Ignore

johnny7gun

Basic ANPR Overstay, need a little help.

Fight_the_good_fight

Having being able to log on here and post you have more than enough computer skills to search the newbies thread ( third post down)

Make your self a brew or something stronger and read the newbies thread slowly and several times and make notes.

Not only will see what game you are involved in but locate many examples of draft appeals and subsequently what you need to do without being lazy

Redx

post #2 of that NEWBIES FAQ thread has examples of defences already used and relevant, just click the links and read them

other than that, you have to use the forum search and suitable search words , same as the rest of us, because there isnt a system on here to put ongoing and completed cases into their own sections, as its not a legal advice forum, its a consumer rights forum

its also a forum about parking issues, not court cases , but gets hijacked into legal issues a lot, Martin Lewis would tell you to consult a lawyer, so that is the official advice for legal issues

johnny7gun

I understand. I have searched ANPR Overstay and struggling. I will continue to try.

Redx

start by reading about BARRY BEAVIS by googling it

he overstayed by about 50 minutes on a 2 hour free car park

he lost 3 times in 3 different courts , the last one 2.5 years ago

so any legal argument you have has to be able to beat his case


for a p&d car park, judges do not like anyone bilking , so your case would hinge on signage

johnny7gun

I had seen/read a lot about Beavis. I was about to write back about that.

I read through the thread titled Parking Eye Court Claim Form - Please help (can't post link as new) and have seen your responses about Beavis.


It seems I am similar to this person and have (almost) no leg to stand on unless I can find issue with the signage.
I looked through newbies and saw about POFA so have checked my first letter from them and it looks to me like CEL have followed the guidelines (although many threads on here say they don't usually). Would it be worth me posting a scan of this for some aid?

I appreciate that I need to spend time looking for relevant threads.. I am running into the issue that all the threads i am finding also say "find relevant threads" so I will continue to look deeper haha.

Thank you for quick responses Redx

Redx

that thread https://forums.moneysavingexpert.com/discussion/5926933/parking-eye-court-claim-form-please-help is about staff parking and PE usually follow POFA and its more about the fact of a new parking operator and new signs being inadequate , not about a p&d car park overstay (so not about staying for 3 hours and paying for one hour)


in the thread above , the staff member parked in the visitor car park and overstayed instead of moving the vehicle within 4 hours to the staff car park where it should have been (she forgot to move it)

that is nothing like your case

johnny7gun

It is different, but I meant similar in terms of your comments regarding having much defence other than the standard pofa etc.

You can see how hard i'm finding it to find these relevant threads I am obviously not good at searching but I am still looking.

Redx

rome wasnt built in a day, it would take you days or weeks to get up to speed on this complicated topic ; the more usual legal arguments are as follows:-

POFA compliance or failure (for keepers not drivers)
the relevant CoP issues and failures , if any (in your case BPA)
Landowner contracts
POOR AND INADEQUATE SIGNAGE (as in that PE case you linked)
did the driver pay in full for the period of parking ?
ANPR and PDT issues
was a parking contract on offer to the driver ? (in your case - yes)
etc

now to play devils advocate

let us assume you are in a line of traffic doing 70 mph on a single carriageway and are pulled over by the police for speeding

can you claim as a defence that all the other drivers in the same area or road were also speeding ?

or can you claim that usually everyone does 70 in the area on the nearby motorway and so you assumed that you could on this single road too (so didnt look at or check the signs because you made an assumption)

can you claim that you thought it was ok and didnt bother to read the signs because you thought the limit was 70 ?

would any of those assumption get you off the speeding charge if the signs clearly indicated the speed limit on the road you actually used and were there to be read ?

in future , ALWAYS , ALWAYS , ALWAYS check the signs because these parking scumpanies are everywhere and their terms and conditions vary a lot, even for the same car parks, so what might apply at one asda doesnt mean it applies in every other asda , nor at tescos , morrisons or your local retail park or hospital or surgery

the differences on private car parks and train stations and airports etc are so different that the only assumption to be made is that it is unique on each and every car park or private road and so must be checked on the day itself each and every time

hurtbuyer

What stage of the process are you in? Defence or Witness Statement?

You could read this document of BPA to see if you can use any of the clauses to create a line of defense.

https://www.britishparking.co.uk/write/BPA_AOS_CODE_OF_PRACTICE_CURRENT.pdf

Redx

I believe the OP is either at the DEBT COLLECTOR stage of letters , or at the LoC stage , but hasnt yet received an N1 form, so isnt at the defence or WS stage , yet