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Parking Private Land

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  • Parking Private Land

    Parking Fine from private land

    Today, 07:32:AM




    Hi I went to look at a Boat in a boat yard and didn't noticed that it had parking restrictions until I had a ticket sent to me, so I went back to the yard to see the shop that sells the boats the yard had no parking payment machine or anywhere to enter you reg number outside the shop, it had a machine to enter your reg number inside the shop but at the time of the ticket the shop was shut so I had no way of paying or entering my reg number to avoid a ticket. The shop manager told me he would get the ticket cancelled so I went away and thought nothing of it , a few weeks later I got another ticket that had increased so I went back to the shop and was told that the ticket was cancelled and it was just a computer generated one so not to worry. Now after a few months I have a claim form from county court business center for £265.00 I have checked the company is legit and is endorsed on .GOV website so I assume I have to reply. I am convinced I have a legit right not to pay the fine it due to the only way to avoid a penalty was to enter your reg number into the machine but the only machine was in a shut shop. Also If I contest the ticket to the county court business center who arbitrates the ticket ?
    kind regards Steve

    Tags: None

  • #2
    You have a claim form from Northampton and you must follow the instructions of the court. The business entre are just a clearing centre, the claim eventually transfers to your local court.

    Acknowledge the claim using the details and password on the form. But noting in the defence. If you acknowledge after 5 days then you have 33 days from the date of issue to get your defence to the court.

    Go into the business again and ask why they haven't had the ticket cancelled as they had promised. If they did request a cancel get that in an email.

    Edit your post so that the identity of the driver cannot be inferred, use "the driver......." etc.

    Post up a redacted version of the PCN you received, but leave dates. Suggest you use a hosting site such as imgur and link to here.

    You will be going for frustration of contract as you could not complete your part of the contract because of their actions beyond your control

    Comment


    • #3
      4lljjn
      Last edited by gewag; 7th September 2020, 09:15:AM.

      Comment


      • #4
        Originally posted by ostell View Post
        You have a claim form from Northampton and you must follow the instructions of the court. The business entre are just a clearing centre, the claim eventually transfers to your local court.

        Acknowledge the claim using the details and password on the form. But noting in the defence. If you acknowledge after 5 days then you have 33 days from the date of issue to get your defence to the court.

        Go into the business again and ask why they haven't had the ticket cancelled as they had promised. If they did request a cancel get that in an email.

        Edit your post so that the identity of the driver cannot be inferred, use "the driver......." etc.

        Post up a redacted version of the PCN you received, but leave dates. Suggest you use a hosting site such as imgur and link to here.

        You will be going for frustration of contract as you could not complete your part of the contract because of their actions beyond your control
        Thank you the ticket was issued by ANPR camera as no one was in the yard it was closed but you can drive in to look at the boats for sale, I phoned the yard Friday up and the guy checked the system and my ticket was not cancelled for some reason I think I have a solid case as it is impossible to register my vehicle if the shop where the machine is was shut should I appeal on web or just acknowledge and appeal later. But who makes the decision ? does a magistrate look at the appeal ? or the company itself in which case they will reject it .

        Comment


        • #5
          YOU ARE IN THE COURT SYSTEM !! what are you appealing and to whom? The next step is a defence to the court. The decision is made by the court with you and the other side present and you argue your case. It is NOT a magistrate, it is a county court judge eventually deciding .

          Present yourself in person at the boat yard complaining that you now have a county court action because of the action of their agents when all you wanted to do was look at boats. If you can get them to send an email to cancel there and then and put you on copy.

          Comment


          • #6
            Originally posted by ostell View Post
            YOU ARE IN THE COURT SYSTEM !! what are you appealing and to whom? The next step is a defence to the court. The decision is made by the court with you and the other side present and you argue your case. It is NOT a magistrate, it is a county court judge eventually deciding .

            Present yourself in person at the boat yard complaining that you now have a county court action because of the action of their agents when all you wanted to do was look at boats. If you can get them to send an email to cancel there and then and put you on copy.
            Is this OK for defense thanks in advance

            The Driver Drove past ******* Marina on the main road outside of boat
            y
            that
            Last edited by gewag; 7th September 2020, 17:00:PM.

            Comment


            • #7
              That's a witness statement. A defence is why you are not liable and the reasons. You are the defendant, no point in saying driver.

              Where is the frustration of contract?

              Comment


              • #8
                Originally posted by ostell View Post
                That's a witness statement. A defence is why you are not liable and the reasons. You are the defendant, no point in saying driver.

                Where is the frustration of contract?
                I'm confused I though you said use driver? so If I take out driver and use I is this acceptable to use as a defense statement on the website ?

                Comment


                • #9
                  I was talking about your first post where you intimating who the driver actually was ! You are now dealing with the court, you are the defendant. You use defendant.

                  Really need to see the redacted PCN, and a photo of the signs would help

                  Search around this forum and pepipoo and you will find samples of defences.

                  Comment


                  • #10
                    Originally posted by ostell View Post
                    I was talking about your first post where you intimating who the driver actually was ! You are now dealing with the court, you are the defendant. You use defendant.

                    Really need to see the redacted PCN, and a photo of the signs would help

                    Search around this forum and pepipoo and you will find samples of defences.
                    https://imgur.com/a/eyGiHCE

                    Comment


                    • #11
                      Originally posted by ostell View Post
                      I was talking about your first post where you intimating who the driver actually was ! You are now dealing with the court, you are the defendant. You use defendant.

                      Really need to see the redacted PCN, and a photo of the signs would help

                      Search around this forum and pepipoo and you will find samples of defences.
                      Hi I have posted a link to Imgur Many thanks

                      Comment


                      • #12
                        You've posted up that "Defence" of yours and not the PCN. You still haven't edited your first post. Just realised you were a guest and can't edit. Contact the admins and they may help

                        Comment


                        • #13
                          ostell scroll down for pics!

                          Comment


                          • #14
                            Originally posted by ostell View Post
                            You've posted up that "Defence" of yours and not the PCN. You still haven't edited your first post. Just realised you were a guest and can't edit. Contact the admins and they may help
                            Hi I have put PCN on Imgur and pictures, also thank you very much for your Help sofar
                            Attached Files

                            Comment


                            • #15
                              Originally posted by des8 View Post
                              ostell scroll down for pics!
                              what does this mean ?

                              Comment

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