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Forbury Retail Park UKPC, DCB Legal ticket

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Comments

  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 18 May 2023 at 1:37PM
    Your paragraph 2 effectively says you don't know who was driving, so how can you say in paragraph 3 that the driver went shopping?

    Either you know who was driving or you are guessing at why the vehicle was there. Guessing is not a good idea.
  • Dontpay
    Dontpay Posts: 53 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    i honestly dont remember whether it was me or my partner who was driving.. thats why.. what if i say it wrong and they produce some evidence.. 
    i said we went shopping in para 3 because there is no other reason we will go to that retain park. we very rarely go there and shopping is the only reason we go there.. thats why i was sure we went shopping. 
    should i change it and say
    "I was the driver (in para 2) and i went shopping"
  • Umkomaas
    Umkomaas Posts: 43,569 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    what if i say it wrong and they produce some evidence.. 
    All the evidence they intend to rely on must be produced as part of their evidence bundle alongside their Witness Statement. They can't pull any rabbit out of a hat at the hearing (....... especially as there won't be any hearing anyway !). 
    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
  • Le_Kirk
    Le_Kirk Posts: 24,783 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    You need to tell the truth - what are you going to say if the judge asks you if you were driving?  Is the PCN non-POFA compliant such that liability cannot be transferred to the keeper? What @KeithP is suggesting is, if you are going to claim to not be the driver on the day, then your defence cannot have details that only the driver would have!  You might state that "upon receipt of the PCN, the keeper carried out some research and has determined that the vehicle was being used that day by another driver who has stated that they were at the stated car park."
  • Coupon-mad
    Coupon-mad Posts: 154,047 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    You could just adapt the one posted yesterday by @GolfR12
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Dontpay
    Dontpay Posts: 53 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker
    Thanks @Le_Kirk @Umkomaas for your comments.
    @Coupon-mad - saw the post from @GolfR12
    will update accordingly
  • Dontpay
    Dontpay Posts: 53 Forumite
    Seventh Anniversary 10 Posts Name Dropper Combo Breaker

    Updated key points here for review.. rest i have used the template and checked with @GolfR12 version

    2. It is admitted that on the material dates, the Defendant was the registered keeper of the vehicle in question. It is unknown who the driver of the vehicle was on the dates of the claimed PCNs, given these date back to 2020.

     

    3. The Defendant does not recall receiving any ‘pre-claim’ correspondence from the Claimant.

     

    4. The Defendant does not recall why the vehicle was at the claimed site of the PCNs. The Defendant recognises the site as a retail park, which the Defendant attended occasionally.

  • patient_dream
    patient_dream Posts: 3,970 Forumite
    1,000 Posts Fourth Anniversary Photogenic Name Dropper
    UPDATE ON FORBURY CAR PARK, READING

    I used Argos on the site yesterday.  Before, I said that in the main car park, it was managed by UKPCM but the whole site is now UKPC.

    So now there are rubbish unreadable UKPC signs on poles you need a step ladder to reach and read

    Two things that have not changed since the OP's ticket in 2020

    THIS PICTURE OF THE MCDONALDS ENTRANCE ...

    NO ENTRANCE SIGNS with only a sign on a lampost within the car park.   Another unreadable sign.

    And look to the left, this is the main entrance to the main car park from the road, Kenavon Drive.
    Again, unreadable when driving in from the main road

    These signs or non signs have not changed since 2020 or before.   

    Where do DCBL get the crackpot idea that unreadable signs and non signs forms a contract ..... the mind boggles ???
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