Brittania PPC Newbie post

KeithP

DC??

Return your Directions Questionnaire to the CCBC in the same manner and to the same email address that you sent your Defence.
Refresh your memory on that by re-reading post #32 above.

Don't forget to send a copy to the Claimant - address on your Claim Form.

Taliessa

Thank You Fruitcake (really helpful) and KeithP - yes I mean DQ and I can scan and submit by e-mail? Ok will re-read post #32. Can the copy to Claimant also be sent via e-mail?

KeithP

Taliessa wrote: »

Can the copy to Claimant also be sent via e-mail?

Yes if you have, or can find, an address.

Taliessa

UPDATE; We drove past the parking site a few days ago. Now the main point within my defence was lack of signage as signs are up all across one side of the parking area only. If you park facing the other side you simply cannot see the signs behind you especially at night time. We drove past to see all signs had been taken down except for entrance sign. Leaving just the tall metal poles that the signs were on. Parked up and walked over to the site to find that all the signs have been moved over to the other side of the car park, fixed up above the shops. Had these been there before then my driver would of seen them!

My question is: If the signs have now been moved surely this gives weight to my defence? Does this not show that signage was inadequate before if they have now moved them?
We took photos and a video of the new signage position.

Is there anyway they can pretend the signs were there the whole time? We do have a photo of how the site was previously. Just so surprised they have been telling us signage is adequate but now they have moved them!!!

Le_Kirk

Signs being moved does seem an acceptance that the previously positioned signs were inadequate. You have photos of them in the new position but do you have photos of them in the old position? I would hope that the PPC would provide (as part of their evidence to the court) dated photo of the signs at time of parking event.

nosferatu1001

State in yuor WS that the photos of X date show that the signs were moved, and so you require them to stae WHEN these signs were moved

Taking photos of empty metla posts lends weight to your argument as well. THeyre not there for fun.

Taliessa

We do have photos of the site without the signs yes. We also have an google maps image (provided by PPC) detailing where all signs were at time of parking. This shows clearly no signage over the other half of parking area.

Taliessa

"State in yuor WS that the photos of X date show that the signs were moved, and so you require them to stae WHEN these signs were moved"

Will do thankyou!

Taliessa

Another Update;

Article in local paper just published suggests that Britannia never got planning permission for either poles with cameras or poles with signage. They have been asked by the council to apply for retrospective plannning permission after complaints. I spoke to council this morning and asked if the signage and cameras were in fact, erected illegally. She said an enforcement officer will be looking into this (I don't know if this investigation will be completed in time for my court case). A spokesman for Britannia said in the article
"“The car park installation at Old Green Parade is classed on a ‘de minimis’ basis, meaning it does not necessarily require planning permission,”
the complaint regarding lack of planning permission came from a local resident who said “Britannia Parking have (a) cited an illegally erected signage as the contractual justification for their claim, (b) used pictures from illegally installed cameras as evidence submitted to court, and (c) used those pictures to make ‘registered keeper’ inquiries to DVLA to obtain personal data.”

If this is true does this therefore make any PCN issued before planning permission was obtained, null and void? Is it therefore the case that Britannia have, in fact, been operating illegally, as the owner of the Indian restaurant where the driver of my car parked, originally claimed?

Many thanks!

Taliessa

Update; I have now received a date for the court case. All documents on which I intend to rely must be delivered to Britannia and the court one month before the court date. When they say 'all documents' does this mean I send absolutely everything? As in all the paperwork/photos etc or does it mean I send a copy of the WS and a list of all other documents?

Also I heard back from the planning officer at the council. All signs did not have planning permission and consituted an immediate offence. All poles and signs have been removed along the one side of the parking area where signs were very high. ANPR camera and pole is still an ongoing case with planning permission. Planning permission for the signs only was granted July 2019 after a retrospective application. At the time that the driver of my car parked here the signs and ANPR pole plus cameras did not have planning permission. Does this make any difference to my defence? If so I will state all this in my WS. Your help is gratefully received, thankyou.