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Parking Notice and Court Claim Asda Leyton Mills

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  • Parking Notice and Court Claim Asda Leyton Mills

    Hello,

    I wonder if anyone can help me with a court claim that my daughter has received for parking in a designated electric vehicle bay only. (I have told her off for this, it's not something I condone)

    I have attached the notices, are they legally correct or can anyone advise me what to do please?

    My daughter has acknowledged the claim and put a defence in requesting the contract between UKPC and the landowner.

    UKPC has sent the attached notices via email.

    TYIA
    Last edited by SanjG; 14th May 2023, 20:51:PM.
    Tags: None

  • #2
    Notices attached
    Attached Files

    Comment


    • #3
      Originally posted by SanjG View Post
      Hello,

      I wonder if anyone can help me with a court claim that my daughter has received for parking in a designated electric vehicle bay only. (I have told her off for this, it's not something I condone)

      I have attached the notices, are they legally correct or can anyone advise me what to do please?

      My daughter has acknowledged the claim and put a defence in requesting the contract between UKPC and the landowner.
      Could you post a redacted copy of the filed defence?

      UKPC has sent the attached notices via email.

      TYIA
      What is the time & date of the contravention?
      What is the date of issue of the first postal notice?
      Could you post up photos of the site signs? (Entrance signs, general site signs & signs pertaining to the charging point).
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Originally posted by charitynjw View Post

        What is the time & date of the contravention?
        What is the date of issue of the first postal notice?
        Could you post up photos of the site signs? (Entrance signs, general site signs & signs pertaining to the charging point).
        Hello CharityNJW,

        Thank you for replying.

        I have attached the signs PDF that I have been sent by UKPC, I need to go to Asda to check the signs myself.

        The date and time of the contravention was 2nd September, 2020 17:05. A ticket was left on the windscreen.

        The date of the first postal notice was a notice to keeper on the 5th October, 2020.

        Thank you.Sanj
        Attached Files

        Comment


        • #5
          What are the dates of the notices and of the parking shown on the notices in post 2? You have unhelpfully obscured this information.
          Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

          Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

          Comment


          • #6
            Originally posted by atticus View Post
            What are the dates of the notices and of the parking shown on the notices in post 2? You have unhelpfully obscured this information.
            Hello Atticus,

            Sorry, I thought UKPC will be able to identify my daughter's details from the date of contravention and time, Please let me know what notices and I can either re-post or advise of the dates and time stamps.

            Thank you

            Comment


            • #7
              Dates can be significant. Without knowing these, we cannot give clear advice. Up to you.
              Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

              Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

              Comment


              • #8
                Originally posted by atticus View Post
                Dates can be significant. Without knowing these, we cannot give clear advice. Up to you.

                I have given the information required above.

                The date and time of the contravention was 2nd September, 2020 17:05. A ticket was left on the windscreen.

                The date of the first postal notice was a notice to keeper on the 5th October, 2020.

                What other information would you like please?

                Comment


                • #9
                  Originally posted by SanjG View Post


                  I have given the information required above.

                  The date and time of the contravention was 2nd September, 2020 17:05. A ticket was left on the windscreen.

                  The date of the first postal notice was a notice to keeper on the 5th October, 2020.

                  What other information would you like please?
                  Has the driver (at the time of alleged contravention) been ID'd in any way? (Eg in communications prior to or during litigation).
                  Please post up legible photos all site signage. The photo you've posted is not clear.
                  I also asked to see an anonymised copy of the filed defence. We would need to see the points addressed so as to give a considered opinion.
                  Last edited by charitynjw; 15th May 2023, 12:12:PM.
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Originally posted by charitynjw View Post

                    Has the driver (at the time of alleged contravention) been ID'd in any way? (Eg in communications prior to or during litigation).
                    Please post up legible photos all site signage. The photo you've posted is not clear.
                    I also asked to see an anonymised copy of the filed defence. We would need to see the points addressed so as to give a considered opinion.

                    We have had no contact with anyone regarding this notice, the driver has not been identified or declared at any stage.

                    The signage pictures are the ones provided by UKPC - I will ask my daughter to go and take pictures of the signage on site.

                    I have now attached the copy of the defence, we have not filed anything else with the court yet. sorry for this omission

                    Comment


                    • #11
                      The second document shows personal information.
                      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                      Comment


                      • #12
                        Originally posted by atticus View Post
                        The second document shows personal information.

                        How do I remove it please? I need to remove all attachments please as the redacting has not worked

                        Comment


                        • #13
                          Uploads removed.

                          Comment


                          • #14
                            Originally posted by SanjG View Post


                            We have had no contact with anyone regarding this notice, the driver has not been identified or declared at any stage.
                            If this is so, the UKPC Notice doesn't comply with PoFA s9, so there is no vehicle keeper liability.*

                            The signage pictures are the ones provided by UKPC - I will ask my daughter to go and take pictures of the signage on site.

                            I have now attached the copy of the defence, we have not filed anything else with the court yet. sorry for this omission
                            *Was this mentioned in the filed defence? (I don't see a redacted copy of it on the thread).
                            ####
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Sorry for the mess up with the documents, they have now been re-uploaded, please see attached.

                              Nothing has been stated to UKPC or the courts yet. We filed the acknowledgment and stated we were going to defend the claim in full, we requested copies of all the documents and the contract between UKPC and the landowner in respect of the parking.

                              We received the copies of the documents and signage but no copy of contract yet.
                              Attached Files
                              Last edited by SanjG; 16th May 2023, 08:26:AM.

                              Comment

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