Differing Tariff Information

Jomot

Hi all

A valid LBC has already been received meaning court papers shouldn't be too much longer, so I'm planning my defence etc now to avoid a panicked melt-down once that happens.

The claim will be for not purchasing a ticket. The main defence will be that I wasn't the driver (I wasn't, and its a non-POFA NtK) and dreadful signage. I have evidence to support both, but on the off-chance that neither of those go my way I'd appreciate thoughts and comments on another point.

I also have proof that differing tariffs were displayed on site on the relevant date, but as no ticket was purchased I'm not quite sure how I'd argue it.

A 2015 thread concluded that CCR 2013 doesn't apply to car parks with a ticket machine, so is it simply a case of no clear offer means no obligation on the driver to attempt to accept?

I've tried to find threads where this has been covered before but couldn't, so apologies if it has.

Umkomaas

I also have proof that differing tariffs were displayed on site on the relevant date, but as no ticket was purchased I'm not quite sure how I'd argue it.

I don't think you have anything to argue if a ticket wasn't purchased, different tariffs is no form of defence. Best you find others defence points.

The main defence will be that I wasn't the driver (I wasn't, and its a non-POFA NtK) and dreadful signage.

All of the above are potentially very powerful defence points. You need to have your head around the intricacies of the PoFA issue on non compliance. Can you elaborate on that now for us, as a starter for ten. You may well have to go through it quite pedantically with the Judge - not all of them are aware of the nuances.

Us knowing which parking firm might help with guiding you further.

EDIT TO ADD

I note you have a number of other posts about parking charges. Which one(s) does this relate to, and why haven't you asked the question on the relevant thread. It causes so much confusion when queries relating to other previous inputs are randomly opened via a new thread in isolation. We cannot chase around the forum trying to make links. The forum is just far too busy.

Jomot

Thanks for the reply.

None of the other threads you mention are mine, hence the new thread.

Re the POFA issue, its the 'we may pursue you (the keeper) on the assumption that you were the driver' one.

I've been reading for a good few weeks now so I'm fairly confident on arguing the key points on POFA and signage, but I'm still trying to firm up the 'extras'.

Coupon-mad

I also have proof that differing tariffs were displayed on site on the relevant date, but as no ticket was purchased I'm not quite sure how I'd argue it.

I suppose you could argue that using the contra proferentem doctrine. Search the forum if you've not seen that before in a defence.

Jomot

Thanks C-m,

I didn't immediately recognise it, but having searched the forum I remember having seen it suggested in a few other circumstances. Thinking of my own capabilities though I'm not sure I'd be able to argue that one too well, in fact I probably couldn't even pronounce it !

Do you think its worth including in the WS though? I have the PDT info so I know that 50% of the tickets issued were at the wrong (higher) tariff, so they're scamming money they aren't entitled to by displaying a higher price than the true one, but still not investing in decent signage or lighting, meaning they then get to scam the motorists who don't know its a P&D car park because the signage is so abysmal. And that's before the extra £60 they stick on for refusing to give into the scam.

The idea of court terrifies me, but that's what they play on so I'm determined to see it through.

The_Deep

Re the POFA issue, its the 'we may pursue you (the keeper) on the assumption that you were the driver' one.

They would struggle in court, especially if they were relying on Elliot v Loake.

https://www.parkingcowboys.co.uk/elliot-vs-loake/

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.