Parking Eye PCN @ MK Marina - Current Stage: LBCCC Received

Wadger2024

Good Evening All,

Just wanted to put an update in. 

I today went back to MK Marina and managed to get an audio recording of the staff refusing me access to the parking registration terminal.
I just acted as if I had parked to use the launderette.

From what I understand, as this is a personal recording, this will be admissable if I transcribe it and put a statement of truth on it?

I also got permission from them verbally to take images and video of the terminal location, which conveniently had a closed half door with "no entry" written on it haha. 


I plan on issuing parking eye the standard (non parking eye) LBCCC response as per the forum guide, stating I have evidence this registration machine is not freely accessible, as argued by parking eye and POPLA. Of course attaching a copy of the image and video. 

I am going to request the 30 days for debt management advice, simply because I have had shoulder surgery and typing up a defence now would be a pain. Plus anything to prolong/delay parking eye 😂

To clarify, MK Marina were quite friendly, but would not get involved any further than this.. I tried to persuade a cancellation, but I settled for the images etc as it was clear they were not going to budge.. 

Thanks as always for the ongoing support! 

Coupon-mad

Yes do that but also send PEye the audio recording which you obtained in good faith.

Tell them to cancel the PCN or you will use the three pieces of evidence in court. A term requiring you to enter your reg on a screen that was not accessible to you was void for impossibility. Therefore there was no breach of a 'relevant obligation' nor contract and no legitimate interest to support the charge. 

Wadger2024

Good Morning All, 

Following my sending the evidence and my modified LBCC template, I have now received a reply as below. 
My main two takeaways from this are that they ignored the request for an additional 30 days as well as the two direct questions 🤷 

Any advice at this point? 

Thanks as always! 

KeithP

Wadger2024 said:

Good Morning All, 

Following my sending the evidence and my modified LBCC template, I have now received a reply as below. 
My main two takeaways from this are that they ignored the request for an additional 30 days as well as the two direct questions 🤷 

Any advice at this point? 
Thanks as always! 

Not sure how you know that they have ignored your request for an extra 30 days. They have no obligation to confirm that - only time will tell.

Advice? Wait patiently for a Claim Form to drop through your letter-box and deal with it as described in the second post of the NEWBIES thread.

LDast

If they’ve not responded to any questions that require further information you can write back and request again. However, this time, reference their obligation to provide answers under CPR 18. Advise them that failure to provide the information and should they then issue a claim in the county court, you will be at liberty to apply to the court for an order compelling them to answer and that they will be liable for the costs of any application.

Wadger2024

KeithP said:

Wadger2024 said:

Good Morning All, 

Following my sending the evidence and my modified LBCC template, I have now received a reply as below. 
My main two takeaways from this are that they ignored the request for an additional 30 days as well as the two direct questions 🤷 

Any advice at this point? 
Thanks as always! 

Not sure how you know that they have ignored your request for an extra 30 days. They have no obligation to confirm that - only time will tell.

Advice? Wait patiently for a Claim Form to drop through your letter-box and deal with it as described in the second post of the NEWBIES thread.

Thanks for the reply Keith. 
I only mentioned they ignored the request, as they referenced a 14 day period to pay.
I assume this is not relevant as it's not a claim at this point? 
Just another threat from parking eye.