Parking fine!!!

Fruitcake

As Ms Belly says, include anything useful from TrapAdvosir reviews that support your case, especially any that mention broken P & D machines because this will show it's a common or recurring or existing problem that has been known about but not rectified. It could even be assumed that the scammers have deliberately failed to repair the pay machine because this will generate more PCN revenue.

D_P_Dance

Have you complained to the NT, your MP, and Trading Standards?  have you written bad stuff on the website? 

Snakes_Belly

The new Code of Practice recommends a minimum of two forms of payment to be available. Not yet law but worth a mention.

Snakes_Belly

Fruitcake said:

As Ms Belly says, include anything useful from TrapAdvosir reviews that support your case, especially any that mention broken P & D machines because this will show it's a common or recurring or existing problem that has been known about but not rectified. It could even be assumed that the scammers have deliberately failed to repair the pay machine because this will generate more PCN revenue.

Many PPC's provide a very poor service to the motorist. Unlike many service industries who lose business as a result of poor service and maintenance of their equipment, paradoxically the PPC's benefit from giving poor service.

Ben255

Apologies for the lack of updates, had to put the issue on the back burner for a few days. I'm diving into it head first today and will upload my draft shortly. Thanks again for your knowledge and advice!

Ben255

I am currently drafting paragraph 3 and I'm struggling a little. I am unsure on how much and which information  I need to submit at this point. Where do I draw the line between Witness statement and defence? 

Redx

Defence is legal arguments and sets the scene

WS is your own recollection and knowledge 

You know far more about the latter than the former

You will get more feedback after posting the draft of paragraph 3 , same as everyone else

Ben255

Redx said:

Defence is legal arguments and sets the scene

WS is your own recollection and knowledge 

You know far more about the latter than the former

You will get more feedback after posting the draft of paragraph 3 , same as everyone else

Thank you

Ben255

2.   It is admitted that the Defendant was both the registered keeper and driver of the vehicle in question at the time of the incident but liability is denied. 

 

3.   The defendant made every effort to obtain and pay for a parking ticket using cash. This was not achievable and resulted in a frustration of contract, covered by the Law Reform (Frustrated Contracts) Act 1943. The defendant acknowledges seeing the small sign warning of parking charges upon entering the small private road leading up to the site. However, the main larger signage stipulating the terms and conditions was not visible until parking the vehicle and exiting to read. Due to the amount of people present at the site and having similar issues to myself with the deficient machine the time taken to realise a frustration of contract had taken place was exacerbated due to the social distancing required under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.

Ben255

Ben255 said:

2.   It is admitted that the Defendant was both the registered keeper and driver of the vehicle in question at the time of the incident but liability is denied. 

 

3.   The defendant made every effort to obtain and pay for a parking ticket using cash. This was not achievable and resulted in a frustration of contract, covered by the Law Reform (Frustrated Contracts) Act 1943. The defendant acknowledges seeing the small sign warning of parking charges upon entering the small private road leading up to the site. However, the main larger signage stipulating the terms and conditions was not visible until parking the vehicle and exiting to read. Due to the amount of people present at the site and having similar issues to myself with the deficient machine the time taken to realise a frustration of contract had taken place was exacerbated due to the social distancing required under the Health Protection (Coronavirus, Restrictions) (All Tiers) (England) Regulations 2020.

My thinking is that they will try hold me over the fact that I overstayed the grace period