that your photos aren't evidence and it's a matter between you and their member. But you can exhibit this complaint to your WS and say you made it. It won't be the difference between winning and losing, but it may help a tiny bit for your indignance at this scam to be demonstrated.


Write to your MP as well.


I think you've written to UKPC now about the scam with the photos. Can you post on here your letter, as it is useful for others to read full threads and to borrow steps taken/wording used for their own cases.


I wouldn't expect your letter to achieve much, but it's important to state these things clearly from the outset, and to repeat them, in order to set yourself up for a possible costs claim.

Umkomaas

Are UKPC BPA or IPC?

BPA.

I think you've written to UKPC now about the scam with the photos.

Lest we forget - UKPC are no strangers to doctoring the odd photo or two for their own enrichment!

http://www.dailymail.co.uk/news/article-3229165/Is-PROOF-private-parking-firms-scamming-motorists-Drivers-say-timings-photos-doctored-legally-parked-cars-issued-fines.html

Hilee87

Hi Folks,
Apologies for bumping this but I have been away and realised I wanted to post my intended response (They've given 30 days and I intend on using every last one)and let others use it for reference:

Thank you for your letter and the photographs.
My permit was displayed at all times, as it always is. The photographs taken by your client's operatives were taken at a deliberate angle in order to obscure the permit. I enclose photographs I have taken, from a range of angles, which show how easy it is to take a photograph to make it appear as if the permit is not properly displayed (or displayed at all).


This is outrageous conduct on your client's part.


If you issue proceedings, then I will defend them to the hilt. I put you on notice now that I will want to cross-examine the two operatives [include their ref numbers] who took the photographs and issued the PCNs, so please inform your client and ensure that witness statements are submitted from them and that they attend court at the final hearing.


I will also ask the court to order costs under Rule 27.14(2)(g) because this entire claim is based on false evidence in the form of the photographs taken by your client's operatives and relied upon by your client.

Any further advice would be greatly appreciated...

Also, I'm sure this will end up in court and I will need to prepare statements etc. Is there any way I can change the title of my post to make it easily seen and catch attention re SCS or am I allowed to start a new thread to draft court documents?

Thanks in advance