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Dispute Resolution Hearing - focus of my appeal

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dave18
dave18 Posts: 26 Forumite
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Hello, I will be attending a dispute resolution hearing in a months time, for a PCN. on grounds of not being a customer of the premises (I was) and photos show me leaving and renentering the site as went to withdraw cash before visiting cash only shop on the premises. I did not overstay my time limit. I attended a DRH last year, where the arbitrator glossed over minutae of parking legislation and won as arbitrator felt claim of parking outside white line was overbearing given the tight spacing of the parking site. 

What should I focus on at this hearing as the only evidence provided by the parking company are photos showing me leaving and entering the parking site on foot. The issue I have is have no receipts from the premises I visited. Any advice?

1) Euro Parking Services is claimant
2) Tesco Express car park, jewellery quarter Birmingham 
3) Signage says "for customers whilst you remain on the property"
4) Crossed zebra crossing to withdraw cash from atm opposite car park,not on premises.
5) Appeals used to now using model responses, focusing on signage and was customer of cash only shop on premises 

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  • DE_612183
    DE_612183 Posts: 1,956 Forumite
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    Which Car Park?
    Which Car Parking Company?

    What happened when you complained to the Landowner?
  • Half_way
    Half_way Posts: 7,090 Forumite
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    Who is supplying this:
     attending a dispute resolution hearing




    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Fruitcake
    Fruitcake Posts: 58,359 Forumite
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    Surely there are photos of the vehicle in question, not just photos of a random person entering and leaving on foot.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • Brie
    Brie Posts: 10,386 Forumite
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    surely the focus of an appeal should be how poorly the signs show the details of the "so called" contract which says the driver of the car can't leave the site. 

    What if the driver doesn't leave the site but their passenger does?
    "Never retract, never explain, never apologise; get things done and let them howl.”
  • Fruitcake
    Fruitcake Posts: 58,359 Forumite
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    edited 9 May at 4:41PM
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    Brie said:
    surely the focus of an appeal should be how poorly the signs show the details of the "so called" contract which says the driver of the car can't leave the site. 

    What if the driver doesn't leave the site but their passenger does?
    In addition, was the site boundary defined on the signs by words or a map? Some signs just state parking is for customers only, which the OP appears to have been. Some however state customers only whilst on site, which is where the query about define the boundary comes in. 
    There's also the question about the PPC being required to mitigate their loss by warning a driver not to leave the site rather than taking a photo' of them afterwards.
    I married my cousin. I had to...
    I don't have a sister. :D
    All my screwdrivers are cordless.
    "You're Safety Is My Primary Concern Dear" - Laks
  • dave18
    dave18 Posts: 26 Forumite
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    1) Euro Parking Services is claimant
    2) Tesco Express car park, jewellery quarter Birmingham 
    3) Signage says "for customers whilst you remain on the property"
    4) Crossed zebra crossing to withdraw cash from atm opposite car park,not on premises.
    5) Appeals used so now using model responses, focusing on signage and was customer of cash only shop on premises
  • KeithP
    KeithP Posts: 37,897 Forumite
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    dave18 said:
    ...photos show me leaving and re-entering the site as went to withdraw cash before visiting cash only shop on the premises. 

    ...the only evidence provided by the parking company are photos showing me leaving and entering the parking site on foot.
    Do they have any evidence of 'me' being the driver?

    Have you identified yourself as the driver in any appeals?
  • LDast
    LDast Posts: 158 Forumite
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    dave18 said:

    ...and photos show me leaving and renentering the site as went to withdraw cash before visiting cash only shop on the premises.
    Ask yourself this... how do they know the individual in the photo is you? Do you think that you, as a private individual, could take a phot of a random person in the street and then identify that person from the photo? How do you think you'd be able to do that?

    Unless, of course, you tell the PPC that the photo they have is, in fact, you and that you were the driver and therefore liable for the charge.
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