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Minster baywatch

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1567911

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  • Blossoms17
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    Hi, is there anyone who can advise me please? I feel like I've been advised to fight this ticket but then left to deal after bmpa have closed the case. I'd appreciate some help if possible. Does anyone know if this case is worth attending on the day or a foregone conclusion?
  • System
    System Posts: 178,093 Community Admin
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    BMPA help win two cases yesterday. This one http://forums.moneysavingexpert.com/showthread.php?t=5825427 and another in Worcester.

    What were you advised to do and why don't you want to do it?
  • Blossoms17
    Blossoms17 Posts: 49 Forumite
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    I was told that I probably have no chance of winning as it's being held in York, also, that I needed to explain why I was there which I of course would do. Then they said they would cl Ouse the case. I asked why I had been told 99% had now been reduced to virtually no chance and did not receive a reply except to say I should ask on here. Doesn't seem very positive to me but maybe that's just the way I've taken it. Maybe someone here can elaborate?
  • System
    System Posts: 178,093 Community Admin
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    I needed to explain why I was there

    And the answer is? Also was any payment made or it will affect which "grace" period it covers. There is one at the start and one at the end of parking.
  • Blossoms17
    Blossoms17 Posts: 49 Forumite
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    Well I was trying to find somewhere to park so I could meet my daughter but changed my mind after reading the sign, no payment was made and I left after 13 mins. Another question is, how do I not say I was the driver but I know there was only one sign with small print informing me of cameras and fine?
  • KeithP
    KeithP Posts: 37,638 Forumite
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    edited 12 April 2018 at 9:37PM
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    Can I respectfully suggest that you may find it difficult to defend this as the keeper. Your last two posts have both told the world who the driver was.

    The keeper could easily have been an occupant of the car, rather than the driver.

    You might consider changing the first sentence of post #86 to look something like:
    Well the driver was trying to find somewhere to park so we could meet our daughter but changed our mind after reading the sign, no payment was made and we left after 13 mins.
  • Redx
    Redx Posts: 38,084 Forumite
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    the only point in defending as keeper is if MB failed the law , namely POFA2012

    if they used POFA2012 wording and issued the ticket or tickets correctly then that would mean POFA2012 cannot play a part

    due to what you said above, it may be easier to defend as driver and hope that a judge would see that you left in a reasonable time period due to reading the signs and rejecting their offer of a contract to park
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
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    Yes this is a forum to discuss things
    This is also a public forum, meaning PPCs can read it as well. Revealing the driver can be detrimental to a case, so isnt done lightly. Or shouldt be, if youd done some reading around.

    She can provide a supporting witness statement , to the effect that you were driving aruond. She does not then have to attend any hearing, but of course would give more credence to her statement if she could be there.
  • Umkomaas
    Umkomaas Posts: 41,346 Forumite
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    Blossoms17 wrote: »
    Of course I'm saying I'm he driver on here it's a forum for discussion of these matters isn't it?? Anyway, I was advised to state I was there by bmpa. My daughter was there too but I don't want her to be implicated as she suffers with health issues.

    Of course, where Parking Companies are banned from viewing and MSE blocks them copying and pasting into their court evidence anything that incriminates the Defendant.

    Ask Lamilad about how his posts on here and on PePiPoo were hoovered up by the PPC and mercilessly used against him in court.

    But all of this stuff we give you is of an advisory nature. If you feel you wish to discard bits that don't suit, it's a free world.
    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 Street
  • Coupon-mad
    Coupon-mad Posts: 131,669 Forumite
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    edited 13 April 2018 at 6:03PM
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    I think some of the comments such as 99% of cases are won is misleading after reading what bmpa said.

    No, we do see 99% of cases won on here (I keep records). I know for a fact that there were only two lost in 2017 and just one lost* so far this year and we can help you as well. Do stick around.
    Blossoms17 wrote: »
    Hi, is there anyone who can advise me please? I feel like I've been advised to fight this ticket but then left to deal after bmpa have closed the case. I'd appreciate some help if possible. Does anyone know if this case is worth attending on the day or a foregone conclusion?
    Calm down. We and the BMPA help people win, ALL the time. And I said this earlier:
    Highly unlikely they'd win
    And I advised you that York was better than Wigan! :D

    Did you say you had already filed a WS or do you want help with your WS and the evidence you need to file in advance of the hearing? Tell us what you need from us, show us your draft WS if you have not yet filed it.

    Sounds like you could win on lack of grace period/lack of signs/no contract (small print not seen).




    *no big deal, they just paid within 30 days. No need to let this get to you so much, honestly, you are in the best place with advice from us and the BMPA. Hundreds of people won by using this forum in 2017 and 2018 and claimed costs.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
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