Help please - have i made a mistake?

Le_Kirk

Please post the issue date of the claim form from Northampton CCBC. KeithP will then give you your deadlines and instructions. Meantime, NEWBIE sticky post # 2 and scroll down to: -

Here are some defences written

where you will find links to 17 pre-written defences. Read them all and select the one(s) that suits your circumstances best and put together a draft for critique. If the PPC or solicitor have tried to add a spurious £60 to your alleged debt, then aslo search the forum for the Abuse of Process thread by beamerguy and use the comments at post # 14 on that thread by Coupon-mad.

Standupforyourself

Main details are covered in the original post at the top.

Since which time the POPLA appeal was rejected, etc.

I will contest on all points around poor signage, etc. However, for me the interesting point is around "relevant land" as this is council owned land. I believe there has been a very similar case on a different thread about this very car park - Ropery Road, Ilfracombe - where the PP actually dropped the case after POPLA appeal. However, this one is going all the way!

I'd love to know how well the issue of revelant land has been tested in court, as even you experts seem have a few differing opinions on the interpretation of the legislation around whether a Town Parish is a traffic enforcer or not.

thanks all

Standupforyourself

Le_Kirk wrote: »

Please post the issue date of the claim form from Northampton CCBC. KeithP will then give you your deadlines and instructions. Meantime, NEWBIE sticky post # 2 and scroll down to: -
where you will find links to 17 pre-written defences. Read them all and select the one(s) that suits your circumstances best and put together a draft for critique. If the PPC or solicitor have tried to add a spurious £60 to your alleged debt, then aslo search the forum for the Abuse of Process thread by beamerguy and use the comments at post # 14 on that thread by Coupon-mad.

Issue Date is 18th Dec

Standupforyourself

one other point on legalities:

Due to the nature of their work, the registered keeper is keen for their details not to be visible on any court proceedings database, if one exists. Does anyone know how this works in terms of data protection?

i.e. if keeper won in court (or lost but paid up) would there be any record of the keeper having been taken to court?

Redx

Standupforyourself wrote: »

Main details are covered in the original post at the top.

Since which time the POPLA appeal was rejected, etc.

I will contest on all points around poor signage, etc. However, for me the interesting point is around "relevant land" as this is council owned land. I believe there has been a very similar case on a different thread about this very car park - Ropery Road, Ilfracombe - where the PP actually dropped the case after POPLA appeal. However, this one is going all the way!

I'd love to know how well the issue of revelant land has been tested in court, as even you experts seem have a few differing opinions on the interpretation of the legislation around whether a Town Parish is a traffic enforcer or not.

thanks all

It may be at the top for you because you are using the new default forum skin , whereas many regulars like me use the previous skin and forum view that was used long before the new one came in , which Does not show what you see

That first post does not even state who the claimant parking company is

You have clearly made an assumption which is false , instead of doing what Umkomaas asked , which was a reasonable request by him given the number of posts in this saga , tens of thousands of words

Contrast that with your one liner answer to the vital question of the issue date on the claim form , which you completely omitted from the waffle above

I believe that court records are on public view , so the case may be listed as say Excel v Mr N or whatever , but the surname may be visible , but not their address etc

Standupforyourself

sorry guys/gals. Didnt mean to rub anyone's rhubarb! I'm didnt realise that what you see and what i see are different. Here is an abridged version from original post:

Registered Keeper received a Parking Charge Notice through the post from a private company (Premier Park) for £60 (goes up to £100 after 14 days).


The supposed infringement refers to overstaying in their car park by a total of 31 minutes. However, the 31 minutes is made up of smaller so called time infringements as it is counting the delay in time between renewing our pay and display tickets throughout the day.

Would also be interested to hear people's thoughts on this too. In my opinion i wasnt acting unreasonably and would expect a certain amount of grace whilst we buy new tickets, etc.

POPLA appeal was rejected on appeal points which included Not Relevant Land, NO Keeper Liability, poor signage, use of ANPR technology and no evidence of landowner authority

Claim Form from CCBC issued on 18th Dec.

Claim amount is £170 plus £25 court fee and £50 legal costs

Redx

Fair enough , now if it was appealed and went to popla and if popla ruled on it , add that into the above too , for clarity and continuity

Standupforyourself

Just to add, as i know the registered keeper wishes to appraise all options, if the keeper now disclosed the identity of the driver to the PP would the claim be reset or have we gone beyond that point now. Good to know! thanks

Standupforyourself

Redx wrote: »

Fair enough , now if it was appealed and went to popla and if popla ruled on it , add that into the above too , for clarity and continuity

Yes, it went to POPLA as was rejected. Keeper actually wrote two letters of complaint to head of POPLA but to no avail (not that much was expected).

Redx

Standupforyourself wrote: »

Just to add, as i know the registered keeper wishes to appraise all options, if the keeper now disclosed the identity of the driver to the PP would the claim be reset or have we gone beyond that point now. Good to know! thanks

Too late once a court claim was issued on 18 December 2019

Could have been done at LoC stage , or last week , but that ship sailed 2 days ago now