Howard centre WGC

Coupon-mad

Because you don't have a winning point for POPLA.  However there is no harm in trying.

DjangoUnchained

Is the faulty pay machine not mentioning? 

Coupon-mad

Not at POPLA. Yes at court.

LoneStarState

Would you happen to have mobile phone location data that has adequately triangulated to a payment machine on that day?

DjangoUnchained

LoneStarState said:

Would you happen to have mobile phone location data that has adequately triangulated to a payment machine on that day?

I don't know  I'll ask the driver but that wouldn't prove the driver tried to pay?

DjangoUnchained

Coupon-mad said:

Not at POPLA. Yes at court.

Couple of years ago I successfully used an appeal copied on here, that was many pages long and mostly irrelevant but it worked  the parkos withdrew the claim. Is it worth submitting the 26 page appeal on the basis they have to answer every point and give up?

Gr1pr

DjangoUnchained said:

Coupon-mad, could you explain why you would not use popla? i thought it was always recomended for a couple of reasons 1) it costs them £30 to defend it.  2) It shows them you know the system and wont be a push over

3) if it did go to court it shows the judge  you are trying to be reasonable and trying to sort it out and not just ignoring them? 

 I understand it is biased and i will probably lose at popla but is there harm in trying? 

 in the event of losing im not bothered about going to court and facing them (even though its not my ticket, ie im RC not driver)

thank you

as mentioned by coupon mad and inferred by myself,  you as RK have no winning appeal point, hence why the replies reflect that point of stopping for the foreseeable future 

It may not get to court, usually doesn't, so I doubt that you would be facing anybody,  regardless of the facts in the case,  even if it did get to a hearing you would not be facing ECP, nor DCB Legal,  because neither would be there 

Being the RK but not the driver is not a valid defence point   ( it's not an appeal angle either,  hence why we are saying that you dont have a winning appeal point  )

If the RK doesn't dob in the actual driver,  its the RK that will bear the burden 

But yes that faulty machine   ( common problem   )  could sway a judge in your favour 

But any future money claim is likely to be discontinued before the court hearing fee needs to be paid , so playing the long game should work,  as seen in the discontinuations thread by Umkomaas,  around 660 and rising

DjangoUnchained

Hello again. As expected the RK has recieved what looks like a standard rejection letter to the appeal. They have included photos of signage and the machines as well as a log of car reg numbers for that day. The RKs car number is not amongst them, it wouldnt be as no payment was regesterd. The RK is panicking despite my reassurances that ive fought off a few of these.  I understand that popla would be a waste of time as there is no obvious reason while the pcn shouldnt be issued. The driver has absolutely no proof that payment was attempted. If it did go to court and the RK attended would a judge be swayed by the RK or do they have to accept the facts of no payment.  Also as regards to mediation and court appearance, the RK is !!!!!! scared of this, would I be allowed to reperesent them for this?

Le_Kirk

You can attend a hearing as a Lay Rep (check it out) provided that the defendant attends also.  Read up on Rights of Audience and take a copy of it to the hearing in case the judge or the claimant try to bamboozle you into believing you cannot speak on behalf of the defendant.

Coupon-mad

DjangoUnchained said:

Hello again. As expected the RK has recieved what looks like a standard rejection letter to the appeal. They have included photos of signage and the machines as well as a log of car reg numbers for that day. The RKs car number is not amongst them, it wouldnt be as no payment was regesterd. The RK is panicking despite my reassurances that ive fought off a few of these.  I understand that popla would be a waste of time as there is no obvious reason while the pcn shouldnt be issued. The driver has absolutely no proof that payment was attempted. If it did go to court and the RK attended would a judge be swayed by the RK or do they have to accept the facts of no payment.  Also as regards to mediation and court appearance, the RK is !!!!!! scared of this, would I be allowed to represent them for this?

But it's Euro Car Parks. Come on:
 
Zero hearings! No chance, nada!

They use DCB Legal who ALWAYS discontinue