BP forecourt PCN

KeithP

I will also put that the vehicle was not left unattended at any time. 

I would change that to...
...the driver did not leave the vehicle unattended at any time. 

Which is using their words on their signs against them.
I.e. according to their signs, there is nothing stopping the driver leaving the vehicle, as long as the driver doesn't leave the vehicle unattended.

paulb76

Coupon-mad said:

Yes, state that.  Not sure you can add new photos now.

Youre right. Cant add more photos.
I read somewhere on here that if the parking is for patrons only a contract cant be formed anyway as it becomes a trespass issue. Any ideas on that?

paulb76

Correction. You can add more photos.

Coupon-mad

I read somewhere on here that if the parking is for patrons only a contract cant be formed anyway as it becomes a trespass issue. Any ideas on that?

Yes, have a look at Pace v Lengyel, a case hosted by the Parking Prankster in his case law pages online.

MothballsWallet

@Coupon-mad Would it be worth @paulb76 using Coventry Council's complaints procedure if it looks like the PPC is going to go the MCOL route with a robo-claim solicitor?

Coupon-mad

Is it owned by the Council then? The thread is too long to read back!

MothballsWallet

Coupon-mad said:

Is it owned by the Council then? The thread is too long to read back!

No, @paulb76's trying to get the non-domestic rates payer details from Coventry City Council and they're not playing ball.

Might be worth a complaint thru the council's procedure, then escalate to the LGO if necessary?

Coupon-mad

Yes, firstly asking the LA to escalate the complaint and reconsider because this is public information.

paulb76

@Coupon-mad and @MothballsWallet
Just read your above comments and have an update.
Appealed using IAS attaching a word document. I then received an email on the 16th saying the adjudicator could not open the document and could I re send on email. I did this replying to the email on the 21rd. Just had an email on the 25th saying as they have not received anything after 7 days they have adjudicated without it. And surprise surprise.
They have issued it on the limited info.
In the dismissal they say 'as the driver has not been named, they do not have to accept what the driver says about matters because its hearsay'
'appellant says no terms were breached but is clearly shown returning from a restaurant'  
and in response to 'drivers who leave their vehicles unattended' It is irrelevant whether passengers remain in the vehicle as they are not in control of the vehicle. Since when has attended meant in control of a vehicle.
So two things here. They didn't take into account evidence given because I didn't send it within 7 days when I did send it within 7 days.
And second, they can just make up definitions of attended and use their own hearsay.

Coupon-mad

They do what they like because they are, by all accounts, a kangaroo court that has made bizarre anti-consumer decisions for years and only uphold an abysmal 5% of appeals, so why would they change the habit of a lifetime if they think a consumer might be frightened enough to pay the beloved AOS member?!

http://parking-prankster.blogspot.com/2016/01/is-independent-appeal-service-kangaroo.html

http://parking-prankster.blogspot.com/2017/11/ipc-kangaroo-court-strikes-again.html

http://parking-prankster.blogspot.com/2016/06/new-optical-illusion-sweeps-internet.html


Ignore the outcome, waste of time and a disgrace that this still happens.  Sit tight. 

You know from everything on this forum, especially the advice in the NEWBIES thread, to come back if you get a LBC or court claim of course and to tell the PPC if you change address as you need to check each begging letter.

AND PLEASE COME BACK HERE EVERY WEEK OR SO, BECAUSE THIS IS REALLY IMPORTANT: 

The new (final) Government Consultation this Summer is something you must make sure you get your say in, given what you've been through.  

https://forums.moneysavingexpert.com/discussion/comment/78411172/#Comment_78411172

Please, please come back every week to check and make sure your voice - AND YOUR FRIENDS’ AND RELATIVES’ VOICES TOO -  is/are not missed from this final opportunity to take part in the Government Consultation, coming very soon!