I missed a detail through the Newbie thread to do list what impact will its have?

Daveh87

Umkomaas said:

Yes , try and obtain landowner details , Umkomaas posts his guide and advice every week on here regarding the search options to obtain landowner details

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. 

Yeah I remember speaking to you before and I have the owners name no contact info though and I tried logging back into the land registry yesterday but hey need more info so I will contact them tomorrow.

Daveh87

Redx said:

Daveh87 said:

Can you tell me what CoP acronym/Abreviation is please

Code of Practice = CoP , should be in the acronyms in post 5 of the newbies FAQ sticky thread near the top of the forum in announcements , where they all are explained

There are currently 2 , BPA and IPC , depending which one the PPC has joined and is following , they are currently on version 8 , so it's the relevant CoP that applied on the day of the incident , so could be a previous version , depending on how long ago the incident was ? ( And which PPC issued the claim ) only one CoP applies. The new government single CoP will apply from next summer  when mandatory regulations kick in

PPS are IPC on those signage pictures

You never told us the total on the claim form ?

I checked but it wasn't there unless there was more so thanks for the prompt

Daveh87

Redx said:

They only have to show service to the address obtained from the DVLA database , which they did when they posted it , not receipt by the victim

The original PCN was for no more than £100 , discounted by 40% for early payment , so not £160 , it was never £160 and still isn't , but it may well be £100 , the maximum allowed !

Yes , try and obtain landowner details , Umkomaas posts his guide and advice every week on here regarding the search options to obtain landowner details

The Barry Beavis case 6 years ago killed off the excessive loss arguments , he lost in 3 courts , the last being the Supreme court in London , so that argument won't wash ! Neither will fair or ethical either ! Nothing will change until government regulation next summer , too late for you

I did think that the claim was about £260 , so they added on spurious charges and interest , the defence template already argues against these. A typical loss in court is about £200

If you were both keeper and driver , POFA won't help you , because what would you honestly say in court , under oath , if they ask you if you were the driver ? Perjury being a criminal offence !

 original PCN issued on the 18/06/21 and the period of parking was  the 12t/06/21 and was 100 reduced to 60 if paid in 14 days, like you said, then because I didn't pay went to 100 + the 60 collection fee, now the county Court Claim Fee is 163.20 + court fee 35 + 50 legal representativesves, total amout 248.20.

So it will be that plus 200 and what your saying is I have got no hope?

Redx

Daveh87 said:

Redx said:

Daveh87 said:

Can you tell me what CoP acronym/Abreviation is please

Code of Practice = CoP , should be in the acronyms in post 5 of the newbies FAQ sticky thread near the top of the forum in announcements , where they all are explained

There are currently 2 , BPA and IPC , depending which one the PPC has joined and is following , they are currently on version 8 , so it's the relevant CoP that applied on the day of the incident , so could be a previous version , depending on how long ago the incident was ? ( And which PPC issued the claim ) only one CoP applies. The new government single CoP will apply from next summer  when mandatory regulations kick in

PPS are IPC on those signage pictures

You never told us the total on the claim form ?

I checked but it wasn't there unless there was more so thanks for the prompt

So when was the PCN issued ?

Then look for the IPC CoP that was in force on that date , possibly the current CoP ?

Then read any relevant clauses that may assist you ( reading and research win cases )

Daveh87

Redx said:

Daveh87 said:

Redx said:

Daveh87 said:

Can you tell me what CoP acronym/Abreviation is please

Code of Practice = CoP , should be in the acronyms in post 5 of the newbies FAQ sticky thread near the top of the forum in announcements , where they all are explained

There are currently 2 , BPA and IPC , depending which one the PPC has joined and is following , they are currently on version 8 , so it's the relevant CoP that applied on the day of the incident , so could be a previous version , depending on how long ago the incident was ? ( And which PPC issued the claim ) only one CoP applies. The new government single CoP will apply from next summer  when mandatory regulations kick in

PPS are IPC on those signage pictures

You never told us the total on the claim form ?

I checked but it wasn't there unless there was more so thanks for the prompt

So when was the PCN issued ?

Then look for the IPC CoP that was in force on that date , possibly the current CoP ?

Then read any relevant clauses that may assist you ( reading and research win cases )

On the 18/06/21 I'll check the CoP now.

If I come up short in my research do have the chance to pay it or am I passed that point because I've completed the AoS

Redx

With this year's date it will be the latest and current IPC CoP

It can be paid at any time up until the hearing , but because the claimant has added spurious charges , the final total if you lose should be at least £60 less !! So why on earth would you pay an inflated bill if you can fight and pay less , or at worst pay the total amount they are claiming after the judgment ?

Doesn't make sense !

Daveh87

Redx said:

With this year's date it will be the latest and current IPC CoP

It can be paid at any time up until the hearing , but because the claimant has added spurious charges , the final total if you lose should be at least £60 less !! So why on earth would you pay an inflated bill if you can fight and pay less , or at worst pay the total amount they are claiming after the judgment ?

Doesn't make sense !

Thats what I wasn't sure about.

So I have briefly been through the IPC CoP and theres a couple of things to do with signage,

1. Identify yourself as ‘the Creditor’; - I Can't see this on either of the 2 photos of signs please point out if it does
2. If parking enforcement takes place outside of daylight hours you should ensure that signs are illuminated or there is sufficient other lighting. You will need to ensure all signs are readable during the hours of enforcement as they form the legal basis of any charge. - There is zero light and on a video and pic I have taken there is a lean-to above the parking machines with wires and no lights!!


3. You are required to provide a sufficient number of signs on each site commensurate with its size and other characteristics to ensure that any parking conditions are adequately brought to the attention of the motorist - There is one on entry and one on exit  

a) Entrance

Daveh87

Exit) Definitel not Lit, nor big enough especially for a van.

Only other which was to the left of where I parked but I only saw it as I was walking around looking for it again not lit)

Daveh87

a Couple more views of where I parkedthe sign is this pic say 'Please park Between posts'

Coupon-mad

There is a distinct lack of signs within the car park near the bays, and only a request ' please park between the white posts' not a contractual sign to be seen even in daylight.

So it will be that plus 200 and what your saying is I have got no hope?

Why are you thinking that?  It is NOT a sum PLUS £200.  It's a total of up to £200 if you lose.

I told you to defend it and on what basis.  This is a no brainer even if you lost.