N1SDT claim form received

drmasif

Coupon-mad said:

Doesn't make sense to say you "saw no signs", if you decided to pay.  You must have seen something to conclude that you had a fee to pay.

I meant no terms and conditions board but only sign saying pay on phone. No sign saying £100 fine or any board T&Cs. below are entrance boards and 2nd near payment machine.

 

drmasif

Le_Kirk said:

As you are using the @hharry100 defence, you should not give any details as it looks like you are defending more than you know about; suffice to say the car was parked there and paid for using a pay-by-phone app.  Also every paragraph requires a number.

Thanks will edit to take extra detail off.

Coupon-mad

Wow - that mishmash of signs badly clash:

1.  The blue/white one (might be from ParkingEye?) says 'tariff payable' but there's nothing to explain what/how and no GDPR wording nor any info or warning about ANPR/CCTV (a reasonable person would conclude: no data capture by them, then?).

2.  One discloses that landowner as the principal, and tells you that the camera surveillance is being used for 'safety' and 'assistance in ops management' (?)

3.  Then the green ones identify that these so-called safety cameras are in fact 'ours' (so says YourParkingSpace) and they are offering 'Public Parking'.

4.  And bottom left of the green sign looks like the place is managed by ParkMaven Ltd.

The above observations (plus that photo evidence later in the WS bundle) should win the case and see DCB Legal discontinue by the Summer.

drmasif

Thanks, 1st picture is from Google stree view (so may be a bit out of date) 2nd is taken by me last month. Should I add to the letter that it is not clear who is responsilbe for parking and should parking eye be taking me to court?

Coupon-mad

You aren't doing a letter.

Add my words to the defence facts section.

drmasif

Coupon-mad said:

You aren't doing a letter.

Add my words to the defence facts section.

Thanks. are you referring to your post https://forums.moneysavingexpert.com/discussion/comment/80716727/#Comment_80716727to add to the defence? Also I am not sure of how this looked at the time(2023)  of parking as street view is couple of years  early (2020-21) and my pictures are a year late.(2024)

Coupon-mad

Yes.  State that the Claimant has provided no evidence of signage, so the Defendant has had to do their own research which shows:  abcd

drmasif

V2 of Draft

3. The Defendant was visiting Newcastle University for an Interview along with his mother and parked the car in  HOTEL INDIGO NEWCASLTE UNDERGROUND parking.

4. There was a sign on entrance stating “ Tariff payable at machine or by phone on arrival” , so defendant  paid for using a pay-by-phone app.

5. Claimant has provided no evidence of signage, so the Defendant has had to do their own research which shows:

A.  Entrance sign (Blue-White) says 'tariff payable' but there's nothing to explain what/how and no GDPR wording nor any info or warning about ANPR/CCTV
B.  Entrance sign (Black) discloses that landowner as the principal, and tells you that the camera surveillance is being used for 'safety' and 'assistance in ops management'

C. Signs near machine (one  ) identify that these so-called safety cameras are in fact 'ours' (so says YourParkingSpace) and they are offering 'Public Parking', managed by ParkMaven Ltd

Coupon-mad

Just the typo to put right now.

FoxScully

drmasif said:

V2 of Draft

3. The Defendant was visiting Newcastle University for an Interview along with his mother and parked the car in  HOTEL INDIGO NEWCASLTE UNDERGROUND parking.

4. There was a sign on entrance stating “ Tariff payable at machine or by phone on arrival” , so defendant  paid for using a pay-by-phone app.

5. Claimant has provided no evidence of signage, so the Defendant has had to do their own research which shows:

A.  Entrance sign (Blue-White) says 'tariff payable' but there's nothing to explain what/how and no GDPR wording nor any info or warning about ANPR/CCTV
B.  Entrance sign (Black) discloses that landowner as the principal, and tells you that the camera surveillance is being used for 'safety' and 'assistance in ops management'

C. Signs near machine (one  ) identify that these so-called safety cameras are in fact 'ours' (so says YourParkingSpace) and they are offering 'Public Parking', managed by ParkMaven Ltd

ParkingEye Ltd were ditched as parking operator for Hotel Indigo Newcastle some time  in the past 12 months, I believe - hence the change of signage now they are using ParkMaven Ltd (green and white signs).

There is a sign just before the two entrances to the car parks (upper and underground) which I think should really help with your defence. Look on Google Street View for the Fenkle Street Parking black sign with white text thatr reads "Access to Hotel and Restaurant".

The beauty of this sign is that it's adjacent to the car parks and it's the first sign you see as you drive in. It contains a grammatical error that supprts your defence, specifically the line: 

"Have you paid via the machine or pay by phone?" 

It would be easy to assume this means the PayByPhone app, especially as no app, website, or phone number is stated on any of the signs near the entrance to the car park. None of the original entrance signs identify ParkingEye Ltd as the operator either.