PCN

Fruitcake

I forgot to mention, Planning Permission can be granted retrospectively but Advertising Consent cannot.

MistyZ

Is this the car park near Conisburgh Castle?  The one that English Heritage effectively advise visitors to avoid ...
https://www.english-heritage.org.uk/visit/places/conisbrough-castle/plan-your-visit/directions/

It'd be interesting to see what Excel have said about owning the car park.  I'm sure they'd like to own it but find it hard to believe that they do.  It's important to know who the landowner is, if it isn't Excel then a landowner complaint could be one way to go with this right now.  

What was the alleged infraction?

Redx

I do not believe that Excel own the land , any or either , yes they may manage the land but they are not in the business of being a landowner , but it's possible they may lease it

A PCN is an invoice , nothing more , so nothing makes it invalid , but in court a judge may strike it out as unenforceable if details such as location are incorrect

The IPC and IAS are a waste of space , kangaroo court , the newbies thread tells you this , no point in arguing with a dead kangaroo , or a sc#mmer for that matter , they just twist the words to suit

POFA doesn't apply if the driver was identified , plus Excel do not or did not comply with POFA , so if they did it can only be recent , but irrelevant if somebody blabbed about who was driving

Court is the place to argue the legal points, with a judge as referee

Trudy1970

removed site compromised

Fruitcake

Is this the place?



I can't zoom in enough to read the sign, but it does have the Excel logo.

Fruitcake

Can you show us the PCN/NTK with personal data redacted? Upload the image(s) to a web hosting site such as postimage, tinypic, dropbox or similar then paste the URL here, but change https to hxxps. Someone here will change it back to a live link.

Trudy1970

Hi Fruitcake
Yes the excel logo is on there - the site signage dipicts DN12 3BX - but the invoive states DN12 3HH. 
The picture you have there is so old - they have erected new signage on the right hand side.its about 10ft tall. 
The basis of the appeal my son put through was the fact he couldn't buy a ticket because the servoce they provide to purchase a ticket wasn't working and the hlepline being its usual helpful; self and not answering - he supplied details of the numerouos calls he made to both numbers which took up the 5 minutes grace period, the only reason he was in there was because his car had started pluthering smoke and loosing power ( later found to be the fuel line). He managed to get that resolved 05/06/20. They dismissed the garage invoice as and said 

The appellant's invoice dated to 05 June 2020 has not been demonstrated to have been linked to events alleged to have occurred on 30 May 2020 and as such does not mitigate the charge. The repairs to the vehicle could have been carried out relating to an incident on any other date between 30 May 2020 and 05 June 2020.

So they say the contravension was because he said beyond the grace period - without purchase of ticket - his defense was he couldnt buy a ticket because the facility to buy one wasn't working and he could'nt get through. The signal for the internet was too low for him to access the internet site they refer you to on the auto help line but the helpline is meant to be manned 24hrs and they didn't pick up either.
There using the payphone data as evidence that the service was working -but that only shows purchases made approx 1 hour before he entered and then no more purchaes until 11.30am the following day. TYhey don't address the fact the service was unmanned but blame him for not emailing them = he couldnt email because of the low internet signal.
Hence my effort - I saw that it ws the wrong address on the PCN and didn't think it was enforceable

Trudy1970

Fruitcake  - Having a go at upload now - 

Fruitcake

It looks like there are two car parks. One at the top of the hill may be within the DN12 3HH post code area off Castle Street. It appears to be in the castle grounds for the use of disabled motorists only with no evidence of Excel signage in 2019 on GSV.

The other car park is at the bottom of Castle Hill as per my previous picture post. It is difficult to tell whether the lower car park is in the DN12 3BX post code area which appears to include the castle grounds.

I suspect there is no mileage in the planning advertising consent issue. A judge may well say they are so close together or overlap that it doesn't matter.
Only the council planning department will be able to tell you if the lower car park has planning/advertising consent approved. It won't hurt to ask them anyway, but don't pin your hopes on it.

Find out who owns the lower car park. Start with English Heritage as suggested by MistyZ, and also ask the council who pays the non-domestic business rates. This may be available to search on the council's website as a spreadsheet.

If it goes to court and you still haven't identified the landowner, pay a few quid to obtain a copy of the Land Registry entry.

Other than the complaints already mentioned, you are now in ignore mode unless you get a court claim in the next six years.

Trudy1970

Hi Fruitcake = please see attached