Fake photos supplied with PCN

mollygog777

Thank you, I’m not worried about that, and wouldn’t know how to delete it, and start again 

Johnersh

Ok so the particulars probably do accurately reflect the PCN.

There is a technical argument that the claim form is defective (CPR PD 16 2.1)

A PO Box is not the valid registered company address nor is it (nor can it be) the solicitor address, so lord knows who has access to it.

Smith v Marston Holdings Ltd.

mollygog777

If there are NO bays at all, surely having a permit or not would make no difference, as sign says permit, in bay? I’ve asked Spring Parking for permit at least 10 times, told land owner would be in touch, it never happened, last phone call was told, there’s probably no spaces available, there are NO designated spaces/ bays so this makes No sense, No cars have permits, and there’s at least 20 cars that regularly park,  so it must be a money making scheme on behalf of landowner

Johnersh

@mollygog so you argue that the contract per the sign was impossible to perform as they neither had parked bays nor issued permits when reasonably requested, if that is your case.

You are not being sued for failure to mark in a bay, so that point is perhaps illustrative rather than a case winning point on its own.

mollygog777

That’s my problem, how can I be sued for not having a permit, if the t&cs say in Bay with permit. Surely there should be a sign at beginning of road saying permit only if that was the case. That’s another issue anyway NO sign at entrance to area in any case. Thank you so much for all your help! 

mollygog777

My other worry is they supplied photos, not timed or date stamped, of a completely different area, with a sign on entrance gate and parking bays, will the judge see these? POPLA declined my appeal because of them

Coupon-mad

mollygog777 said:

My other worry is they supplied photos, not timed or date stamped, of a completely different area, with a sign on entrance gate and parking bays, will the judge see these? POPLA declined my appeal because of them

The Judge will see it's not the same area if you (later) show that in your photos in a few months' time at WS stage. But that is jumping the gun. One step at a time.

I'm worried you have received lots of good advice including Johnersh's technical point about Spring Parking using a PO Box and you need to pull it all together now and show us your draft defence facts paragraphs.

mollygog777

Do I have to write my defence in technical language, I have read the PO Box case, Smith v Marston Holdings Ltd. but wouldn’t know how on earth to use it, in my case, it’s all a foreign language to me! 

mollygog777

I’ve been reading the BPA guide private management on private land. It states signs must be at beginning of site. The entrance to the road has No signs either end, the first sign is at least 100 metres plus past the entrance. And there’s only 2 signs which are  not very noticeable. I think the contract on the sign is Must be in designated bay with a permit, so if there are No bays, and the company after numerous attempts, won’t supply a permit, do you think this would be enough defence on its own? 

Coupon-mad

mollygog777 said:

Do I have to write my defence in technical language, I have read the PO Box case, Smith v Marston Holdings Ltd. but wouldn’t know how on earth to use it, in my case, it’s all a foreign language to me! 

You just write what Johnersh put as one of your paragraphs.  Please show us your draft facts paragraphs.