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PCN for leaving site

A family member has received a NTK for a PCN in relation to the driver allegedly leaving the site.
The driver has not been identified and no appeal has yet been submitted.
All that is attached to the NTK and online, are photos showing the vehicle parked at the time/date of the alleged contravention.
There is nothing showing the driver leaving or having left the site. Do they need to provide or prove this?
«1

Comments

  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
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    edited 1 November 2020 at 8:16PM
    Who issued it? can we can keep this short and sweet please......
    I assume its going to be UKCPS?
    If so simple few sentences to deny leaving site
    https://forums.moneysavingexpert.com/discussion/6200216/ravenside-retail-park-chesterfield/p5 
    Follow the guidance ive given there, it really doesn't need pages and pages -10 minutes max,  takes longer to fill the online form out then the actual appeal
    For anyone who has seen Key Parking solutions "leaving site" cases they literally submit about 20 pages of "Evidence" but never any evidence that the person left site. So easy to beat.....
  • Johnersh
    Johnersh Posts: 1,573 Forumite
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    No-one should mislead. Only deny if you can prove the driver never left the site. 

    It is perfectly correct to reply that they have provided only photos of a vehicle but not evidence that anyone left the site. It is for the ppc to *prove* their case. 

    As keeper you may not know what the driver did or did not do (so you can just elect to require it to be proven).

    If court proceedings are commenced, the usual form wording for an allegation that is for a claimant to prove is:

     "it is neither admitted nor denied that"...   Followed by "the claimant is put to strict proof"

  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Hopefully it will be UKPC and easy to win at POPLA.  Like the other one that we hope this OP read, posted only yesterday.
    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
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    Johnersh said:
    No-one should mislead. Only deny if you can prove the driver never left the site. 

    It is perfectly correct to reply that they have provided only photos of a vehicle but not evidence that anyone left the site. It is for the ppc to *prove* their case. 

    As keeper you may not know what the driver did or did not do (so you can just elect to require it to be proven).

    If court proceedings are commenced, the usual form wording for an allegation that is for a claimant to prove is:

     "it is neither admitted nor denied that"...   Followed by "the claimant is put to strict proof"

    I've yet to see a ppc ever prove anyone has left site 
  • Johnersh
    Johnersh Posts: 1,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    No issue with your experience. I'm certainly not aware of any ppc ever calling evidence from a "proper witness" like a parking attendant. 

    I do have an issue with a forumite positively denying leaving if, in fact, there is any possibility the driver did.  To do so may be to create a hostage to fortune. That's all. 

    For obvious reasons best the o/p doesn't state the factual position one way or another on here. 
  • 1505grandad
    1505grandad Posts: 4,054 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    "Hi everyone. Got my hearing in October, so just preparing my witness statement."

    As a matter of interest has the hearing on your other thread taken place?


    If so can you update the above thread accordingly.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Johnersh said:
    No issue with your experience. I'm certainly not aware of any ppc ever calling evidence from a "proper witness" like a parking attendant. 

    In the case updated yesterday with Care Parking, they did just that to POPLA.   

    But I want the OP to find it rather than feed links, which defeats the object of newbies using the forum properly and learning from it and how to research.  No link given by me...go read it, OP.
    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
  • Umkomaas
    Umkomaas Posts: 43,866 Forumite
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    Which parking firm? 🥱 
    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
  • BrownTrout
    BrownTrout Posts: 2,298 Forumite
    1,000 Posts Third Anniversary Photogenic Name Dropper
    edited 2 November 2020 at 8:06AM
    Umkomaas said:
    Which parking firm? 🥱 
    My money is on UKCPS.....10/1 ?
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I say UKPC.
    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
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