Stupidly ignored parking charge notice- hearing today update

KeithP

So today you have made twelve posts, so far.

What exactly are you trying to tell us?

It might be an idea to delete those twelve posts and just add one new post with something pertinent in it.

Cbay27

I have realised today that the original pcn was for overstaying not for not paying at all. So at the last minute I need to alter my ws to reflect this, it’s due tomo by 4pm. I am asking what my best course of action is, do I have much chance now if I rely on pofa and signage alone to show that they cannot demand more than £100. I can either do this and be upfront that I misunderstood the pcn, or not go through with it at all and pay. 

And if I go ahead does what I have written above sound any good
Would the payment for ring go come up as the exact place of parking or could it be the Exeter payment after all? In which case it was £6.30 so enough for 3 hours 40 mins parking 

I apologise for the 12 posts, I think I have aged 10 years this afternoon

Coupon-mad

Yes add all of that except that you can’t see a bank payment to Ringgo.  Maybe you paid in cash or on a different card.  If they are saying you paid then you paid. 

How long is the alleged overstay?  Add in stuff about grace periods from their Code of Practice, if it’s only minutes.

Cbay27

1.     I was under the impression that the original PCN was stating that I had not paid for the whole period of parking, ie, not paid at all. According to the claimant’s witness statement they are claiming I overstayed as they have a record of my paid ‘permit’ of 3 hours. This evidence was omitted when I requested a subject assess request. I have evidence of a payment of £6.30 from my bank account registered as RingGo Exeter on the 27th August 2019. I am unsure if this is the payment or if I indeed visited Exeter that day. As it was 3 years ago I am unable to recall. Please see appendix ? for my bank statement from this time. If infact this is the payment then the amount of £6.30 is more than enough to pay for 3 hours and 40 minutes of parking, as you can see from the signage (Appendix ?). Regardless of whether I overstayed or did not pay at all, the sum cannot exceed £100 as per the signage (in very small print) and according to POFA.

Is that better?

Cbay27

The overstay is 40 minutes so can’t really include that 

Not_A_Hope

Looks to me like the sign they have sent you shows it cost £6 for 4 hours of parking. I suspect the £6.30 you paid on Ringo included 30p for their cut. Therefore you didn't overstay if you left after 3hrs 4O mins

Le_Kirk

This evidence was omitted from the response by the parking company after when I requested submitted a subject assess request. 

You don't request a request, you submit it.  Also make it clear to the judge that it was omitted from the data supplied to you when they responded to your SAR.

Cbay27

So judgement day is looming and I'm sorting my cribsheet.
Just reading again the thread re telephone hearings. My letter doesn't say ''it should be assumed that the Judge will NOT have access to the case file'. so I therefore presume my judge will have my defence and WS. Just checking I don't need to liaise with the claimant regarding a bundle for the judge to see?
TIA

Redx

Assume that the judge has everything , unless it's specifically mentioned that they don't

If the court orders don't say that the claimant must provide a mutually agreed bundle , then assume that each party submits their bundle to both the court and to the opposition

Coupon-mad

The ‘telephone hearings’ thread was written during lockdown when Judges were working from home with little access to documents and court emails. 

If you emailed your WS and evidence and costs assessment to the local court and claimant’s solicitor, then you can now assume they got it.