Set-Aside Hearing Tomorrow....need help!

Chloe_Meow

@Coupon-mad, "Template Defence" do you mean your first post (26 February 2020 at 5:37PM edited 2 April at 6:18PM) with a Defence template on thread: Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 — MoneySavingExpert Forum"?

KeithP

Chloe_Meow said:

@Coupon-mad, "Template Defence" do you mean your first post (26 February 2020 at 5:37PM edited 2 April at 6:18PM) with a Defence template on thread: Template defence to adapt for all parking cases where they add false admin costs - edited March 2022 — MoneySavingExpert Forum"?

Yes, that is what is meant.

Coupon-mad

The PoFA para 4 is relevant only if you are saying in para 2 (truthfully) that you were not driving, or that it's honestly too long ago to know.

Chloe_Meow

C-M, 4 people including myself have access to the car and take it when the need arises. On that particular day in Jan 2021, I cannot be certain which of the 4 were driving. I myself have used that car park to do 3 point turns to go back on myself.I've observed many others doing the same because most of the roads coming off the Oxford Road are one way systems and the Oxford Road itself is so busy, it's impossible to turn your vehicle around. I've not asked any of the other drivers if it was them. I don't want to know. For myself, I don't use that car park, but I've done enough 3 pointers in it that I'm aware of some of the fixtures and fittings, likeall the signage at the entrance - a mosaic of advertisements from businesses located on the perimeter of the car park - impossible to read, the lack of lighting, the fact that there is another residential car park at the rear of the Claimant-managed car park, accessed through security gates, that the PPC does not manage. So,there is a possibility that one of the other 3 drivers were visiting the residential car pack and passed through the Claimant managed car park. Basically, there's a number of possibilities. Had I received the NTK in a timely fashion soon after the alleged incident, perhaps I'd be in a better position to establish who was driving at the time. So, my defence is that I cannot recall.

Coupon-mad

Have you put all that (concisely) in the defence? 

Chloe_Meow

Not quite yet, but I think I've done a better job of explaining it here than in my draft, tutt!

Chloe_Meow

@Coupon-mad, I've just read a thread where your response to a question regarding ANPR not capturing the car being parked up, is not a defence. The ANPR images I have from the SAR, only show entry and exit of my vehicle about an hour apart. My defence was going to be that the images are misleading and presumptious that the vehicle was parked in the car park for that duration. So, is that not a defence?

Coupon-mad

No it's not a valid defence.

On the balance of probabilities, unless you left and returned (2 visits) then the car was parked for most of that hour.

The ParkingEye v Beavis case (heard at the highest court on the land) was about an ANPR 'free for 2 hours' car park and the £85 PCN was enforceable. 

That's a binding precedent on Judges but it doesn't mean all cases are killed by it (far from it). But that argument you mentioned has no legs and nor does saying the £100 is extortionate / no loss was caused.  Those arguments are dead.

Chloe_Meow

Thanks for voicing that opinion.C-M, you've confirmed what I suspected about how it sounds. And the truth is, on some days there were 4 visits, my point of interest being 300m away along the Oxford Road. That is why in my SAR, although futile, I insisted upon as much data as possible from the ANPR camera, logs etc. I want them to show me I was parked up which they can't, even if they had rolling camera footage. I concur with you on the balance of probabilities and that's why I'm anxious about my truth not sounding like the truth and it frustrates me.

Coupon-mad

Ah, do you MUST CLEARLY STATE in your defence that these were short return visits wrongly treated as one; a well-known default 'first/last' image in 24 hours flaw of privately operated ANPR cameras, that even the BPA have warned about:
https://www.britishparking.co.uk/ANPR

"As with all new technology, there are issues associated with its use:

a)    Repeat users of a car park inside a 24 hour period sometimes find that their first entry is paired with their last exit, resulting in an ‘overstay’. Operators are becoming aware of this and should now be checking all ANPR transactions to ensure that this does not occur."