UKPC lies (again). I won! Judge struck out the claim!

mmmatt

Hi all,

Already beaten UKPC once on this site.  They withdrew before POPLA (seem my previous post).  But now they have put up an ANPR camera, so we got a postal NTK.  Location was wrong again.

Used exactly the same template as before, but appeal generic refusal (surprisingly)

I've written out my POPLA appeal, would anyone be so kind as to just cast a quick eye over it and make sure it looks okay?

Before anyone says about appealing to landowner...there isn't one.  The place the car was parked has no info on the Land Registry.  (I'm assuming its because its a church?).  The other properties around are all freehold buildings and flats.  The road is an unadopted one I believe.

I also found out that no planning permission was obtained to erect an ANPR pole!

Coupon-mad

I'd remove points 6 and 7.

And add in some (date embedded into the image) photos showing whole areas with no signs in view.  This is key at POPLA.

mmmatt

Thank you Coupon-mad, I will remove those parts.

Out of interest, is this relevant/applicable?

The NtK is stating "registered users only" 

"The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. To claim that a contract to park was created with non permit holders when it was expressly forbidden is perverse. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner."

Coupon-mad

Not for POPLA I'm afraid. Only for court.

exongrad

Is it possible to see the case reports for the three cases ? -  PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] –
  are they county court cases which can be searched. I have tried and had no luck.

Umkomaas

C_L_S_Henderson said:

Is it possible to see the case reports for the three cases ? -  PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] –
  are they county court cases which can be searched. I have tried and had no luck.

If you place 'Parking Prankster' in front of each case reference into Google, you might get some more information (although not necessarily the court transcript), as in the one I've done for you below:

http://parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

exongrad

Thank you Umkomaas. I greatly appreciate all the work you and other stalwarts  do on this forum. I just worry a bit if I used the three cases in court that the judge would ask for specific authorities/case reports. As I understand it the three case were fought before a deputy District Judge. I think this means that the rulings are not binding on other judges but have some persuasive force.

B789

C_L_S_Henderson said:

As I understand it the three case were fought before a deputy District Judge. I think this means that the rulings are not binding on other judges but have some persuasive force.

In theory, they could be persuasive. However, In general, a decision made by a junior district judge would not be persuasive on a more senior district judge within the same court. The principle of hierarchy in the legal system extends to the court's internal structure as well, and judges within the same court are expected to adhere to the decisions of their more senior colleagues.

Seniority in the legal context is often linked to experience and the position a judge holds within the court. A more junior district judge would typically have less experience and authority than a senior district judge. As a result, the decisions made by more senior judges within the same court are generally considered to carry more weight and influence compared to those made by their junior counterparts.

However, this does not mean that junior district judges' decisions are entirely irrelevant or without merit. While not persuasive within their own court, junior judges' decisions can still contribute to the body of legal knowledge and be relevant in other ways. They may be cited or referenced in arguments, and they could potentially be persuasive in different courts or legal proceedings where the hierarchy is different.

Coupon-mad

They are not persuasive.

Le_Kirk

Your paragraph 2# states "there are no signs" yet your paragraph 8# "The signs fails to transparently warn drivers..."  You need to make it clear to the POPLA assessor specifically which sign(s) you are talking about.

1505grandad

You should be using/quoting BPA CoP version 8  -  some para numbers different.