Napier Parking - Aggressive Letter

RaptorBlue

@Snakes_Belly yes i would certainly ask for time and make it a very slow drip, drip payment

@Coupon-mad that makes sense, hopefully the judge will see there is doubt and not tlike the aggresive way they have dealt with this. I may well do as you say, certainly defend as keeper, depending on how thigs go i may have my son there or just keep him completly out of it.

I suppose now its a waiting game to see if they take it to court, with the courts apparently still backed up this seems like a total waste of court time, but if they do i will jump back on to go to the next steps with you guys. Thanks

Snakes_Belly

@Snakes_Belly yes i would certainly ask for time and make it a very slow drip, drip payment

I think that you have misunderstood my comment. Perhaps I was not very clear.

If the hearing went against the defendant then the court would order you to pay the sum of the judgement in full by a certain date usually about 28 days from the hearing. If you undertake a payment plan my understanding is that it would still be recorded as a CCJ until it became satisfied when it would be marked satisfied. That would be on your credit record for 6 years. If you pay in full within the timescale (usually about 28 days) then you will not incur a CCJ. 

There is time before you have to produce a defence to think about how you want to proceed.

Is there any CCTV in the area that the driver  parked that may show them buying a ticket and placing it on the dashboard?  
 

Snakes_Belly

Tesco would have CCTV. I don't know how long they would keep their records for. It would be good if you could capture the driver obtaining a ticket and placing it on the dashboard on CCTV. 

RaptorBlue

@Snakes_Belly yes thats a good point, if it comes to that then Id pay within the 28 days as wouldnt want a CCJ against my name but lets hope it doesnt come to that!

I did think of that but its been 6 months and Id be very surprised if they kept any CCTV if they have it for more than 3 months tops accoridng to my other half who works in data, worth an ask but I think highly unlikly now, thanks for the thought though.

Umkomaas

CCTV doesn't follow the steps of every customer/motorist coming in and out of the car park and would normally be pretty low quality and unlikely to have the detail to see a ticket being placed on a dashboard. 

Then, you'd need to persuade Tesco that they should deploy a staff member to scroll through hundreds of frames of video, looking for someone they don't have the foggiest about what on earth they look like. Forget it, they won't help you!

RaptorBlue

@Umkomaas indded, I had np lans to apprach them anyway, this will be won/lost in court in front of a Judge, they will belive them or me, simple as that.

95Rollers

Umkomaas said:

CCTV doesn't follow the steps of every customer/motorist coming in and out of the car park and would normally be pretty low quality and unlikely to have the detail to see a ticket being placed on a dashboard. 

Then, you'd need to persuade Tesco that they should deploy a staff member to scroll through hundreds of frames of video, looking for someone they don't have the foggiest about what on earth they look like. Forget it, they won't help you!

The average data retention period for cctv seems to be around 28 days.  Some places its less. Plus the cameras are only like to stretch to the shops themselves and the immediate area outside. Staff would also be unlikely to disclose it as it doesn't meet the criteria for crime prevention or detection. So the parking company definitely won't have it. But its worth mentioning you've considered this option in your court  statement should it ever go thst far. But its unlikely that your purchase and depositing of the ticket would have been captured in the camera's range.  

Why did they not stick a ticket or note on your car at the time instead of leaving it 2-3:weeks?!? I would be pursuing this angle in particularly. Of course you'll dispose of a ticket if you have no cause to believe there was ever an issue of contention!

Snakes_Belly

It was night at the time of the alleged transgression and in the images the interior of the car is quite dark. I don't know how easily a ticket would show up on a nightime image.

RaptorBlue

@95Rollers your last point is crucial, its obvious why, they want you to dispose of any evidence that you parked, especially if you used old school money as opposed to a card. They then say in an email that proof after the event isnt good enough anyway (which im not sure is legal or just there own T&Cs) but its clear they want you to dispose of any proof and then 2-3 weeks later hit you with a PCN out the blue....as you say something else to bring up in any court hearing as something thats not transparent nor fair.

@Snakes_Belly i think going down the line of the angels of the phots, that it was dark and that in one you can see something on the dash is my way to go if it gets to court. That there is no direct shot from the driver winfow staright to the dash seems odd, thats the most obvious one yet its missing or taken in such a way that you cant see the part of the dash nearest the window where the ticket was put.

I could easily show a judge, I put a bit of paper of the dash, take loads of shots but none show it...then take one shot that can clearly show it, its not hard and certainly is not beyond what these parking companies do...i would hope a Judge would at least consider that in some cases the camera does lie!

Snakes_Belly

The ticket machine only takes cash. There is no other means of payment and no means of payment that would create a trail.