Robert63
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My wife has just received Parking Charge Notice from those lovely people at Parking Eye. The car park is a free to use car park with a 3 hour limit. She managed to stay for 3 hours and 11 minutes. 1 Date of the infringement 31/07/2021 2 Date on the NTK [this must have been received within 14 days from the 'offence' date] 04/08/2021 3 Date received 09/08/2021 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] Yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up N/A 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Teanlowe – Booths, Poulton Le Fylde For either option, does it say which appeals body they operate under. BPA Parking eye 001.pdf 3.67 MB · 20 downloads The site is a multiple store site that is used for all the shops in the surrounding area with Booths in control of the car park ( It was a council controlled site until the Booths store was built and the car park revamped.) Tomorrow's job is to get photo's of all the signage. Booths have planning permission for the cameras and signs not Parking Lies, I don't know if that makes any difference.
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Hopefully it'll sort itself out. Any how, it's time to put in the defence, This is what I'm going to put. The Defendant contends that the particulars of the claim are vague and generic in nature which fails to comply with CPR 16.4. The Defendant accordingly sets out its case below and relies on CPR16.5 (3) in relation to any particular allegation to which a specific response has not been made. 1. The Defendant is the recorded keeper of the vehicle. 2. It is denied that the Defendant entered into a contract with the Claimant. 3. As held by the Upper tax Tribunal in Vehicle Control Services v HMRC (2012) UKUT 129 (TCC), any contract requires offer and acceptance. The Claimant was simply contracted by the landowner to provide car-park management services and is not capable of entering into a contract with the defendant on its own account, as the car-park is owned by and the terms of entry set by the landowners. Accordingly it is denied that the claimant has the authority to bring this claim. 4. I any case it is denied that the Defendant broke the terms of the contract with the claimant. 5. The Claimant is attempting double recovery by adding an additional sum not included in the original contract. 6. The Particulars is denied in its entirety. It is denied that the Claimant is entitled to any relief claimed or any relief at all. I'm not sure about point 5, as they are trying to claim for legal expenses but appear to be representing themselves.
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Here we go again guys but with the proper information. ( My fault sorry ). 1 Date of the infringement 26/09/22 2 Date on the NTK [this must have been received within 14 days from the 'offence' date 30/09/22 3 Date received unsure 4 Does the NTK mention schedule 4 of The Protections of Freedoms Act 2012? [Y/N?] yes 5 Is there any photographic evidence of the event? Yes 6 Have you appealed? [Y/N?] post up your appeal] No Have you had a response? [Y/N?] post it up n/a 7 Who is the parking company? Parking Eye 8. Where exactly [carpark name and town] Teanlowe – Booths, Poulton Le Fylde For either option, does it say which appeals body they operate under. BPA Second letter dated 09/10/22 Third letter dated 03/11/22 Then Letter before claim dated 18/11/22 20220-11-18 PE Letter Of Claim.pdf 2022-09-30 PE PCN 26-06-2022.pdf