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I hate myself for getting into this mess again

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Comments

  • Umkomaas
    Umkomaas Posts: 43,877 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    2,599 characters - too many.

    Download a free word count app so you can have an accurate count at your fingertips.
    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
  • PE are allowed to submit numerous pdf files with pages and pages of words... And I'm here taking out full stops and commas to skimp and scrape the character count... !!!!!! like hahaha
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Dianna67 wrote: »
    PE are allowed to submit numerous pdf files with pages and pages of words... And I'm here taking out full stops and commas to skimp and scrape the character count... !!!!!! like hahaha
    And when you filed your PoPLA appeal you were allowed to submit numerous pdf files with pages and pages of words... ;)
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    PE have not provided a signed contract with the landowner, or signed statement therefore they have not proven that they have authority to operate on this site and issue PCN's.
    If PE sent NOTHING and you raised landowner authority in your appeal, you'll win anyway!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Fingers crossed
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 23 December 2019 at 11:29PM
    Dianna67 wrote: »
    That last paragraph can be removed, as I referred to it in my original POPLA submission... I just added it to remind them to consider those points. If you feel its just repetition, then I'll take it out

    you are commenting on their evidence pack , not repeating your appeal


    all that waffle about grace periods should have been in the popla appeal, just comment on where they failed it in their pack, not restate your appeal
  • Full and final and submitted: I'll report back on the outcome... I hope your are all getting everything you've asked for from Santa, you all sure as hell deserve it x thanks a million x

    PE have not provided a signed contract with the landowner, or signed statement therefore they have not proven that they have authority to operate on this site & issue PCN’s. The small print on the sign images they provided can't be read. PE claim to offer a grace period but fail to specify what it is, or the grace period allowed by the landowner
    The original PCN & case detail on page 12 of their evidence says that my total time in the car park was 4 hours 10 minutes. The alleged 10 minute overstay falls within a reasonable grace period allowed at the start & end of my stay
    PE state that clause 13.4 of the BPA CoP does not mean that a second grace period must be given and that only one grace period ought to be applied. This is a breach of the BPA CoP which sets out 2 grace periods
    The 1st grace period applies as per clause 13.1 13.2 & 13.3. Under these clauses I entered the gravel site which has no floor markings, it was chaos navigating around other cars & coaches. I found a parking space, located the nearest sign, noted the tariffs tried to read the Ts&Cs, logged onto the website, obtained my login & password, entered the location code, selected my required parking time, returned to my car, obtained my card & input my payment details & figuratively speaking pressed the green button
    The 2nd grace period is detailed under clause 13.4 which grants me time to leave the site. On 30/07/15, it was agreed by the BPA members & stakeholders that the minimum grace period would be changed in 13.4 of the BPA CoP to read a minimum of 11 minutes. If the BPA feel a minimum of 11 minutes is a reasonable time period to leave a car park after a period of parking, it stands to reason that at least the same period of time is reasonable to also enter a car park. Therefore the alleged 10 minute overstay in my case should reasonably be considered part of the 2 grace periods, it was rush hour & the car park leads onto one of Liverpools most congested roads with ongoing roadworks and queues
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    seems to be 6 over now . you are lucky it went in , unless it missed off the last few words
  • Yes, I typed the last few words directly on their form. I feel a weight has been lifted off my shoulders :-)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    Dianna67 wrote: »
    Full and final and submitted: I'll report back on the outcome... I hope your are all getting everything you've asked for from Santa, you all sure as hell deserve it x thanks a million x

    PE have not provided a signed contract with the landowner, or signed statement so not proven that they have authority to operate on this site & issue PCN’s. The small print on the sign images they provided can't be read. PE claim to offer a grace period but fail to specify what it is, or that allowed by the landowner
    The original PCN & case detail on page 12 of their evidence says that my total time in the car park was 4 hours 10 minutes. The alleged 10 minute overstay falls within a reasonable grace period allowed at the start & end of my stay
    PE state that clause 13.4 of the BPA CoP does not mean that a second grace period must be given and that only one grace period ought to be applied. This is a breach of the BPA CoP which sets out 2 grace periods
    The 1st grace period applies as per clause 13.1 13.2 & 13.3. Under these clauses I entered the gravel site which has no floor markings, it was chaos navigating around other cars & coaches, found a parking space, located the nearest sign, noted the tariffs tried to read the Ts&Cs, logged onto the website, obtained my login & password, entered the location code, selected my required parking time, returned to my car, obtained my card & input my payment details & figuratively speaking pressed the green button
    The 2nd grace period is detailed under clause 13.4 which grants me time to leave the site. On 30/07/15, it was agreed by the BPA members & stakeholders that the minimum grace period would be changed in 13.4 of the BPA CoP to read a minimum of 11 minutes. If the BPA feel a minimum of 11 minutes is a reasonable time period to leave a car park after a period of parking, it stands to reason that at least the same period of time is reasonable to also enter a car park. Therefore the alleged 10 minute overstay in my case should reasonably be considered part of the 2 grace periods, it was rush hour & the car park leads onto one of Liverpools most congested roads with ongoing roadworks and queues


    more waffle removed , just so you get the idea even more , plus I have no idea why all that statement about parking and paying and negotiating hazards etc is in a rebuttal, it should be in the popla appeal , the rebuttal rebuts the evidence pack, not reiterates the appeal, but lets hope it focuses the assessors mind through groundhog day
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