Eurocarparks CST law LBA SAR no response

BrownTrout

nosferatu1001 said:

OK, then dont tell them, and you will get a court claim anyway, and you will then have to show them your defence straigth away. So,what do you gain?

Fellow the advice of this "sage" I will refrain from using the full "old sage" term

judrop500

What do I gain?

nosferatu1001

If you dont respond then you have broken the PAP so you can look unreasonable. For some judges that results in you getting an "unreasonable costs" award AGAINST you
It shows that you are cooperating, and starts to build a case that the claimant is unreasonable. 
And so on. 
Continue to argue if you want, I will not say anything again. 

judrop500

Ok thank you - I didn't know that - I'm not a legal expert - hence why I am here. Is not being the driver a reasonable defence? The photos they have sent me are of the parked car, sometimes in the dark, or on entry / exit but are of poor quality.

nosferatu1001

Its only a defence if they failed to follow POFA2012. Did they? Pretty sure ECP have managed compliance for a while now, but you are the one with the paperwork. 
Obviously there are other defences. Have you read any of the newbies thread yet, tos ee that poor signage is of course a defence? 

judrop500

I have read the newbies thread. What am I looking for in the signage? How can I demonstrate the signage I saw in 2017 vs what's on site now?

nosferatu1001

The signage the driver saw...
You prove it the same way witnesses have proven things since time immemorial> their testimony. Of course, additional eviedence - such as google street view and going through different timelines, getting them to supply you with the pictures they took that day which may show signs etc - all help. 
Youve read all of it, really? The entire thing? 
Youre looking for the obvious - is the signage large and prominet? How about the amount of the PCN - buried in small text? Etc. The sign is the onlyu means they have to convey any *contract* to the driver. Think about what this means a sign MUST do. 

judrop500

Ok well this car park is well known for having crappy signs, and I have previously posted a link to photos from 2018 that someone else uploaded (apologies, completely forgot).
So in my reply, I'm simply stating:

I am now writing to provide my formal Response as follows:

The defendant disputes the claimant's claim in full. The dispute is that the signs in this car park were not prominent, clear or legible from all parking spaces and there is insufficient notice of the sum of the parking charge itself.

I take this opportunity to remind you that your company must comply with ALL steps in the Practice Direction before starting court proceedings. I also refer you to paragraph four of the Practice Direction on non-compliance and sanctions.

Do I need to add anything else? Do I need to send the photos at this stage?

I have read the whole NEWBIES thread - this is not my first rodeo, but I don't have it committed to memory ;-)

judrop500

Hi everyone. So I replied as suggested stating that my defence will be on signage, and I have heard no response from CST. That was in February and we are now in September. The problem I have now is that I will hopefully be moving house soon. I will set up forwarding post, but the maximum it’s possible to forward post is three months. Should I send another letter to CST with my new address? Or do I stay quiet? 

Ralph-y

try google maps / street view ...

  1.    Drag and drop the yellow ‘Pegman’ onto the desired street. (To do this, left click on the yellow man at the bottom right of the map and, keeping the mouse button held down, drag him across the screen, only letting go when you are on top of the road or place you want to look at. If it doesn’t work for you the first time you will need to try again!).
 2.    When the man lands, the map changes to show you street imagery, and a dark grey box appears at the top left of the map.  Click the tiny clock symbol in the dark grey square – see screenshot below.
 3.    Use the slider that appears to go further back in time, then click on the small map above the slider. Street View will then show you historical views. You can change the year by clicking on the slider again. You can also navigate your way around Street View just as you would in a more up-to-date map.
 4.    To exit Street View, click the back (left) arrow in the original dark grey box.
 5.    N.B.Historic imagery isn’t available for everywhere in Street View.

Ralph