private parking ticket - county court claim stage / questions regarding BPA's code of practice

KeithP

Whilst it is great that you are collecting evidence, none of that is relevant at this stage.

You really should be focusing on creating your Defence.

It is now eleven days since your last post and I fear you are concentrating on the wrong stuff.

Le_Kirk

blackmasked said:

Also there they claim they have no record of me entering or leaving the cark park on that faithful fateful day.

I'm a bit conflicted whethey whether or not I should be using this as part of my defence. Should I, or would I be incriminating myself?

If/when you get around to writing your defence it is important to cut out all the spelling and grammatical errors so that the judge knows what you are writing about.

blackmasked

Thank you for your input.

To be honest I don't know what defence to go with as I don't want it to sound like 'my dog ate my homework'.

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

3. The driver was parked at xxx as a legitimate visitor to a store adjacent to the car park. When the driver arrived at the location and entered the store to obtain a permit, he was told no permits were available. That's due to the fact that a number of permits were borrowed by visitors, but never returned, thus creating a shortage of said permits. Subsequently the store changed its policy and now requires shoppers to exchange the permit for something of value, i.e. driving licence.

Is that good enough? Are store policy changes relevant or should I get rid of it?

What about the fact that the parking attendant might have started enforcement a bit too early? Can I use that I would that be seen as pure speculation?

I assume that everything else will be exactly as it is in the template.

Apologies for asking silly questions, but all this legal stuff is new to me, and just reading the template made my head spin.

Coupon-mad

"...now requires shoppers to exchange the permit for something of value, i.e. driving licence."

Do what? I think this is worth stating but needs explaining more clearly.  Where does a motorist's Driving licence come into it, that would be hugely excessive data capture by a shop!

Yes that's all good if you explain what you mean about the driving licence, which seems a shocking policy!

And yes: add an extra numbered paragraph saying that the PCN was issued with haste and allowed no grace period to fetch a (non-existent) permit.

blackmasked

If you want a permit, you have to exchange it for some form of ID. In my case, it is always my driving licence. Once you are done shopping, you return your permit and you get your licence back. Permits they give out are the same kind as what residents of this building use.

When it comes to PCN being issued too hastily, it is something I suspect, not something I can prove. It is based on what I've seen and recorded recently, when an amazon driver got done after 2 minutes of parking there. Should I even bring it up considering this section of the defence is known as 'the facts as known to the Defendant'?

Would it be worth adding that the penalty for free parking feels a bit excessive and the fact that I was there for a total of 9 minutes, or should I just stick to the template? I have dash cam footage to prove how long I've been there.

Coupon-mad

"Would it be worth adding that the penalty for free parking feels a bit excessive?"

No. that argument went out with the Supreme Court case of ParkingEye v Beavis in 2015.

If you want a permit, you have to exchange it for some form of ID. In my case, it is always my driving licence. Once you are done shopping, you return your permit and you get your licence back.

That is hugely excessive data capture!  Never heard anything like it in a shop; that is terrible and probably against the DPA 2018.

Are they holding all this ID securely (LOCKED AWAY) and are they registered with the ICO? Doubt it. This is seriously unsafe due to all the info on a driving licence. Do you know what a scammer can do with your licence data if it fell into the wrong hands?

I'd report data concerns about the shop's policy and insecure handling by the various shop staff, of a LOT of shoppers' data.

Are there 9 minutes between the PPC's photos?

blackmasked

9 minutes between me parking the car and me leaving the car park, as shown on my dash cam footage.

Parking company claims they have neither CCTV nor ANPR covering this site.

All of these IDs are just sitting in a little plastic tray behind the counter.

Trainerman

blackmasked said:

When it comes to PCN being issued too hastily, it is something I suspect, not something I can prove. It is based on what I've seen and recorded recently, when an amazon driver got done after 2 minutes of parking there. Should I even bring it up considering this section of the defence is known as 'the facts as known to the Defendant'?

It seems to me that there is a point to made, as given the 'system' in place, there needs to be time at the start of the visit to go and collect the permit, and equally so when you have to take it back. If, as you say, a ticket is produced after only two minutes, then that is surely entrapment as not being allowed time for collection or return of permit.

Coupon-mad

So anyone can potentially (when the assistant's back is turned) pick up your ID from that plastic tray...I know this isn't the fault of the PPC but the shop is almost certainly in breach of data laws.

What is the span of minutes between their images?

blackmasked

Coupon-mad said:

So anyone can potentially (when the assistant's back is turned) pick up your ID from that plastic tray...I know this isn't the fault of the PPC but the shop is almost certainly in breach of data laws.

What is the span of minutes between their images?

Getting hold of someone's ID wouldn't be that hard to do.

Less than two minutes between first and last picture. Assuming that they've given me everything they have.