Uk car park management privacy

gamer123

Hi I'm using the template how does this sound for #3

Having recently visited the site, the Defendant, found the unclear sign the Claimants Company used to show as evidence that the defendant has broken the claimants terms and conditions is no longer on the wall. And the other signs were unnoticeable whilst entering and exiting the land due to obstructions in place. Except for one which is at the supermarket entrance window. However without queuing up due to the social distancing rules and letting only a number of customers in the shop at a time the defendant could not get close enough to read the terms and conditions in time of the parking charge being issued.

Fruitcake

That still reads like a WS. Para 3 needs to explain to the judge what type of car park this was and why the defendant isn't liable.

The defendant could aver that there were no signs, or the signs the claimant states were present are stock images and not actually present, or there were no entrance signs, or signs were obscured for whatever reason, or social distancing meant additional time was needed before signs could be read, or all of the above, etcetera.

I haven't read back, but what happened when you complained to the landowner and/or supermarket manager/CEO?

gamer123

I have not complained to the landowner because I do not know who it is and how to find out. 

Le_Kirk

gamer123 said:

I have not complained to the landowner because I do not know who it is and how to find out. 

If you search the forum you will find that @Umkomaas regularly posts has advice on how to find a landowner.  Or, you could jus click on his name on this post then go to his profile and read some of his posts.

Umkomaas

SOME IDEAS ON DETERMINING WHO OWNS THE LAND 

1. Google searches

2. If a retail park, check on any signage which lists the on-site outlets

3. Ask retailers on the site if there is a managing agent

4. Ask retailers on the site to whom do they pay rent

5. Contact the local authority and ask who pays the non-domestic/business rate for the car park (some councils have a spreadsheet on their website)

6. Contact the local Valuation Office and ask if they know. They often have a website which might provide the information 

7. Contact The Land Registry and for around £3 they should be able to provide definitive detail

8. If you haven't already done so, give us the name of the car park, we may have seen other cases there. 

gamer123

My PCN was at 2-18 whalebone Dagenham which they have written on the pcn if that helps. 

gamer123

Spoke to Iceland and the manager was not there but the person said that they do not know who owns the land inspite of the ukcpm signs on their site. They did tell me to phone back tomorrow when the manager is there however I've got a feeling that that bit of plot isn't part of iceland. I also spoke to person over the phone to the owner at a café next to the plot who also doesn't know who owns the land.

D_P_Dance

Do not persue this matter on the telephone, visit the store, speak to the manager and follow up in wrting   Have you complained to your MP?

Coupon-mad

I'd remove this bit, as it reads better without:

 the Claimants Company used to show as evidence that the defendant has broken the claimants terms and conditions

You have also not stated what the allegation was and why you dispute it. Overstay? Not parking within lines? Not paying? No permit?

gamer123

Ok I have adjusted it quite a bit into the points that you have suggested. Please let me know what you think.

The facts are that the vehicle, registration xxxxx, of which the Defendant is the registered keeper, did in fact park in a numbered bay. The claimant claims that you needed a resident permit to park in the bay. The defendant was parked beyond a signage of a entrance sign indicating that beyond that point, users of the facility can park on the site. Therefore resident parking should not have been put in to place beyond the "Car park for shop users only" signage at the entrance. This would indicate that the land after this sign is not owned or should not have been used by the claimant into misleading customer's into the claimants terms and conditions. Lack of unclear, unlit, small font, and poorly placed signages beyond the entrance point would indicate that it was the claimants intentions to mislead the defendant. It is also the understanding that the amount of time that the claimant gave the defendant before issuing a parking charge notice is not sufficient enough time to decide whether to except the term's and conditions of the claimant. Social distancing and road hazards was also a factor into needing additional time to fully read the signage and to make a judgement.