County Court Papers / Smart Parking

Coupon-mad

Looks good. 

If the driver has never been admitted I would throw in that it's been clear since the first Notice to Keeper arrived that Smart Parking cannot rely on the POFA and thus, you have no liability and nor can any presumption be made about a keeper being the driver on an unremarkable day years (or months?) ago.

Append a copy/screenshot of parking law expert barrister Henry Greenslade's article 'UNDERSTANDING KEEPER LIABILITY' from the POPLA Annual Report 2015, and provide a link.  Even if it wasn't in your exhibits before, add it now anyway because it's not news to a BPA AOS member and is not in any way an ambush to rely on an article written 5 years ago by their own Trade Body independent appeal Lead Adjudicator in the official annual report.

Beechy74

Coupon-mad said:

Looks good. 

If the driver has never been admitted I would throw in that it's been clear since the first Notice to Keeper arrived that Smart Parking cannot rely on the POFA and thus, you have no liability and nor can any presumption be made about a keeper being the driver on an unremarkable day years (or months?) ago.

Append a copy/screenshot of parking law expert barrister Henry Greenslade's article 'UNDERSTANDING KEEPER LIABILITY' from the POPLA Annual Report 2015, and provide a link.  Even if it wasn't in your exhibits before, add it now anyway because it's not news to a BPA AOS member and is not in any way an ambush to rely on an article written 5 years ago by their own Trade Body independent appeal Lead Adjudicator in the official annual report.

Thanks Coupon-Mad. Yeah unfortunately the driver has been admitted. The Driver had already done this a while ago but the evidence he has, means he was the driver anyway. With it being a Taxi job, you must name the driver on the recorded job. Heres hoping the evidence alone will be good enough. I'll try upload everything later.
Again, thanks for your time everybody. 

Beechy74

Ive attached some files nearly ready to send. The draft order is in PDF but obviously it will be sent in Word format.
Cheers

Umkomaas

I've not read all through this, but I'm not sure how that final file 'EVidenceHotel' helps you. If you think it does, then I won't argue. 

Coupon-mad

Your thread tells us this is Smart Parking; are you sure? 

Why is the DRAFT ORDER headed 'Premier Park'...which is it?

Beechy74

Coupon-mad said:

Your thread tells us this is Smart Parking; are you sure? 

Why is the DRAFT ORDER headed 'Premier Park'...which is it?

Its Smart Parking. Theres a few bits not edited yet but they will be. I just wanted to get an idea i was on the right track with them all. That they made sense and not just a load of nonsense mashed up.

Beechy74

Umkomaas said:

I've not read all through this, but I'm not sure how that final file 'EVidenceHotel' helps you. If you think it does, then I won't argue. 

Hi, yeah i kind of agree. The reply from the Hotel was a little vague and dissapointing. They were asked several times for more clarity but it never came. I suppose it is an admission from the Hotel they do exempt Taxis. Would you advise not to use it?

Umkomaas

Beechy74 said:

Umkomaas said:

I've not read all through this, but I'm not sure how that final file 'EVidenceHotel' helps you. If you think it does, then I won't argue. 

Hi, yeah i kind of agree. The reply from the Hotel was a little vague and dissapointing. They were asked several times for more clarity but it never came. I suppose it is an admission from the Hotel they do exempt Taxis. Would you advise not to use it?

OK - understand the reason now. You may have already covered this earlier in the thread, but how would you respond to the Judge asking you why your VRM wasn't 'inputted manually'?  

Does any of the PPC signage cover the instructions to taxi drivers of a need to input their VRM?  Do they need to do it each time they pick up a fare, or once inputted, the vehicle is then placed on a whitelist?

D_P_Dance

If the hotel will not co-operate, consider writing bad reviews on Facebook, Trivago, TtiipAsvisor, hotels,com, booking.com et al.  

Beechy74

Umkomaas said:

Beechy74 said:

Umkomaas said:

I've not read all through this, but I'm not sure how that final file 'EVidenceHotel' helps you. If you think it does, then I won't argue. 

Hi, yeah i kind of agree. The reply from the Hotel was a little vague and dissapointing. They were asked several times for more clarity but it never came. I suppose it is an admission from the Hotel they do exempt Taxis. Would you advise not to use it?

OK - understand the reason now. You may have already covered this earlier in the thread, but how would you respond to the Judge asking you why your VRM wasn't 'inputted manually'?  

Does any of the PPC signage cover the instructions to taxi drivers of a need to input their VRM?  Do they need to do it each time they pick up a fare, or once inputted, the vehicle is then placed on a whitelist?

No, theres no signage. Its a pretty shoddy set up really. Maybe the Hotel try to make it as difficult as possible. Im sure they wouldnt, though......
If the Judge asked why it wasnt inputted manually, i guess the response would be that its the Hotel that inputs the registration. Most Hotels have a key pad but this lot dont (or didnt) The Driver can only hand in his registration your honour and trust the Hotel to do the rest.