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Claim form / County court business centre

1356714

Comments

  • UltraRevenge
    UltraRevenge Posts: 107 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Bump.............
  • Umkomaas
    Umkomaas Posts: 42,261 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Bump.............
    Please do not 'bump' threads as MSE don't like it and you could end up with a suspension. 

    In order to get your thread up the list, simply post what it is you are requiring advice on. Just posting 'bump' means we have to chase back to try to determine why you are 'bumping', and having done so, I'm not clear exactly what it is you may be wanting to ask. 

    Have another go please. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • UltraRevenge
    UltraRevenge Posts: 107 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Hi Umkomaas. Thank you, and apologies I wasn't aware 'bump' isn't liked.  I was looking for advise on now to challenge / defence my case, as detailed in my posts. 

    I received a parking ticket for parking in a disable bay. Ignored all letters from them, and now have a court summon.  Was hoping I could be guided in how to defend my case. Thank you 
  • Umkomaas
    Umkomaas Posts: 42,261 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    It's difficult to find any defensible reason for using a disabled bay when there is no entitlement to do so. We don't have miracles sitting under the counter here. 

    Looking at the PPC and their solicitors, the best that I would hope for is to string this along in the hope that they discontinue. UKPC have done a lot of huffing and puffing over the past few months, but I don't recall many (if any) full blown court cases. 

    Even if it goes the full way and you lose in the court, it's likely that the cost award against you will be around £60 lower than settling now. 

    Follow the NEWBIES FAQ Announcement, second post, to guide you through the court process to the hearing. 
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • UltraRevenge
    UltraRevenge Posts: 107 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Thanks you Umkomaas :smiley:

    wish I had just paid the £60 or so back then! 

    Will try and put up some sort of defence. Appreciate your response. :smile:
  • Le_Kirk
    Le_Kirk Posts: 23,342 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    As I have said all along, notwithstanding that it was unwise to park in a disabled bay without the proper reason, your defence is the same as anybody else's: -
    1.  Unclear signage
    2.  Markings on the road faded or otherwise unreadable
    3.  No authority to issue PCNs or take motorists to small claims court
    4.  Was unloading/loading - only if true
    5.  Did have a permit/blue badge but it slipped - only if true
    6.  Broken down - only if true
    7.  Some other reason, after all, only you know why you left your vehicle there.
  • UltraRevenge
    UltraRevenge Posts: 107 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Le_Kirk said:
    As I have said all along, notwithstanding that it was unwise to park in a disabled bay without the proper reason, your defence is the same as anybody else's: -
    1.  Unclear signage
    2.  Markings on the road faded or otherwise unreadable
    3.  No authority to issue PCNs or take motorists to small claims court
    4.  Was unloading/loading - only if true
    5.  Did have a permit/blue badge but it slipped - only if true
    6.  Broken down - only if true
    7.  Some other reason, after all, only you know why you left your vehicle there.
    Le Kirt. Thank you so much for your response. 

    Can I ask if they use video evidence? I ask this to know how they can establish if someone is being truthful.

    Thank you 
  • Le_Kirk
    Le_Kirk Posts: 23,342 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Some car parks use ANPR but that only takes pictures of your number plate, other car parks use CCTV.  If you can revisit the car park (on foot) you can see which they have.  Do not consider telling porkies in your defence and especially not if you cannot defend what you say in front of a judge - severe penalties that way lie!
  • UltraRevenge
    UltraRevenge Posts: 107 Forumite
    Tenth Anniversary 100 Posts Name Dropper Combo Breaker
    Thanks. I still use the carpark for when I go shopping. It has cameras, but I reckon these are for for security purposes. No ANPR signs. I received a physical ticket on the windscreen. 
  • Umkomaas
    Umkomaas Posts: 42,261 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    UKPC use ANPR cameras (but they can't monitor disabled bays, just vehicle entry and exit to/from the car park). They also use foot patrollers who monitor disabled bay abuse, parking on hatched areas, wheel(s) over bay-differentiating white lines etc. No one will have video evidence ...... but please don't see that as an opportunity to wriggle out of this with a lie.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
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