HEARING LOST in a PCN dispute

Fruitcake

You have personal data showing so I suggest you remove that WS and post it later after you have submitted yours, which you should do by 4pm today!

Was there a copy of the alleged contract with or flowing from the landowner? If so, please show us that as well.

Trainerman

I thought you were writing a witness statement. Have you looked at the one cited by Coupon-Mad @Rocky_Balboa I think it was

Jenni_D

Was that your Defence, and have you posted that merely for info/reference so when you post your Witness Statement we know what to correlate it with?

(That's not your Witness Statement).

Coupon-mad

We need to stop responding, so the OP can concentrate on grabbing the WS by rickyb and also look at the 'whole bundle with headers and cover sheet & exhibits' by jrhys from last year.

Copy & paste and adapt to suit and you are done.  Two hours work.

bergantet

Thanks to everyone, definitely I am off track..... sorry for be one of the guys that is asking help in the last minute... very sorry.
I am writting a WS but is looking that I mixed all.... 

For the WS what I did is:
Copied the new temple and in the para where says: (as per old template defence) I added my old defence... maybe is where I mixed up

bergantet

Coupon-mad said:

We need to stop responding, so the OP can concentrate on grabbing the WS by rickyb and also look at the 'whole bundle with headers and cover sheet & exhibits' by jrhys from last year.

Copy & paste and adapt to suit and you are done.  Two hours work.

Many thanks, is where I am now, I am trying to localize that threads ... I'll back here once I done it. But if you have the links in hand (WS by rickyb and the whole bundle with headers and cover sheet & exhibits' by jrhys) would be perfect, 

Le_Kirk

Since you are running out of time, here is the @ricky_balboa:- 
https://www.dropbox.com/s/5257jckf4a999zx/Final witness-converted.pdf?dl=0
and here is @jrhys: -
https://drive.google.com/file/d/10_T0OSPwcewp5MrODOIvxFOa1GSKa7Oz/view

bergantet

Le_Kirk said:

Since you are running out of time, here is the @ricky_balboa:- 
https://www.dropbox.com/s/5257jckf4a999zx/Final witness-converted.pdf?dl=0
and here is @jrhys: -
https://drive.google.com/file/d/10_T0OSPwcewp5MrODOIvxFOa1GSKa7Oz/view

Thanks I think I found it too... but is good to confirm is the same ones. MAny thanks

This are the points I added to their template:

1.         The entrance in the car park is designed to have the appearance of a normal street with subparking areas, named as Wren Road. The approach and entrance to the car park is on a busy A-road (Exhibit xx-01). I approached turning right from my left into the street named Wren Road whilst concentrating on crossing any oncoming traffic from the opposite direction, pedestrians crossing the street and cars manoeuvring in the car park located in the sides.

 

2.         At the point of entry (the area that look like a normal street), the entrance terms and conditions sign is not visible or readable (Exhibit xx-02 and xx-03), Only a sign with a speed limit with a header difficult to read from the drivers side (blind spot) can be visible.

 

3.         After finding a suitable place to park, outside the entrance to Morrison.  My wife and I we walked into the shop from the pedestrian area. At no point did I see any visible parking signs during my walk from my car to the shop (Exhibit xx-04 , xx-05 and xx-06)

 

4.         Whilst inside Morrison, and now a paying customer, I was neither informed, nor reminded to pay-and-display or register parking or validate parking, nor was it made abundantly clear that a parking service was in operation. Had the parking service been clear to me, I would have willingly cooperated with the service.

 

5.         After finishing our shopping we returned to our car along the walkway, safely placed the shop into the car and manoeuvred to leave the car park. Again no car parking signs were visible during this process. (Exhibit xx-07)

 

6.         I waited at the exit of the car park for traffic to pass which were waiting on Wren road to enter the busy A-road and drive to pick up the children from school.

 

7.         In beginning of October, my family and I we moved from Scotland to England, change our details at DVLA took us some time, as our priority was sort it out the children school and all the massive paperwork required by our jobs, school and rent. Therefore, our first news about the penalty it was through CCBC (Couty Cout Business centre), not having the opportunity to claim to POPLA or other bodies.

 

8.         I requested a SAR to the DPO at Civil Enforcement Limited on the 24/03/2021 without any reply. On the 11/05/2021 a SAR second petition after more than 28 days without reply was requested, giving them 7 days before referring the case to the ICO. CEL requested more details on the 11/05/2021 to proceed with my petition. On the 11/05/2021 this extra data was provided to CEL but never I had more replies from CEL. Case was opened in ICO (case ref. IC-107387-Y6V1) on the 28/09/2021.

 

9.         The PCN contained two digital images of the car (front and back), however on them there were no landmarks nor street furniture identifying its location.

 

10.     I decided to appeal the parking charge as I had at no point seen a visible parking sign which is in contravention of the British Parking Association (BPA) Approved Operator Scheme (AoS) version 7 2018 section 18.2 & 18.3 under which the claimant is an active member. (Exhibit xx-08)

Le_Kirk

You have 28 minutes left to get this sent!

bergantet

Yes I know, I am working with the pictures..... bufff nervious