Baysentry Solutions Notice to Keeper - Ancoats Manchester Urban Exchange

Tabz123

Coupon-mad said:

The markings looked like a bay as well, white lines with extra extended marks framing it, for a wider bay?

Difficult to say, however the mixed lines definately give cause for confusion. 

Coupon-mad

Which is what I meant about ambiguity.

Tabz123

Coupon-mad said:

Which is what I meant about ambiguity.

Based on the above, I wil submit the appeal to Bay sentry and include a copy of the disabled badge/ However, if this goes to court, in your opinion what are the success chances ?

KeithP

Tabz123 said:

Coupon-mad said:

Which is what I meant about ambiguity.

However, if this goes to court, in your opinion what are the success chances ?

Not that it counts for a lot, but in my opinion, because it is clear that the white bay markings have been superseded by the yellow hatching - i.e. the white line markings have been painted over by the yellow lines - then it is clear that the white lines are now of no significance. 

Coupon-mad

I doubt it will as they are small fry, not known for litigation.

We expect a 99% win likelihood (including discontinuations) when people defend and follow all our advice.  That's the norm here since 2016 and it's a no-brainer to defend such a case, no risk, etc!  Bring it on if they want to try.  If you move house you MUST tell them your new address within six years, if this is still unresolved.  Never leave a PPC holding an old address.

Tabz123

This was the appeal I went with in the end......

I dispute your 'parking charge', as the keeper of the vehicle. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.

There will be no admissions as to who was driving and no assumptions can be drawn. Since your NTK is a vague template, I require an explanation of the allegation and your evidence. You must include a close up actual photograph of the sign you contend was at the location on the material date as well as your images of the vehicle; with both the accompanying sign and the vehicle being present in the same frame to denote that there was a relevant sign within a reasonable distance of the vehicle. 

Your allegation is that the vehicle was not parked in a designated zone. However, the vehicle was parked in this larger space as a consequence of having a disabled passenger and therefore they would have been unable to disembark from the vehicle had it been parked in any other marked bay. The reason the vehicle was parked in the location it was, is because all other marked disabled bays were occupied. Please see blue badge image attached.

Furthermore, there were no contractual or prohibitive signs visible within a reasonable distance in this multi-storey parking section. Furthermore, you have proceeded to issue me with subsequent NTKs as the registered keeper of the vehicle even though the vehicle was not presented with any PCN and therefore with no prior notification of any such 'infringement'. 

The lack of appropriate signs and the lack of the presentation of an appropriate PCN, all pertain to the fact that the claims you make are ambiguous. You will note that ambiguity under the CRA 2015, must be interpreted in the way that most favours the consumer.

As the registered keeper of the vehicle I have taken time stamped photos of the entire bottom section of the car park. Please note that this matter if not resolved will be defended up until matters are brought forward before the courts.

As the registered keeper of the vehicle I have enlisted the aid of Penn Faraday Solicitors. 

If you should wish to review previous matters that have been defended by myself as the registered keeper of my vehicle please refer to case law: Tabraiz Riaz vs ES Parking Ltd

Tabz123

As expected Bay Sentry rejected the appeals. 
I had 3 on 3 seperate tickets

Umkomaas

please refer to case law: Tabraiz Riaz vs ES Parking Ltd

Can't find that.  Do you have a transcript of the case?  Can we see it, or a link to it?

If you mean you beat an ES Parking claim at the small claims court, no 'case law' emanates from that. It's not going to make a jot of difference to BaySentry!

Tabz123

Umkomaas said:

please refer to case law: Tabraiz Riaz vs ES Parking Ltd

Can't find that.  Do you have a transcript of the case?  Can we see it, or a link to it?

If you mean you beat an ES Parking claim at the small claims court, no 'case law' emanates from that. It's not going to make a jot of difference to BaySentry!

Thats correct. I thought it might be available to download. But yes thats what I meant. I beat ES in court. 

Coupon-mad

OK, but do not call it 'case law'.