Help! DEFENCE due

Castle

It's advertising consent which is far more important in order to comply with the control of advertisements regulations of 2007:-
https://www.legislation.gov.uk/uksi/2007/783/contents/made

BaftyCrastard

Food for thought....if Bank Park don't have planning permission for the ANPR cameras, how can they prove I was even in the car park? Surely if there is no council record of any cameras being on the premises (which is legally required) then all they have is a picture of my car with a time stamp. There is no location or GPS tracker evidence. It's the equivalence of them walking down the road and photographing 20 different cars on their phone surely? Therefore the photos can't be used as evidence...

Le_Kirk

But they will have planning permission, maybe not now but you can bet by the time it gets to the hearing, they will have been granted retrospective planing permission.  As @Castle states it is advertising consent that will help you (if at all) and that cannot be granted retrospectively but courts don't seem to care.

BaftyCrastard

Le_Kirk said:

But they will have planning permission, maybe not no but you can bet by the time it gets to the hearing, they will have been granted retrospective planing permission.  As @Castle states it is advertising consent that will help you (if at all) and that cannot be granted retrospectively but courts don't seem to care.

I think my main defence other than abuse of process, is that the old signage from ECP was still up at the time. The only issue is I can only evidence this up to May 2018 and not September 2018 (when the PCN was issued). If planning permission wasn't sought or isn't required then I don't have a way to prove the signs weren't there.

Le_Kirk

Your evidence comes later at Witness Statement stage, so just concentrate on honing your defence (i.e. adding in the essential bits to paragraphs 17 & 18 that give the judge the story and refute the POC) and you will then have time to carry out further research about the signs in the car park.  Google street view has the ability to be wound forward and backward (assuming they took update photos at the time you are looking at!)

Fruitcake

Signage requires Advertising Consent in accordance with The Town and Country Planning Act, not Planning Permission. You will need to check whether permitted development covers advertising consent. Not having it is a criminal offence, but only the council can pursue it. Advertising Consent cannot be granted retrospectively.

BaftyCrastard

So just a quick update on this one. I've sent everything off and been allocated a court, just waiting on a hearing date. The council planning also came back to me following a FOI request and said they "have no records of any permitted development enquiries in relation to The Market Shopping Centre, Victoria Street, Crewe CW1 2NG between the dates of 01/01/15 and 01/01/2019." Which I guess means unless Bank Park can show proof that they had the new signage in place at the time, they really haven't got a leg to stand on? 

D_P_Dance

I am inclined to agree.

nosferatu1001

Youd think so, but you seem to think the law is full of Gotcha! style moments. It isnt. 

You put them to proof that they had their signs up and when. You point out that at the time it had x signs up for y company, here is GSV from a couple months earlier. 

BaftyCrastard

So my court hearing (by phone) is set for the 23rd Feb and court fee was due yesterday. I received a call from DCB Legal today to offer mitigation, which I rejected (I see no reason to accept). I'm assuming they've paid the court fees. I've pretty much finished my Witness Statement which I'll post here too. What is the likelihood of the case being dropped at this stage of proceedings or is it common that it will now result in a hearing? Either is fine by me, but it's just so I can know what to expect. Thanks