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32
The Flame Pit / I've been sacked!
« Last post by cp8759 on Yesterday at 03:04:45 pm »
Well, at least by one person.

Outcome here.
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The pictures show a PCN served on the vehicle at 2.30pm on the first day. This is at odds with your account. It's theoretically possible he served it, photographed it, removed it and then came back the next day to reattach it together with a new PCN but it sounds far fetched.

Are you 100% sure it was not there when you returned to your vehicle on 2 March?
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Private parking tickets / Re: Court summons
« Last post by zak290 on Yesterday at 02:59:26 pm »
Hi,
I wanted to seek advice for a Court hearing weather I stand a chance to win or not.
I received a court summons for a PCN I received from Park Direct LTD in 2023 from Gladstone solicitors.


I parked my vehicle for 15 minutes in the car park in my buildings parking space in order to unload furniture. I do not have an allocated parking space in that car park however I was given access to carpark and advised by the caretaker at the time to park briefly in order to unload my furniture. The car was observed by the private parking inspector for 3 minutes before they issued a ticket. There is signage present in the car park from the company.
The caretaker refused to take responsibility as he was occupied. I contacted the housing manager who advised they do not have the authority to cancel the PCN.

My question is should I just pay the PCN now which has been inflated to £270 or do I have any chance winning in court?

Hi, Just wanted to clarify above as cannot edit post.

Wanted to seek advice for a Court hearing weather The driver stand a chance to win or not.
The driver received a court summons for a PCN, received from Park Direct LTD in 2023 from Gladstone solicitors.


The Driver parked the vehicle for 15 minutes in the car park in Their residential buildings parking space in order to unload furniture. Driver do not have an allocated parking space in that car park however Driver was given access to carpark and advised by the caretaker at the time to park briefly in order to unload their furniture. The Vehicle was observed by the private parking inspector for 3 minutes before they issued a ticket. There is signage present in the car park from the company.
The caretaker refused to take responsibility as he was occupied and since no longer in employment. the driver contacted the housing manager who advised they do not have the authority to cancel the PCN.

Should The driver just pay the PCN now which has been inflated to £270 or do they have any chance winning in court?

Below attached is the Witness statement from the driver submitted last year. in a separate post ill put the links for Claimant Wit Statement.
The court date was scheduled for 4th march, however due to an emergency the defendant lost materials relevant to the case and a request was made to adjourn to a later date for after April 1st and the defendant was requested to resubmit their evidence for the case to court and Claimant by March 20th

Witness Statement link -
https://ibb.co/Qyg1BDy
https://ibb.co/sdxjpByz
https://ibb.co/TMxv1TG2

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Hi guys I have just received a letter of acceptance from the council I appreciate all your help thank you
36

I did not notice any advance signage elsewhere.

Assuming it hasn't been taken down since July 2024, you would have passed the advance signage here: https://maps.app.goo.gl/V5jdUTy8i6yyNfc7A
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Private parking tickets / Re: Court summons
« Last post by jfollows on Yesterday at 02:02:05 pm »
And, I agree, you’re further along the process than I thought you might be. My original statement that I doubted you had a court summons is wrong, sorry.
38
Private parking tickets / Re: Court summons
« Last post by jfollows on Yesterday at 01:52:23 pm »
OK thanks.
Again, we need to see some of this.
What are the key dates - payment by claimant, submission of Witness Statements, date of court hearing?

You must have submitted a defence - what did it say? Also WS if submitted?
39
Private parking tickets / Re: Court summons
« Last post by zak290 on Yesterday at 01:48:46 pm »

If you received a N1SDT claim form (that’s a guess), then you have 5+14 days from the date on the form to submit a response, which will either be a defence or an Acknowledgment of Service. If the latter, you have an extra 14 days by which you have to submit a defence.
:o

The driver received Claimform late last year which they filled out and sent witness statement. In december there was a mediation call for settlement which the driver offered to pay nothing. Recently the driver received a Court hearing* letter for next month in country court along with an email from the Claimant of their witness statement and the following -  "without intending any discourtesy, hereby gives notice that it will not be attending the final hearing.
"



You say you were 'given access' - does this mean that there is a physical barrier of some kind that would otherwise block access?

If someone (the caretaker) let you past such a barrier then this is super strong evidence as it demonstrates that you were reasonably given permission to unload at the location.

The carpark is gated access the only people who have the access fob is the owners of bay spaces in the carpark without it you cannot access the vehicle entrance gate. The driver in question was given access by the caretake at the time to unload. The caretaker has since changed as it was over 3 years ago.


I will attach all the paperwork the driver has received so far.
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You should rebut each of their incorrect statements. Otherwise they will claim that you agree with them.

This is a better approach than ignoring, although the end result may be the same.

The IAS will probably reject your appeal anyway. But the time thing may cause them to uphold it. If not, you have a boring process to follow which should result in the claimant giving up eventually.
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