[Help] Parking vultures court claim received

Umkomaas

I searched google street view only to find it had been updated to show the start of the building works.  

GSV has a time shift button you can use to backtrack images and dates. 

KeithP

GingerBeardOwner said:

Once i started researching what i needed to do and went back the car park was being turned into a building and so all signs etc had gone. I searched google street view only to find it had been updated to show the start of the building works.

Google Street View has a history feature.

For example, the current view down Pemberton Street can be seen here...
https://goo.gl/maps/35g6kN72dSs2GzgG8

But if one were to click on the dropdown arrow here...


One would see...


Move the slider to just before April 2019 - i.e. March 2019 - and you will see the place as it was at that time...
https://goo.gl/maps/AZQ2QD2JXjvHY8KeA

GingerBeardOwner

Thanks both, i can get as close and 6 months before i entered the carpark in street view. its as i remember it. 

GingerBeardOwner

Sequence of events

1.      I drove to Nottingham on DATEXXX with one of my peers to watch a sporting event. I had selected XXXX carpark due to its close proximity to where the sporting event was taking place. The carpark was a large patch of rough ground with a large sign reading; PARKING PAY & DISPLAY Exhibit XX-01

 

2.      I entered the carpark, passing the payment machine as it was situated by the main entrance. I found a suitable area to park my car and proceeded to make my way over to the payment machine which was highlighted by a large sign that read: PAY AT METER DISPLAY TICKET Exhibit XX-02 with an arrow pointing at the machine.

 

3.      While attempting to enter my registration, the machine refused to accept the first 4 digits, only allowing me to enter XXX. I and my peer tried multiple times to enter the full registration, however it became clear after multiple attempts the machine wasn’t going to accept all 7 digits.

 

4.      I paid £4 for four hours parking, printing a ticket with the final part of my registration number on it and displayed it in clear view on my cars dashboard.

 

5.      I left the carpark on foot to attend the aforementioned sporting event. I returned within the 4 hours I had paid for and left the car park.

  

6.      I received a letter a few days later dated XXDATEXX with a parking charge notice charge for £100, reduced to £60 for quick payment for: Failure to Pay for the Duration of Stay.

 

7.      I appealed the charge to Premier Park directly who sighted that I hadn’t complied fully with their terms and conditions.

 

8.      I appealed via POPLA who denied my appeal based on not fully complying with the car parks terms and conditions.

 

9.      Exhibit XX-03 shows Premier Park acknowledge my partial registration was paid for.

 

10.    Exhibit XX-04 shows via a Premier Park computer system screen grab that my partial registration was paid for, for the duration of my stay.  

Coupon-mad

Add this:

11.  I believe this is an endemic problem with certain Pay & Display machines which are set for only allowing 3 digits to be input, which is fine in many car parks but not where the operator instals one of these machines, then puts a sign up requiring the full VRM to be input.

12.  Clearly this term was void for impossibility, just as happened this year with another ex-clamper West Country based parking operator, using similar machines that are incompatible with the t&cs. The Claimant is put to strict proof that the same did not happen in my case. On the balance of probabilities it was the same issue as this (see Exhibit xx): "Hordes of furious day trippers to Cornish beauty spot receive £100 parking fines despite having paid and displayed - due to parking machine glitch that only asks for the last three characters of their number plate"

____________________________


Exhibit xx needs a number of course and it will be a screen-grab saved to PDF, if this article including the photo of the machine:

https://www.dailymail.co.uk/news/article-10973643/amp/Cornish-beauty-spot-visitors-100-parking-fines-despite-having-paid-displayed.html

Do not just provide links, which are not OK as exhibits. An exhibit must be the actual image, article or court case (e.g. you'll know already from the other WS examples to append the transcript of Excel v Wilkinson, not just refer to it or link it).

