Received Directions Questionnaire - what next?

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  • UmkomaasUmkomaas Forumite
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    Breakdown as per claim form is 
    • Amount claimed: £165.48
    • Court Fee: £25
    • Legal representatives costs: £50
    • Total Amount: £250.48
    Have you tried the maths on that one?
    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.
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  • RedxRedx Forumite
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    Seems obvious to me

    £60 debt collectors fee , double recovery , not allowed

    £5.48 interest , probably incorrect and possibly not allowed

    The rest is allowed , £100 plus £25 plus £50  , equals £175 , like in Parking Eye cases
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • edited 1 December 2020 at 7:11PM
    Coupon-madCoupon-mad
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    edited 1 December 2020 at 7:11PM

    It's not a bad defence but you are a bit light on facts (I realise your defence is already in):

    The Defendant has issued a fine on unfair grounds, given at the time the Claimant states I violated parking terms. At the time I had received an important phone call, and during the duration of this call, I was sat in the vehicle in order to comply with the Road Traffic Act and had not left the car parked at the premises, and no ticket was issued on the vehicle. Parking is the act of stopping and disengaging a vehicle and leaving it unoccupied. Therefore, it would be disingenuous to claim the vehicle was left parked.
    The premises has dim lighting which in the winter months, where we have shorter daylight hours, are not visible. Furthermore, there is inadequate signage on the land to indicate there is any binding contract on which fines may be issued or one may face court.

    So, to summarise, your case is about unclear signs (you couldn't see terms from inside the car) and lack of grace period.

    How many (exact) minutes and seconds between each photo, and were the images taken by someone hiding and being predatory with their phone camera or were they ANPR in and out images?

    Why would anyone drive into a private car park to take a phone call instead of pulling over on-street?  Even Double Yellows would have been safe, and legal.  I wish driving instructors would teach this properly.

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  • edited 1 December 2020 at 7:15PM
    KeithPKeithP Forumite
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    edited 1 December 2020 at 7:15PM
    At the time I had received an important phone call, and during the duration of this call, I was sat in the vehicle in order to comply with the Road Traffic Act and had not left the car parked at the premises, and no ticket was issued on the vehicle.

    What on earth does that mean?

    Are you telling us that the RTA says you can't leave a vehicle to answer the telephone?

  • samsepi0lsamsepi0l Forumite
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    It's not a bad defence but you are a bit light on facts (I realise your defence is already in):

    The Defendant has issued a fine on unfair grounds, given at the time the Claimant states I violated parking terms. At the time I had received an important phone call, and during the duration of this call, I was sat in the vehicle in order to comply with the Road Traffic Act and had not left the car parked at the premises, and no ticket was issued on the vehicle. Parking is the act of stopping and disengaging a vehicle and leaving it unoccupied. Therefore, it would be disingenuous to claim the vehicle was left parked.
    The premises has dim lighting which in the winter months, where we have shorter daylight hours, are not visible. Furthermore, there is inadequate signage on the land to indicate there is any binding contract on which fines may be issued or one may face court.

    So, to summarise, your case is about unclear signs (you couldn't see terms from inside the car) and lack of grace period.

    How many (exact) minutes and seconds between each photo, and were the images taken by someone hiding and being predatory with their phone camera or were they ANPR in and out images?

    Why would anyone drive into a private car park to take a phone call instead of pulling over on-street?  Even Double Yellows would have been safe, and legal.  I wish driving instructors would teach this properly.

    Its a car park behind a 'shopping centre' that I go into often, so when I was already near it I didn't have a problem parking, Ive never had a ticket before inside it. The ticket is from 9 months ago, so I honestly don't even remember where I was parked, and what I was doing, I can only guess it was a phone call.

     I don't have any photos, so for all I know it may not even be a time issue but ANPR detected me parking on yellow lines or something! So I'll have to wait for the SAR to know for sure.

    So the only points I could really draw up were that technically the vehicle was not 'parked' as I remained in it (well, apparently this isn't a fair point according everyone) and that the signage is not clear (its very dark and there are hardly any signs) - this is mainly what I'll have to focus on I guess
  • samsepi0lsamsepi0l Forumite
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    KeithP said:
    At the time I had received an important phone call, and during the duration of this call, I was sat in the vehicle in order to comply with the Road Traffic Act and had not left the car parked at the premises, and no ticket was issued on the vehicle.

    What on earth does that mean?

    Are you telling us that the RTA says you can't leave a vehicle to answer the telephone?

    I wish I had proof read. I meant to say, I did not want to be stopped on a main road, or using my phone whilst driving, so I pulled in to the first immediate car park.  :/ Brilliant....
  • nosferatu1001nosferatu1001 Forumite
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    Umkomaas said:
    Breakdown as per claim form is 
    • Amount claimed: £165.48
    • Court Fee: £25
    • Legal representatives costs: £50
    • Total Amount: £250.48
    Have you tried the maths on that one?
    Think this got missed!
    Add up the abpove amounts. You do NOT get the total
    Their claim is incorrectly pleaded and should fail. they must Apply to Amend their PoC. At that point you request the court gives you permission to amend your defence
    Hint: you want this to happen so you can rescue your defence!
  • RedxRedx Forumite
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    Umkomaas said:
    Breakdown as per claim form is 
    • Amount claimed: £165.48
    • Court Fee: £25
    • Legal representatives costs: £50
    • Total Amount: £250.48
    Have you tried the maths on that one?
    Think this got missed!
    Add up the abpove amounts. You do NOT get the total
    Their claim is incorrectly pleaded and should fail. they must Apply to Amend their PoC. At that point you request the court gives you permission to amend your defence
    Hint: you want this to happen so you can rescue your defence!
    Good point , I didn't add it up , I looked at the other details

    The claimant cannot add up , even though every smartphone has a calculator app

    Hope it has been spotted by the court judge , or it is brought up by the defendant
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • samsepi0lsamsepi0l Forumite
    24 Posts
    10 Posts
    Redx said:
    Umkomaas said:
    Breakdown as per claim form is 
    • Amount claimed: £165.48
    • Court Fee: £25
    • Legal representatives costs: £50
    • Total Amount: £250.48
    Have you tried the maths on that one?
    Think this got missed!
    Add up the abpove amounts. You do NOT get the total
    Their claim is incorrectly pleaded and should fail. they must Apply to Amend their PoC. At that point you request the court gives you permission to amend your defence
    Hint: you want this to happen so you can rescue your defence!
    Good point , I didn't add it up , I looked at the other details

    The claimant cannot add up , even though every smartphone has a calculator app

    Hope it has been spotted by the court judge , or it is brought up by the defendant
    Apologies, mistyped.... Total costs to £240.48... so no hope on that regard.... 
  • Coupon-madCoupon-mad
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     I honestly don't even remember where I was parked, and what I was doing, I can only guess it was a phone call.
    Then you shouldn't have put that rubbish in your defence because it's actually a weak position to take.  Far better not to say what you were doing.

    You haven't answered my question where I asked:
    How many (exact) minutes and seconds between each photo, and were the images taken by someone hiding and being predatory with their phone camera or were they ANPR in and out images?


    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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