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UKPC 'Driver left site'
Comments
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Ok. I have re-edited it again leaving in the basic facts and no first person. I appreciate the advice and please do tell me if you feel it's still wrong.
Last paragraph, middle line, still uses first person singular.I married my cousin. I had to...I don't have a sister.
All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Thanks for the advice and replies so far. Having read through them am I best therefore to do the following:
Contact the site owner now to explain the circumstances and ask them to have the ticket cancelled.
Send the appeal from the template in the newbies thread after 26days.
Many thanks again.
Correct on both counts. Just make sure you don't miss the appeal deadline.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
Additionally, having just viewed he photos on their website of this PCN there are no photos suggesting that any occupant of the car left the site as claimed. Should they not be posting the photos backing up their claims as well as those showing a ticket was attached to the car and a sign was visible regarding the rules?0
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Appeal must be within 28days according to the ticket so I'll send an email on day 26. Is that ok or can they claim it's too late if they don't read it until after 28 days?
Once it's dated, that's it. You can't budget for what any PPC might or might not do, but I think you're looking for problems that probably won't happen.
Make sure you follow the instructions of the PPC for sending the appeal. If they say email is OK, then do it that way. They may say only online via their website. Do whatever the NtK says.Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
Additionally, having just viewed he photos on their website of this PCN there are no photos suggesting that any occupant of the car left the site as claimed. Should they not be posting the photos backing up their claims as well as those showing a ticket was attached to the car and a sign was visible regarding the rules?
That will be something you ask them to prove at PoPLA. Since they don't (shouldn't) know the identity of the driver, they can't prove that random people in a photo includes the driver. They would need video evidence of someone driving in, getting out of the driver's seat of the vehicle in question, and continuous footage of that person all the way beyond the site boundary.
They would also have to prove where the site boundary was.
By doing all of this they would shoot themselves in the foot by proving they failed to mitigate their loss. They would also not be able to prove that the person driving is in fact the keeper.
Personally I would be asking why a random person was filming children, but that's just me being awkward. I do not believe however that any such video footage exists, and if it did they would have to prove that it's use for parking management complied with ICO requirements.
As above, you are overthinking this.
You challenge something, it is up to them to prove the opposite.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0 -
That will be something you ask them to prove at PoPLA. Since they don't (shouldn't) know the identity of the driver, they can't prove that random people in a photo includes the driver. They would need video evidence of someone driving in, getting out of the driver's seat of the vehicle in question, and continuous footage of that person all the way beyond the site boundary.
They would also have to prove where the site boundary was.
By doing all of this they would shoot themselves in the foot by proving they failed to mitigate their loss. They would also not be able to prove that the person driving is in fact the keeper.
Personally I would be asking why a random person was filming children, but that's just me being awkward. I do not believe however that any such video footage exists, and if it did they would have to prove that it's use for parking management complied with ICO requirements.
As above, you are overthinking this.
You challenge something, it is up to them to prove the opposite.
I very much appreciate the feedback from yourself and the others who have replied. It's a great help and I shall follow it. I'll write to the sites managment tomorrow and have set a reminder to appeal on day 26 if I get nowhere with the site owner.
Thanks again.0 -
'Leaving the site' is one of the shakiest grounds for pursuing a 'parking' charge by any PPC. In my view it's a major 'try-on' and anyone who fights back will win this easily (as long as there are no admissions).
This is the PPC trying to pick the very lowest hanging fruit. Those who are daft enough to pay will do just fine, thank you very much!
To my knowledge - and I'm on here virtually every day and for the past 4 years - not one PPC has dared take one of these to the county court after Judge McIlwaine ripped VCS and Miss Coates a new one each during the Ibbotson case!Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .
I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.
Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.#Private Parking Firms - Killing the High Street0 -
I very much appreciate the feedback from yourself and the others who have replied. It's a great help and I shall follow it. I'll write to the sites managment tomorrow and have set a reminder to appeal on day 26 if I get nowhere with the site owner.
Thanks again.
Don't forget to try more than one retailer. They may have the same deal as the one near me were any manager can cancel a ticket.I married my cousin. I had to...I don't have a sister.All my screwdrivers are cordless."You're Safety Is My Primary Concern Dear" - Laks0
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