Waitrose, BW Legal, Britannia Parking, John Lewis Legal team

KeithP

How did this thread get to ~150 posts?

Umkomaas

This thread is in danger of suffocating in its quagmire of detail. Important information is being missed, and that doesn’t bode well if this does get to court - and with multiple tickets, that’s more likely - when crucial information and advice will be in play.

Over 150 posts in the space of just 48 hours must be a rather painful record for this forum!

BS_Newbie

KeithP wrote: »

How did this thread get to ~150 posts?

Because so many extremely helpful people have provided excellent answers to questions, suggestions, advice, pointing out errors etc and I have tried to reply to each person as I am hugely grateful to every one for their help

BS_Newbie

Umkomaas wrote: »

This thread is in danger of suffocating in its quagmire of detail. Important information is being missed, and that doesn’t bode well if this does get to court - and with multiple tickets, that’s more likely - when crucial information and advice will be in play.

Over 150 posts in the space of just 48 hours must be a rather painful record for this forum!

Rest assured Umkomaas - I am not suffocating in the quagmire of detail - - I have a very clear idea of the end goal and nothing will be missed out - I will see to that. - .I am a very analaytical person (I have to be in my professional capacity which is why the RK has asked me to help them) and believe me there will be nothing missed that has to be included in written correspondence and heaven forfend in a defence if one is ever needed to be submitted (which thanks to you and the other excellent members of thus forum I am confident it may not get that far)

I have copied and pasted every single recommendation into a file against each relevant party that needs to be communicated with and I am now reading every single post again to ensure that nothing vital has been missed.

I have already started to gather the relevant data from defences that have been won before that are listed on this forum for the same issues (as I am aware this situation is by no means unique) and I prefer to have a belt and braces approach. Thankfully I have the time to work on things like this even though I am a total novice in this world (although my knowledge on these matters has expanded considerable in the last 48 hours .

Now that the urgent emails have been prepared well in advance of the deadline of the 11th I can turn my attention to the not so urgent ones .

The RK is overwhelmed also at the help I have been given as they were panicking and is also as grateful as I am for the avalanche of help I have been given .:T:T:T

NeilCr

BS_Newbie wrote: »

Because so many extremely helpful people have provided excellent answers to questions, suggestions, advice, pointing out errors etc and I have tried to reply to each person as I am hugely grateful to every one for their help

And that's very nice of you to say so

:beer::beer:

But, I do think that, as I said earlier, if you slowed down a bit and took a breath quite a lot of these posts would have been unnecessary. I know that you have the 11th April in your head but stepping away from the keyboard and having a cuppa (or a glass of wine if you were in my house!) would have given you time to focus and think about the advice you have had - and read back over the thread.

Please do do this going forward as, as Umkomaas says, there must be a good chance of this going to court with multiple tickets and repeat offending (even after receiving tickets).

You'll need this forum even more and the knowledgable regulars here are overwhelmed already. You don't want to burn them - and yourself - out

BS_Newbie

NeilCr wrote: »

stepping away from the keyboard and having a cuppa (or a glass of wine if you were in my house!) would have given you time to focus and think about the advice you have had - and read back over the thread.

The latter is happening this evening but will be more than one glass of wine !! :beer:

Please do do this going forward as, as Umkomaas says, there must be a good chance of this going to court with multiple tickets and repeat offending (even after receiving tickets).

You'll need this forum even more and the knowledgable regulars here are overwhelmed already. You don't want to burn them - and yourself - out

I absolutely do not wish to burn myself out or more importantly anyone on this forum and to be honest I really was taken aback at the sheer volume of excellent people responding - incredibly overwhelming compared to experiences I had on certain other forums - my expectation levels were set very low indeed -

rachity

For the 2016 ones, if they made a lot of noise at the time, but then fell silent up until recently, you could add the doctrine of laches to your defence/argument.

BS_Newbie

rachity wrote: »

For the 2016 ones, if they made a lot of noise at the time, but then fell silent up until recently, you could add the doctrine of laches to your defence/argument.

Thanks for that rachity - I am familiar with this doctrine of Laches in property and real estate cases but not in respect to parking and it hadn't occurred to me that it may be applicable.

I think it may work on the grounds that BP could have started the proceedings back in 2016/17 and why have they waited this long.

also I am sure that it could be argued that the RK has been prejudiced if for example BP don't have the pictures of the parking signs as they were in 2016 when they then changed them in 2017 (thanlfully the RK has pics!!!) This could be seen as benefit to the RK if they had kept the pictures but they have lost or destroyed them as the RK would then not be able to prove to a court just why the signs were non compliant with BPA COP for example.

Also it will be interesting to see if they are able to produce any letters on their books that the RK wrote to them in the past . I know the RK did send several which never received a reply. The SAR will be interesting if they actually bother to respond to it

Also the likelihood is that there will be no pics of the start time for the parking event for each PCN so this is also prejudicing the RK

So I am sure this could work very well in a defence (if we get to that stage )

I don't know if there is a maximum time in which the PPC has to be able to still chase the debt. I had heard it was 6 years but not certain. in which case Laches may not be able to be used.

I am heading out just now but will research that later -
Does anyone else know if there is a time limit after which time the PPC cannot chase the payment

beamerguy

Does anyone else know if there is a time limit after which time the PPC cannot chase the payment

6 years in England and wales, 5 years in Scotland

BS_Newbie

I have a quick question - does the RK in their SAR to BP ask for the list of all Parking Charge Notices BP consider are outstanding against them or not ? - let me briefly explain what happened last night .

The RK wasnt able to start to read the emails I had prepared until last night and when they read the SAR request they became extremely worried about one of the points which asks for a list of all Parking Charge Notices BP consider are outstanding against them. This is worrying the RK a lot as they feel that by asking for this it could be stirring up a hornets nest if there are any other PCn's that they have which they haven't mentioned and they dont know if there are any others.

My view on this is that it is better to have this list if there are any other PCN's outstanding so that each one can be examined to show where they don't comply with POFA for example.

the SAR does ask for them to produce copies of all Data and or Documents they hold mentioning the RK's or any details relating to the RK including but not limited to :- vehicle registration, contact details, PCN numbers all photos taken etc.

This would then show everything they have but my view is that this would not then give the RK any idea if BP consider any other PCN's to be outstanding (apart from the 5 listed currently) that they may try to chase the RK for at a future point in time .

Apparently the RK had a terrible nights sleep last night over this and was also worried that by not naming the driver this may be seen as contempt of court. I have been able to explain why that would never happen as it is their legal right not to name the driver .

So we are pausing over the weekend as the deadline is the 11th and wisdom from those far more experienced than me would be very much appreciated.