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HELP! BW Legal / Parking Awareness Court Claim
Comments
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Hi IamEmanresu
So the actual contravention is "Not a pre-authoorised vehicle"
I pulled up outside a shop which had land (parking) outside the shop which was off the street - I pulled up at around 8pm
It was my car and I was driving but they wouldnt have known that because I came back to the car and there was a PCN on the window
I am the defendant
cheers0 -
"Not a pre-authoorised vehicle"
So unless you were authorised, there would need to have be a visible sign to say "get authorised or pay £100". So it comes down to the visibility of the signs/wording.I have the pictures of evidence that they have submitted which shows my car without a ticket on the window and them one seconds later with it on - It shows all angles of the car and it shows one of the signage but the signage photo is a bit blurry.
Typical poor quality claim and have seen a few of these thrown out. But can you get a better pic of the wording?
Did the driver have a purpose in being there or was this just fly-parking?This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
IamEmanresu I have tried searching on Google and I have looked on Google maps - You cannot even read the sign from Google maps when you zoom in because the signs are that small. I am unable to get a pic of the sign in person because I live over 3 hours away from there as it is in blackpool0
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Let it run its course then.
What they tend to do is to include the poor quality pics in the pack and then supplement them with a facsimile of the signs they say were there. You have to challenge that there is no certainty of this, as the quality of their evidence is so poor. Some judges will throw the claim out on lack of evidence but others may allow it on the balance of probabilities.
There will be other errors you can use as PAS are not the brightest but it will be down to quality of evidence.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
robertow88 wrote: »1) I am the registered Keeper but wasn't the driver.robertow88 wrote: »
I pulled up outside a shop which had land (parking) outside the shop which was off the street - I pulled up at around 8pm
It was my car and I was driving but they wouldnt have known that because I came back to the car and there was a PCN on the windowPlease 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 Street0 -
I was just answering the questions that was asked!
My story / defence in very rough detail is that I am the registered keeper but I wasnt driving - I dont know who was driving because it was 2 years ago!
I pulled up outside the shop but the signage was not clearly visible and further investigation of the signage after the PCN the text was not easily readable and was not in the correct size
There was no grace period given
All the charges are unjustifiable0 -
Yep, lying in a public forum like this, that the PPCs trawl, WILL bite you
You do realise you did say who was driving? Thats literally what you posted.
Uou also didnt answer the quesiton asked. You gave more info that was actually asked for.0 -
Hi can anyone prove who I am or what case I am relating to?
Anyway - I just need help with a defence which is why the post was started so any help would be appreciated
thanks
Rob0 -
What Nos was trying to say was that judges are not fools and can pick up on simple errors in any statement. You made one so luckily it was here and not in court.
If you were the driver but do not want to reveal it, you say "I can neither confirm nor deny the driver and put the Claimant to proof". What that does is to bounce the decision about the driver over to the judge and depending on how he/she feels that morning may take offence at the defendant assuming they are stupid.
There is also the issue of if you say you were not driving, can the judge take what you say about the signs at face value (it's called hearsay). So the decision for anyone is "does it benefit me to reveal who was driving or to leave it to the judge to decide"
Hope that clarifies the point being made.This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com0 -
Arrrrh ok thank you for that. and Apologies Nos if I was a little cranky in my response it has been a very long night and morning and now I have a day of meetings whilst trying to think of all this stuff :eek:
So IamEmanresu that has helped a lot and got me thinking. But could I not go off the grounds of not revealing the driver but then saying on inspection of the evidence provided by PAS and Google Maps the signage is unclear?
Am I right in thinking Maps doesn't tell us whether their was adequate signs in place at that time? but at the same time I dont have my own images to support my claims that the signs where bad even if I did identify as the driver.
This is all so difficult - I just wish I knew what grounds to write the defence on0
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