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So I just lost a case for a private ANPR PCN and not sure what went wrong

24567

Comments

  • Gr1pr
    Gr1pr Posts: 13,986 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    Once the CCJ is recorded on the register ( if you dont pay it in full by the court deadline. ), Parking Eye or their contractors like DCB Legal can apply to the court for a Warrant of Control, so Google it and see the details

  • Kaizen2024
    Kaizen2024 Posts: 208 Forumite
    100 Posts First Anniversary Name Dropper
    edited 18 May at 1:53PM

    Refreshing to see this response (all be it post judgement), shows the ‘nobody pays’ / ‘just ignore and wait for the claim’ forumites up.

    People should be made aware of the risks, not blindly lead up the garden path.

  • Gr1pr
    Gr1pr Posts: 13,986 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper
    edited 18 May at 2:33PM

    Could have been a different scenario and outcome if the OP had come here for help after the NTK PCN letter arrived in the post at the beginning of this saga, various options could have been tried, especially plan A

    I have helped numerous people win with plan A, especially with Parking Eye pcns, if dealt with ASAP after receipt

    But as neither you nor we have the full facts, plus the OP appears to have mishandled the defence and the WS plus Exhibits bundle stages, we will never know

  • Car1980
    Car1980 Posts: 2,924 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker

    Fair enough.

    The risk of your single parking ticket resulting in a court hearing in front of a judge and you losing: approximately 1%.

  • Demistedstranger1
    Demistedstranger1 Posts: 40 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker

    I have described the particulars of the claim.
    all the evidence was provided and if I have mishandled the claim, I’d love to know how?

    Should I have responded directly to parking eye and told them that I don’t know the driver or even at NTK stage? I have read again and again that only respond when they take the matter to court so I did file a defence raising the points mentioned earlier. I’d love to know what else could I have done?

    Also, If the chances of me losing was 1% I am really surprised how judge reached the conclusion that I am liable to pay as the keeper and parking eye complied with everything? How am I the unlucky 1% 😅

  • ChirpyChicken
    ChirpyChicken Posts: 3,167 Forumite
    1,000 Posts First Anniversary Name Dropper Photogenic

    If PE complied with POFA then you are liable

    You could have transfered liability up until the claim had been issued and then you would not have been liable.

  • Half_way
    Half_way Posts: 7,739 Forumite
    Part of the Furniture 1,000 Posts Name Dropper

    Is there any chance we could have some background to this?

    such as

    car park location and/or the store it was attached to (ie Aldi, Tesco, a pub etc)

    and the reason why a ticket was issued in the first place?

    From the Plain Language Commission:

    "The BPA has surely become one of the most socially dangerous organisations in the UK"
  • Gr1pr
    Gr1pr Posts: 13,986 Forumite
    10,000 Posts Second Anniversary Photogenic Name Dropper

    As Above, no background information, no location, no signage photographs, no landowner details, no managing agents details, no business details, no alleged contravention details, no actual details regarding the Pofa2012 compliance requirements in timescales and wording, no complaint to the landowner details as plan A, no redacted pictures of the POC on the claim form, no getting our help from the get go !

    The fact that you submitted them to Parking Eye, possibly to POPLA and then to the CNBC and to your local court doesn't mean that you supplied all those facts on here, so we are all flying blind

    There could have been strategies and tasks that could have resulted in a different outcome if you had appraised us from the beginning up to the LBC and subsequent court claim, as happens in numerous other cases on here

    The , I wasn’t the driver strategy was extremely unlikely to work

  • Demistedstranger1
    Demistedstranger1 Posts: 40 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker

    sure, car park was right next to pistyll rheadr waterfall and it was operated by parking eye who had anpr cameras there.

    The driver didn’t pay. Even from the anpr pictures it’s undetermined who the driver was. That’s why the ticket was issued


    The signage was determined to be sufficient by the judge as there are 12 of them around the site.

    The ticket was sent within the initial 14 day period.

    Parking eye also produced a legitimate contracts proving landowners authority.

    The keeper denied liability as was instructed in various threads on this site.

    I basically had nothing else to rely on.
    I don’t think I could have done or said anything else to sway the judge in my favour but I’d love to know if I missed anything

  • Demistedstranger1
    Demistedstranger1 Posts: 40 Forumite
    Eighth Anniversary 10 Posts Name Dropper Combo Breaker

    would you like me to attached pictures of the signage and any correspondence here for you to look at? I am providing top line information

    I have given the location and explained that there were pictures and contract provided - yes I could have done some due diligence to see whether this contract was iron clad but may be the false sense of confidence was making me blind and was stopping me from delving deeper as I wrongly believed that as long as they can’t proof who the driver was, they can’t make the keeper liable to pay.

    I learnt that the hard way and I would encourage anyone reading this to not do what I did and wait for the cnbc letter.

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