DIR Return Create A Forum - Home
---------------------------------------------------------
FreeTrafficLegalAdvice
HTML https://ftla.createaforum.com
---------------------------------------------------------
*****************************************************
DIR Return to: Private parking tickets
*****************************************************
#Post#: 19847--------------------------------------------------
Re: LBC from Gladstones - PCM
DIR By: zunaster
Date: April 17, 2024, 12:57 pm
---------------------------------------------------------
Thank you, DWMB2 & b789. I'll hold off on replying to Gladstones
for now.
I have some additional questions:
1. Is the NtK compliant with PoFA? How can its compliance be
determined?
2. Would ignoring CPM letters be deemed unreasonable by the
court? I lack a defense for not responding, as I didn't notice
the sign on the day of parking, and the PCN letter I received
didn't include a photo of the sign. Appealing to IAS has proven
futile in my experience.
3. Regarding parking for 2 minutes while escorting a disabled
person: an argument could be made as to why I or the other
person wasn't in the picture, given that I only parked for a
short time, or why the disabled person wasn't aware that it was
a restricted area.
#Post#: 19863--------------------------------------------------
Re: LBC from Gladstones - PCM
DIR By: DWMB2
Date: April 17, 2024, 5:04 pm
---------------------------------------------------------
--- Quote from: zunaster link ---
>
> 1. Is the NtK compliant with PoFA? How can its compliance be
determined?
>
--- End Quote ---
Have a read of Schedule 4 of PoFA (there's a link to it in my
signature underneath each of my posts), in particular paragraph
9, and compare what it says must be included in a Notice to
Keeper, with what is included in yours. b789 has quoted some
specific sections. If you're including PoFA in any defence it's
important you understand it. My personal view is that PoFA
compliance is less strong/important than your other more
meritorious defence points, which I would lead with. I also
wonder if the point around the signage being insufficiently
prominent to put the driver on notice as to the restrictions,
might be more compelling if it can be made in the first person
in a witness statement? Views might reasonably differ on that
point, but I'll put it there for discussion.
--- Quote from: zunaster link ---
>
> 2. Would ignoring CPM letters be deemed unreasonable by the
court? I lack a defense for not responding, as I didn't notice
the sign on the day of parking, and the PCN letter I received
didn't include a photo of the sign. Appealing to IAS has proven
futile in my experience.
--- End Quote ---
The points by Andy further up cover this. The 'bar' for
unreasonableness is generally very high. Additionally, as Andy
noted, your defence will largely be based on things that ought
to be within the PPC's knowledge, namely that the claim has no
basis in law, and that their signage is crap. If you're
particularly worried about being deemend unreasonable, you could
always respond to the LBC.
--- Quote from: zunaster link ---
>
> 3. Regarding parking for 2 minutes while escorting a disabled
person: an argument could be made as to why I or the other
person wasn't in the picture, given that I only parked for a
short time, or why the disabled person wasn't aware that it was
a restricted area.
--- End Quote ---
I'm not sure the whereabouts of the driver are of much relevance
to your potential defence.
#Post#: 33164--------------------------------------------------
Re: LBC from Gladstones - PCM
DIR By: zunaster
Date: August 12, 2024, 4:21 pm
---------------------------------------------------------
--- Quote from: DWMB2 link ---
>
> [quote author=zunaster link=topic=1552.msg19847#msg19847
date=1713376665]
> 1. Is the NtK compliant with PoFA? How can its compliance be
determined?
>
--- End Quote ---
Have a read of Schedule 4 of PoFA (there's a link to it in my
signature underneath each of my posts), in particular paragraph
9, and compare what it says must be included in a Notice to
Keeper, with what is included in yours. b789 has quoted some
specific sections. If you're including PoFA in any defence it's
important you understand it. My personal view is that PoFA
compliance is less strong/important than your other more
meritorious defence points, which I would lead with. I also
wonder if the point around the signage being insufficiently
prominent to put the driver on notice as to the restrictions,
might be more compelling if it can be made in the first person
in a witness statement? Views might reasonably differ on that
point, but I'll put it there for discussion.
--- Quote from: zunaster link ---
>
> 2. Would ignoring CPM letters be deemed unreasonable by the
court? I lack a defense for not responding, as I didn't notice
the sign on the day of parking, and the PCN letter I received
didn't include a photo of the sign. Appealing to IAS has proven
futile in my experience.
--- End Quote ---
The points by Andy further up cover this. The 'bar' for
unreasonableness is generally very high. Additionally, as Andy
noted, your defence will largely be based on things that ought
to be within the PPC's knowledge, namely that the claim has no
basis in law, and that their signage is crap. If you're
particularly worried about being deemend unreasonable, you could
always respond to the LBC.
--- Quote from: zunaster link ---
>
> 3. Regarding parking for 2 minutes while escorting a disabled
person: an argument could be made as to why I or the other
person wasn't in the picture, given that I only parked for a
short time, or why the disabled person wasn't aware that it was
a restricted area.
--- End Quote ---
I'm not sure the whereabouts of the driver are of much relevance
to your potential defence.
[/quote]
I received linked email
HTML https://amethyst-jennee-42.tiiny.site/
with the PCN attached.
Shall I ignore it?
#Post#: 33173--------------------------------------------------
Re: LBC from Gladstones - PCM
DIR By: b789
Date: August 12, 2024, 6:44 pm
---------------------------------------------------------
It’s,just a debt collector letter. Ignore
*****************************************************
Page 2 of 2
DIR Previous Page