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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    The easiest route is paying
    The most useful route for your own educaiton is defending
    Your choice
    The forum will give you much help in defending, and so you need to decide quickly,
  • Le_Kirk
    Le_Kirk Posts: 25,190 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    edited 3 February 2021 at 10:04AM
    As above, you seem to have gone from 0-CCJ here
    If you truly havea  claim form - and you know what they look likem, and they helpfully say claim form on there! - then you do not have a CCJ. The J is judgement
    Sure, I understand that now. As you said it was pointed out before. The title was more about my concern with what I believed could be an impending CCJ, and appreciate now that it could be misleading 
    You possibly have enough posts and time on the forum under your belt to be able to edit your own posts and therefore the thread title.  Click the Gear Icon to the right of the blue bar in your opening post and see if you get an edit option.
  • Le_Kirk said:
    As above, you seem to have gone from 0-CCJ here
    If you truly havea  claim form - and you know what they look likem, and they helpfully say claim form on there! - then you do not have a CCJ. The J is judgement
    Sure, I understand that now. As you said it was pointed out before. The title was more about my concern with what I believed could be an impending CCJ, and appreciate now that it could be misleading 
    You possibly have enough posts and time on the forum under your belt to be able to edit your own posts and therefore the thread title.  Click the Gear Icon to the right of the blue bar in your opening post and see if you get an edit option.
    Thanks. done
  • Hi everyone,

    Just an update. They are being stubborn and slow with this SAR request. Now saying they want my PCN and reg despite having everything they need. They have an updated bill, and confirmation from DVLA. Should I just give PCN info? 

    Secondly, I had always felt like I was in the wrong this this whole issue. I didn't purposefully ignore a sign, but felt I must have just not looked for it. I went to take photos at the service station yesterday. There is literally not one single sign about parking all the way form the entrance I took, to the space I parked in. There is one behind the car (very small print) as you get out, however it is angled away so you can not see it as you approach the space. It is also not in your eye line at all when you leave the car to approach the services entrance. The next two are over 50 yards away, and very small, with nothing obvious about parking (big blue P etc). The first sign anywhere near my eyeline is as you are exiting! On double yellows with tons of small print. Plus, at the point of leaving I had never willingly entered into a contract wether I stopped to read it or not. I now understand why you guys call these people scammers! 

    Just need to get my defence submitted. I have plenty of evidence of what I've just mentioned above. I am assuming that everything I have talked about above is what I enter in my defence. Do I have to tell them what I was doing with my time at the station? Whether of not I left the premises etc? 
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 9 February 2021 at 1:34PM
    Your witness statement comes in several months time , only some short background info goes in point 3 of the defence , so just show us your draft of paragraphs 2 and 3 only , for critique by members here

    Poor and inadequate signage should already be in the template defence , so elaborate at the WS stage. No evidence or WS is submitted at this stage !! Defence only

    Yes give them the PCN reference and VRM if you have those 2 details , reminding them that you require all their data applicable to you as a data subject , under GDPR law. Dpa is about people , not vehicles , so tell them this
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Little reason not to do so, however you can point out that they are required to give you all of your data, and that is of course not solely linked to a single VRM or PCN. If they are unable to retrieve your personal data then say so, so you can report them to the ICO
    Why are you assuming anything? You have the template defence, and a total of 2 para to update. You of course know that the defence does not contain any evidence - that comes later, and photos showing no signs would be great! - and the template defence talks about inadequate signs. You can add some background in para 2 or 4. 
    Adding some background such as you were asleep at the time, etc - do so. But keep it concise.
  • Umkomaas
    Umkomaas Posts: 43,832 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    I went to take photos at the service station yesterday. There is literally not one single sign about parking all the way form the entrance I took, to the space I parked in. 
    If you can't get this resolved using @blackdog2220's suggestion (if it is MOTO), when you get time - and there's plenty before you need to do your WS - go and take a video of that journey into the car park and on to the parking spot. If you haven't a dash-cam on board, take someone with you to do the filming (notwithstanding social distance rules!). 
    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
  • Thank you all again.

    Points 2 and 3 on my defence:

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

    3.  On the approach taken by the defendant into the premises, there are no signs on entering (via Northwich Road, Knutsford) explaining that parking charges are applicable on the site. There are no visible signs from the point of entering to the parking space utilised on the day in question. Any parking signs viewable from the car park are either small, in insufficiently sized text to read, poorly lit, or not lit at all. The closest sign to the space parked in is angled as such that it is not visible on passing. To view this, one would have to look back in the direction they had travelled from, before proceeding to the services building. The first signage clearly placed is on exiting the premises. This is placed at the side of a road with no pedestrian path, on double yellow lines, with print so small it is ineligible.

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Why doesn't para 2 just say...
    2.        It is admitted that the Defendant was the registered keeper and driver of the vehicle in question but liability is denied.
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