MCOL Defence for a 6 minute overstay

HolyGuacamole

!!!!!!, yes. That should read "BPA code of practice section 13 (points 13.1 - 13.4)

Redx

so not been proof read by you then ? (I told you where to look in post #2)

dont expect members here to do all this proof reading , the idea is to present a defence that needs as little change as possible, not blatant errors like IPC CoP and the word "penalty"

HolyGuacamole

apols, it's late and I'm tired. I've read these threads for nearly 5 days and getting muddled I guess.

Redx

fair dooze, but bear in mind that the regulars here read dozens and dozens of these threads and make valid suggestions, which I already did in post #2 and its soul destroying to see that even the advice in my first reply was ignored

no point is us replying if you dont even take what we say on board

and decide if this is a penalty charge notice or a parking charge notice, and stick to it, because at the moment you have a mixture of both

when you submit your proposed defence draft, its supposed to be good enough such that people make helpful suggestions on improving it, not acting like we are marking a rushed homework , lol !!


ps:- like CM above, its hard for me to believe they issued a pcn for a 6 minute overstay in clear breach of the BPA CoP, so if you can , check the parking ticket receipt and ensure the VRM details are correct, because you said you assume , whereas we want facts , not assumptions (as will the court)

Coupon-mad

The Defendant was first made aware of the alleged parking contravention on 29/01/19 when a “Notice of Claim” was received from BW Legal.

Are you honestly saying that none of the letters or the PCN arrived since the parking event date in 2018 or whenever it was?

Why not, was your address not up to date at the DVLA or were you away for six months and missed everything?

HolyGuacamole

The average consumer like myself is doing their best to figure out how to battle what we perceive to be an unfair charge and this is new to most of us who visit this forum. You clearly have lots of experience in these matters, which is fantastic, but please don't assume I'm ignorant.

They must have used my old address for earlier correspondence. I've had no photos/evidence or otherwise to tell me what on earth the claim is specifically referring to. The time of alleged contravention was 14:19, ticket receipt is stamped 13:13 paid to 14:13. Unsure who would have been driving that day. It may be there were two visits to the car park, or a top up to an earlier stay, or perhaps there is no record of the ticket on their database? It's difficult to know how to defend (and for others to critique my defence) without them ever giving me specifics.

HolyGuacamole

the printed ticket shows the correct Vehicle reg

HolyGuacamole

defence filed - what will be, will be!

Redx

very strange then if they are truly complaining about 6 minutes which is well within the BPA CoP

a SAR should extract the data from them so you can see the original NTK and what the alleged breach was, plus get a redacted copy of their PDT info as well as your other data

for information, I personally have NO EXPERIENCE in these parking charge matters, nor any court experience whatsoever

everything I know , have learned and repeat has come from reading this forum for 6 years , reading PARKING PRANKSTERS blogs , reading the BPA and IPC CoP,s and reading about cases like Beavis, plus complained to my local MP etc

research is the key , we all started with nothing when we came into this world, but the regulars here give their time freely to help others like you, even though most of them avoid getting parking invoices and court cases

most of those being helped disappear after we have helped them , most do not stick around to help others with their new found knowledge

take copies of your paid for ticket, and pictures too

be very interesting to see what this is all about, and if it is about a 6 minute "overstay", then complain to the BPA by email as its a clear breach of their CoP , you should never have received any invoice for this

if you do win, you should consider an ICO complaint under the GDPR for a start, never mind a court case for DPA breaches due to the trifling charge they are making of a 6 miute overstay