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Fine for entering wrong vehicle reg

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1121315171826

Comments

  • familyguy321
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    Thanks MistyZ for the response.

    Yes, I have the facts but it's the framing I will need help with - I don't want to make a glaring error like I did on the POPLA appeal. What's the usual timeframe for the case to go to court? Just trying to get an idea of how much time I will have to get everything in order.
  • familyguy321
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    Umkomaas wrote: »
    Impossible to answer I'm afraid. Court is a lottery. Much will depend on the case the claimant puts forward, how good a defence you make, how things are presented by you and the claimant at the hearing, and which side of the bed the Judge got out of that morning.

    What I would say is that most court cases where the forum assists throughout the pre-hearing processes are successful. But no one here will second guess a Judge.

    Hi Umkomaas,

    Thanks for the honest reply. Could you give me an idea of what are the typical things included in a good defence so that I can start working on gathering the information.
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    Yes, I have the facts but it's the framing I will need help with - I don't want to make a glaring error like I did on the POPLA appeal. What's the usual timeframe for the case to go to court? Just trying to get an idea of how much time I will have to get everything in order.

    The 'glaring error' .... i.e. you did not heed specific advice re. landowner authority. Yet that advice was repeated 3 or more times by different people!

    I am so not having a dig, truly I'm not. Just pointing out that you did get that advice which bodes well for the support you'd receive at the court stage, which frankly always seems excellent to me. And you're more careful now, too.

    They have 6 years to decide whether to take this to court. But even if they hot foot it, you'd have plenty of time to prepare.
  • Le_Kirk
    Le_Kirk Posts: 22,331 Forumite
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    Did you bump for advice on the letter to John Gallagher or for advice on defence? If the former, it looks good, if the latter, go to NEWBIE sticky post # 2 and read the 17 pre-written defences, pick the one that most closely matches your circumstances and add anything else from the POC that you dispute. Also, and this advice was posted by Coupon-mad yesterday, pick out some key words in your defence and/or in the POC and, using the Search this Forum function, Advanced Search, put those words into the Keyword(s) search box and defence, change the radio button from Threads to Posts and read the posts it produces. For example if the main thrust of your defence is that you bought a ticket put "bought ticket defence" into the box and for more accurate responses add the name of the PPC in there as well.
  • familyguy321
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    MistyZ wrote: »
    The 'glaring error' .... i.e. you did not heed specific advice re. landowner authority. Yet that advice was repeated 3 or more times by different people!

    I am so not having a dig, truly I'm not. Just pointing out that you did get that advice which bodes well for the support you'd receive at the court stage, which frankly always seems excellent to me. And you're more careful now, too.

    They have 6 years to decide whether to take this to court. But even if they hot foot it, you'd have plenty of time to prepare.

    Hi MistyZ,

    Don't get me wrong, I have accepted responsibility for the error and will definitely be more careful. I really appreciate the advice everyone on this forum has given me so far which I know is all done on a volunteer basis.

    FG
  • Umkomaas
    Umkomaas Posts: 41,401 Forumite
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    Hi Umkomaas,

    Thanks for the honest reply. Could you give me an idea of what are the typical things included in a good defence so that I can start working on gathering the information.

    The NEWBIES FAQ sticky, post #2, with major inputs from legally qualified posters, has links to a number of successful court defences. The posts by 'bargepole' in which he gives examples of concise defences are particularly appropriate. A defence is not a rambling tale, nor is it an opportunity to take a rant at the PPC and/or their solicitors.

    The more you do your research on successful defences (I wouldn't advise reading any much older than 12 months - although the sticky may have some important ones linked which are a bit older) the more confident you will be and the easier you will find it to put your first draft together.
    Please 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 Street
  • MistyZ
    MistyZ Posts: 1,820 Forumite
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    Don't get me wrong, I have accepted responsibility for the error and will definitely be more careful.

    Exactly, that's what I meant. It's obvious you're wiser now and therefore ready for the next stage if you decide to fight on.
  • Mappy3333
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    My partner is currently being pursued for a similar issue (incorrect registration entered), although we do have the ticket from that date. Our court date is set for Tuesday 10th September. I will let you know how we get on.
  • familyguy321
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    Mappy3333 wrote: »
    My partner is currently being pursued for a similar issue (incorrect registration entered), although we do have the ticket from that date. Our court date is set for Tuesday 10th September. I will let you know how we get on.

    Hi Mappy, did your partner use the same car park in Leicester?
  • Westy64
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    Hi.
    I am in a similar position - entered the wrong reg no for a ticket on a railway car park run by Saba.
    First - establish what type of land you were on. Don't be phased by threats and official looking "fines". Their only recourse if on private land is breach of contract through the small claims court. As mine was on railway land, I can be taken to magistrate's court but will still fight all the way to court and appeal if necessary. Whatever the outcome, receiving a parking fine is not a crime.
    Follow their appeal process. Quote the following legal precedent: Parking Eye Ltd vs Heggie. You should be able to download the full transcript at: nebula.wsimg.com/bae7471710c27d4d03bc22c4486bd258?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1[/url]
    You may enjoy reading the judge's summing up - as I am looking forward to reading it out if I get my day in court.
    All the best.
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