GingerBeardOwner

Coupon-mad said:

Add this:

11.  I believe this is an endemic problem with certain Pay & Display machines which are set for only allowing 3 digits to be input, which is fine in many car parks but not where the operator instals one of these machines, then puts a sign up requiring the full VRM to be input.

12.  Clearly this term was void for impossibility, just as happened this year with another ex-clamper West Country based parking operator, using similar machines that are incompatible with the t&cs. The Claimant is put to strict proof that the same did not happen in my case. On the balance of probabilities it was the same issue as this (see Exhibit xx): "Hordes of furious day trippers to Cornish beauty spot receive £100 parking fines despite having paid and displayed - due to parking machine glitch that only asks for the last three characters of their number plate"

____________________________


Exhibit xx needs a number of course and it will be a screen-grab saved to PDF, if this article including the photo of the machine:

https://www.dailymail.co.uk/news/article-10973643/amp/Cornish-beauty-spot-visitors-100-parking-fines-despite-having-paid-displayed.html

Do not just provide links, which are not OK as exhibits. An exhibit must be the actual image, article or court case (e.g. you'll know already from the other WS examples to append the transcript of Excel v Wilkinson, not just refer to it or link it).

Thank you ill get this added in and report back when I've taken car of some family stuff.

I'm taking my peer/witness with me on the day. is there anything else i should add with them being sat beside me in the court room?

Also do I need to include ALL the below that was also included in the template you pointed me towards

XX-12 - BPA AoS - Code of Practice v6 - October 2015 section 18.3
XX-13 - Screenshot showing the Claimant is a member of the British Parking Association (BPA)
XX-14 - The Beavis case sign for comparison
XX-15 - ParkingEye Limited v Beavis - Paragraphs 98, 193, and 198
XX-16 - Excel v Wilkinson case transcript

XX-17 - Defendants schedule of costs 

Umkomaas

I'm taking my peer/witness with me on the day. is there anything else i should add with them being sat beside me in the court room?

If they are there just for moral support no need to add anything. You do know that they will not be able to speak at the hearing, you won't be able to call on them to corroborate any points you are making.  The judge won't ask them questions.

GingerBeardOwner

Umkomaas said:

I'm taking my peer/witness with me on the day. is there anything else i should add with them being sat beside me in the court room?

If they are there just for moral support no need to add anything. You do know that they will not be able to speak at the hearing, you won't be able to call on them to corroborate any points you are making.  The judge won't ask them questions.

I wasn't aware of that no. i've put them down on the court papers as a witness. 

Whats the point of being able to take one if they arnt able to speak etc?

Umkomaas

GingerBeardOwner said:

Umkomaas said:

I'm taking my peer/witness with me on the day. is there anything else i should add with them being sat beside me in the court room?

If they are there just for moral support no need to add anything. You do know that they will not be able to speak at the hearing, you won't be able to call on them to corroborate any points you are making.  The judge won't ask them questions.

I wasn't aware of that no. i've put them down on the court papers as a witness. 

Whats the point of being able to take one if they arnt able to speak etc?

Have they completed and signed a Witness Statement?  That is the only likely way of being invited by a Judge to speak. Even then, they still might not be invited. The Judge controls everything in his/her courtroom. 

GingerBeardOwner

Umkomaas said:

GingerBeardOwner said:

Umkomaas said:

I'm taking my peer/witness with me on the day. is there anything else i should add with them being sat beside me in the court room?

If they are there just for moral support no need to add anything. You do know that they will not be able to speak at the hearing, you won't be able to call on them to corroborate any points you are making.  The judge won't ask them questions.

I wasn't aware of that no. i've put them down on the court papers as a witness. 

Whats the point of being able to take one if they arnt able to speak etc?

Have they completed and signed a Witness Statement?  That is the only likely way of being invited by a Judge to speak. Even then, they still might not be invited. The Judge controls everything in his/her courtroom. 

No they haven't. The DQ questionnaire asked if any witnesses would be attending to which I said yes.