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New County Court claim from PE

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  • flamjam
    flamjam Posts: 34 Forumite
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    Obviously that was until the cameras were put in place
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
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    edited 22 February 2021 at 4:24PM
    I would suggest that if the car park is a right of way to the area behind the house then there should be a gap between the parking bays marked perhaps with Keep Clear and or yellow hatched markings. 
    PE should then include "No Parking in areas, marked Keep Clear or Yellow Hatched lines. 

    Anyway, complaints should be made to the CEO of Home Bargains and any other retailer on site as well as the landowner, the BPA, the DVLA (with proof the car was not parked on relevant land mismanaged by ParkingLie), and your MP.
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  • flamjam
    flamjam Posts: 34 Forumite
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    edited 23 February 2021 at 12:37PM

    Anyway, complaints should be made to the CEO of Home Bargains and any other retailer on site as well as the landowner, the BPA, the DVLA (with proof the car was not parked on relevant land mismanaged by ParkingLie), and your MP.
    Thanks for your reply, so even tho the driver wasn’t a customer at any of the retail outlets, the driver should still complain to them? Also the driver can’t prove where He parked, The driver can’t even go back and park there, and take pics as no longer have the vehicle in question 
  • Fruitcake
    Fruitcake Posts: 59,531 Forumite
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    edited 22 February 2021 at 5:20PM
    The landowner or retail outlet that employed the scammers allowed their agent to collect and process your personal data in breach of the DPA/GDPR and then issued a charge even though you neither parked on the land mis-managed by the scammers nor breached any of the terms and conditions.

    You don't need pics of the car in situe, but the scammers do in order to make their case. Just because a car passes a scamera does not mean it was parked in the car park. The fact that you will have a witness statement from the landowner where the car was actually parked is evidence that no breach of Ts and Cs occurred.
    You could take your own pics of the site, but what you have shown us should already be enough to show a judge. The critical thing is proof that the place where the car was parked belongs to the owner of the white house and not to the owners of the retail park.

    You can also ask the scammers for proof that they have a contract to manage the land where the car was parked, and proof that the car was parked elsewhere (which they cannot possibly have).
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yes, because they invited PE in and PE didnt do a good enough job, resulting in them violating your privacy
    I dont knoiw why you cant take pictures using, for example, any other vehicle. It istnt material what vehicle you use when taking phtoos.
  • Coupon-mad
    Coupon-mad Posts: 161,514 Forumite
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    How do they know if you were a customer or not?
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    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • How do they know if you were a customer or not?
    They don’t, and  I wasn’t. 
  • Coupon-mad
    Coupon-mad Posts: 161,514 Forumite
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    Although the driver in question, admits to accessing the car park, he denies parking on the car park, as his friend lives adjacent to the car park and has some land to rear of his property which is only accessible via the car park. which he parked there. (the house in question is the white building in the images, and the image with the red circle is the land which belongs to the owner of the house) The owner of this property had agreed to sign a letter to verify he gave permission to park on his land.

    The Defendant must defend, not email ParkingEye.  The time to email them was at LBCCC stage, it's too late to do that now.   

    But it is of course relevant to put the above in the defence, adapting one of the ParkingEye examples in the NEWBIES thread or using a concise, specific defence as posted sometimes by @bargepole.  How do you know who owns that little strip of land, though?
    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
  • Jenni_D
    Jenni_D Posts: 5,574 Forumite
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    edited 23 February 2021 at 12:07PM
    flamjam said:

    Anyway, complaints should be made to the CEO of Home Bargains and any other retailer on site as well as the landowner, the BPA, the DVLA (with proof the car was not parked on relevant land mismanaged by ParkingLie), and your MP.
    Thanks for your reply, so even tho The Driver wasn’t a customer at any of the retail outlets, I should still complain to them? Also I can’t prove where The Driver parked, we can’t even go back and park there, and take pics as no longer have the vehicle in question 
    flamjam said:
    I suggest you edit your posts in the manner I've quoted. ;)

    Why do you need that specific vehicle in order to take pictures? Why do you need any vehicle in order to take pictures? (I assume you can still physically access that location?)

    PS - is there a right of way over the car park to that location? Don't assume simply because it's been done that way for a few years - check. Get the land registry titles for the friend's property and the retail park.
    Jenni x
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