CE County Court Claim

nosferatu1001

For overstaying ina free car park that required a high turnover of visitors
DOes this bear much resemblance to a standard pay and display car park?

Networking

IamEmanresu wrote: »

Remind me why Beavis was issued with a parking charge?

It was for overstaying, however, i didn't mention that i did or didn't overstay in my defence. I simply claimed that i overstayed by 24 minutes in my original post but this is just an assumption of me paying for 1hr. I don't remember exactly how long i actually paid for.

System

DOes this bear much resemblance to a standard pay and display car park?

I bares a strong resemblance to the underlying rationale which is the prevention of mischief. Overstays in P&D are very difficult to defeat unless there was some form of frustration.

nosferatu1001

But there is no evidence of mischief
The underlying rationale also said that this complicated licence bears littel resenmblance to a simple P&D and that the penalty rule is unlikely to be disengaged there. Appeals court ruling not disagreed with by thte SC.

System

I'm going to disagree from experience but we may never know as this is CEL.

Networking

IamEmanresu wrote: »

I bares a strong resemblance to the underlying rationale which is the prevention of mischief. Overstays in P&D are very difficult to defeat unless there was some form of frustration.

Are they able to prove that i overstayed?
I can't even prove that i did or didn't since i don't have the original ticket that i purchased. The POC on the claim only displays time in and time out, so unless they keep records of all tickets purchased, can they really prove this? I did not exceed the 4hr max stay that is claimed on the signage either.

System

4hr max

Irrelevant.

Are they able to prove that i overstayed?

Yes if the payment machine is link to the cameras. Or you were ticketed by a witness.

I can't even prove that i did or didn't since i don't have the original ticket that i purchased.

Send a Subject Access Request for their information including the payment machine logs which they will need to redact apart from yours.

Networking

So what do you suggest i do?

This is already covered under para 10.3 and i cannot admit or deny overstaying since i have not received the SAR details back. Also, correct me if i'm wrong but they don't need to supply me the SAR details 30 days from when i sent it which means they don't have to do this until after my defence deadline, hence, this is where 10.3 applies.

Networking

I need to change para 7 as I've just re-read the POC which states the following:

Claim for monies relating to a Parking Charge for parking in a private car park managed by the claimant in breach of the terms + conditions (T + Cs). Drivers are allowed to park in accordance with T+Cs of use. ANPR cameras and/or manual patrols are used to monitor vehicles entering + exiting the site. Debt + damages claimed the sum of 236.00
Violation date: xx/xx/2017
Time in: xx:xx Time out xx:xx
PCN ref: xxxx
Car reg: xxx
Car park: xxx

It seems as though they're claiming me as driver but it's not clear.
Please can anyone advise a suitable change to para 7 as i am not sure what to state here.

nosferatu1001

You just state that you do not beleiebv the driver overstayed however as this was an unremarkable event X days / montsh / years ago noone has recolelction of this.

Theyre not actually disclosing against who they are raising the claim against and why. Same as ever. So you point out in para 1 that the claim discloses no cause of action against the Defendant.