PCN Claim from 2020

B789

Unfortunately, far too many victims of this scam think or believe that this is what court claim will lead to:



Which is exactly what the scammers want them to believe. 

Mrscompliant

I have been very ill the past few days with a viral infection with no time to recover and little time to prepare for my court hearing.

Here's is the Claimants WS with all info redacted Witness Statement

I will do whatever it takes to go to the hearing on Monday

Coupon-mad

Are all their signage photos undated?

1505grandad

"The Protections of Freedoms Act 2012 (“POFA”)"  -  (twice)

Oh dear!!

Umkomaas

You need to check the WS, in particular the landowner agreement, for yourself, but nowhere there could I spot any authority provided by the landowner to Highview to commence legal proceedings. Here's what the BPA Code of Practice says at para 7.2:

If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

Clearly in breach of the CoP which should be reported to the BPA and the DVLA and ask for an investigation to be undertaken. Whether you can use this in court, given the time proximity to the hearing, perhaps others might comment.  See if anyone posts on that point. 

Castle

According to the Landowner's agreement on page 15 of the WS:-
1) The PCN charge should be £100, (NOT £95),
2) Admin charge, (payable by the REGISTERED OWNER), of only £40, (not £70)
3) The maximum stay is only 90 minutes, (not 2 hours).
This would suggest that there has been a newer agreement.

Also note that according to Companies House; Lothbury Property Trust Company was dormant in 2015 so they couldn't have signed any contract and they don't own any land.

Mrscompliant

Coupon-mad said:

Are all their signage photos undated?

Yes they are not dated or have any timestamps.

Umkomaas said:

You need to check the WS, in particular the landowner agreement, for yourself, but nowhere there could I spot any authority provided by the landowner to Highview to commence legal proceedings. Here's what the BPA Code of Practice says at para 7.2:

If the operator wishes to take legal action on any outstanding parking charges, they must ensure that they have the written authority of the landowner (or their appointed agent) prior to legal action being taken.

Clearly in breach of the CoP which should be reported to the BPA and the DVLA and ask for an investigation to be undertaken. Whether you can use this in court, given the time proximity to the hearing, perhaps others might comment.  See if anyone posts on that point. 

Is this something i could bring up in court? Or should it have been included in my WS.

Castle said:

According to the Landowner's agreement on page 15 of the WS:-
1) The PCN charge should be £100, (NOT £95),
2) Admin charge, (payable by the REGISTERED OWNER), of only £40, (not £70)
3) The maximum stay is only 90 minutes, (not 2 hours).
This would suggest that there has been a newer agreement.

Also note that according to Companies House; Lothbury Property Trust Company was dormant in 2015 so they couldn't have signed any contract and they don't own any land.

Should i bring this up on hearing day?

Coupon-mad

All if the above can be raised by you because it's all observations about their poor evidence.

Voice ALL OF IT!

Take a crib sheet and fire those bullets, including my point that none of their photos (not s single one) even identifies the year let alone an actual date they were taken, and it's your belief that the signs on the material date were inadequate and these look like newer signs.

And the great points made by @Umkomaas and @Castle

Mrscompliant

I think i am ready but i am still trying to recover. I have made this crib sheet which i hope is good enough. Is there anything else i could add to it.

I thank everyone who has been extremely helpful throughout this crappy ordeal and appreciate every single one of your inputs. Hopefully i make it out with success.

Boat_to_Bolivia

Mrscompliant said:

I think i am ready but i am still trying to recover.

I thank everyone who has been extremely helpful throughout this crappy ordeal and appreciate every single one of your inputs. Hopefully i make it out with success.

Good luck for tomorrow