Retail Car Park - Parking Charge Notice Defence Letter

Domdom1989

Sadly no to all of the above. It was a bright sunny day. I wouldn't say the signage is obscured by trees or other.

What would you advise? Change defence?

Sorry and thank you @Le_Kirk

D

Coupon-mad

I am worried because their pictures show my car, in the car park, with parking signs in the background (the signs are not legible from the photos, but clearly parking signage). 

Of course they do.  That's what any SAR will show where it relies on photos taken on foot.

They all have a pic with a car and a sign. That's required as an AOS member.  No idea what you were expecting to see, so what if there is an illegible sign in the background like in every single other case.

Edit:

I am saying this to instil confidence in new posters that this is normal.  Nothing has changed.

At every turn they will say and show stuff to support their case.  Don't be put off.

Domdom1989

@Coupon-mad I am not really sure what your point is? I am asking for help as this isn't something I have done before. It may seem bizarre to you, but this is a first for me, so I am asking for assistance in order to find the best way through this. Your comments aren't really adding anything helpful.

KeithP

As I see it, you have three options:

1) Pay them the  £551.72 they are currently asking for and that's the end of the matter, or

2) Put up a poor weak Defence, but in that Defence, like all Defences do, challenge their exorbitant 'extra costs'. That should/could reduce the amount payable to around £400 - a saving of approx. £150, or

3) File a good Defence along the lines already suggested here and win the case - i.e. pay nothing and even possibly get your costs of up to around £100 returned too.

Your choice, but my suggestion is that you need to stop looking for all the reasons that you might lose and instead start looking for winning points.

Domdom1989

Thanks @KeithP, I do get what you're saying. I am just nervous, as many are in this situation. I will re-write my defence part 2 and 3 and add it in here for your comments.

Thanks,

D

Domdom1989

I guess I am just thinking further down the line, when I have to take pictures as part of the witness statement, they will see signs and PDT's in the photo's.. Unless I don't take pictures of signage and PDT's and then it's their word against mine? Is this how I need to think?

Thanks,

D

Coupon-mad

My point was to give you the confidence this is normal.  Nothing has changed.  At every turn they will say and show stuff to support their case.  Don't be put off.

My 'so what?' was for you to shrug and think about them!

Domdom1989

Okay, thanks @Coupon-mad

I will plod on. I have my hard hat on now.

D

Coupon-mad

Jolly good.  That was the purpose of my post! 

And if the allegation is 'not paying' yet they are saying they have no Pay and Display Ticket (PDT) logs, where is their evidence of breach, let alone evidence of what that background sign actually said?

Domdom1989

Here is my draft: 

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied.

 

3.       This is a car park that apparently had no Pay & Display Terminal (PDT) or signs indicating that payment was required. Upon research carried out after receiving the PCN the Defendant discovered that the PDT was in fact hidden from plain sight. The Defendant also finds that the car park was medium in size with buildings standing on 3 sides of the car park. With the car park at 3 quarters capacity, it was made impossible to locate any signage pointing to the rules of this car park and it was equally impossible to read the layout of this car park and locate any PDT’s.

Please let me know your thoughts.

Many thanks,

D