Napier Parking - Aggressive Letter

Coupon-mad

It's in the New Government Code (Feb 2022) but that isn't retrospective and is currently suspended, pending Impact Assessment of some clauses.

RaptorBlue

Hi @Coupon-mad thats interesting, do you have a link?

While my issue was November 2021 I could still refer to the new code in any court case to show the Judge that just a couple of months later what they did would have been against the new code (suspended or not) that show what they have done is purely about extorting money.

patient_dream

RaptorBlue said:

Hi @Coupon-mad thats interesting, do you have a link?

While my issue was November 2021 I could still refer to the new code in any court case to show the Judge that just a couple of months later what they did would have been against the new code (suspended or not) that show what they have done is purely about extorting money.

You can search the forum for your answer
There is no link to the forthcoming consultation

The new consultaion unlike the last one where 99% of the public did not have a clue. 
This time we will get to millions of motorists to complete the consultation

Coupon-mad

The Private Parking Code of Practice published by the DLUHC in February is in the public domain and needs no link.

As well as being easy to Google, it is nothing new here on this forum. It features in the template defence and every Witness Statement here, and has been discussed here endless times, including when temporarily withdrawn in June.  It remains stalled.

RaptorBlue

@Coupon-mad ok well I can pick up as/when needed for that defense statment, by then it might have started moving again, but even if not maybe worth including just to put in front of a Judge that its something thats being looked at even if not law/statute yet. I suppose now i wait until BW Legal make there next move. Thanks

Jenni_D

If there's a claim filed and you've done an AoS, then you'll have a deadline for submitting your defence ... you can't miss that.

Apologies if I'm misunderstanding.

RaptorBlue

Hi @Jenni_D no its not got to that point yet, I have the letter before action but no court papers yet.

Coupon-mad

The template defence does already tell Judges about the intentions of the new CoP and Neil O'Brien's words about banning the extortion of the added 'fees'.

KeithP

MothballsWallet said:

95Rollers said:

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!

Going back to when I worked retail at a Morrisons petrol filling station (and going off my memory), the Police can request CCTV to be kept from a certain date if they're investigating a crime at a location.

What's the relevance of that?

a) the parking event was back in February - the cctv images will be long gone.
b) why have you mentioned the police?
c) there has been no crime.

Fruitcake

RaptorBlue said:

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!

This is what I would do if/when it gets to Witness Statement stage. You have the photo referred to by Snakes Belly that looks like a paper ticket is on the dashboard just above the reflection of the nearside door mirror. Circle the "ticket", blow the image up and circle it again, then place your own "ticket" in exactly the same place before taking a series of photos to show it can be seen from several angles, but not the ones used by the claimant.