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Parking & Property Management Ticket, Followed By Court Claim From BW Legal And Northampton Court
FTHEPARKINGCOWBO...
post Tue, 4 Jun 2019 - 21:16
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Hi All!

This is my first post on the forum, I would appreciate some help with the defence for a ticket the driver of my vehicle received in November 2018.

I will try and keep this short and sweet as far as reasonably possible..... I am a maintenance engineer, defiantly not a solicitor or barrister hence my need for help, any help whatsoever would be greatly appreciated!

The driver of my vehicle was visiting a friend in a private under ground car park for a block of flats. It has a roller shutter door on the entrance and exit and entry to the car park is controlled via a fob to open the roller shutter door.

The driver was given the fob by the friend prior to arrival and amongst confusion the driver parked in the wrong bay for the flat, friend lives in flat "2" driver parked in bay "2" as it turns out this isn't way the numbering system works for the parking, why i don't know but thats how it is.

Driver goes to flat for 20 minutes, sees friend, nice to see you blah blah blah, friend asks where driver parked, driver explains, friend realises mistake of driver and tells driver car needs to be moved to correct bay, driver goes to move car to correct bay and finds ticket from our friends at Parking & Property Management.

Driver returns to flat, explains to friend regarding ticket, friend explains to driver that Parking & Property Management 'manage' the car park, however the flat Tennant/Owner can opt out of the scheme and park in their own bay minus a permit and not receive a ticket, so some of the bays require a permit to park in, others have opted out of the ridiculous scheme and you can park in that bay without a permit and have no problems.

Driver and I did not contest the ticket, I then received numerous letters and ignored them, then received letters from BW Legal and ignored them too, they have now made a claim to Northampton Court for an amount of £238.46.

I am a realist and this is just outrageous, I cannot believe we live in a society where the government allows nothing but cowboys to run legitimate business's like this, their soul intention is to rip people off and pray on the vulnerable, it is truly disgusting!

Any how I have filled out the online form for the court to fully dispute the claim and have not filled out a defence as of yet. Because I am an honest hard working individual that actually goes to work and lives a relatively normal life without trying to drag people down I haven't had much time recently, I believe I have 12 days remaining to submit a defence from the original 28 days.

I will now try to attach some photos of the letters and car park signage for your references.

As stated above any help the experienced members on here could give me would be greatly appreciated!

Thank you!!

This post has been edited by FTHEPARKINGCOWBOYS: Tue, 4 Jun 2019 - 21:38
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post Tue, 4 Jun 2019 - 21:16
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FTHEPARKINGCOWBO...
post Tue, 4 Jun 2019 - 21:41
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ostell
post Wed, 5 Jun 2019 - 07:49
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OK Here is Schedule 4 of the Protection of Freedoms Act 2012 To be able to hold the keeper liable when they don't know the driver then they have to comply with the Act.

The sign is only offering parking to those with a permit. To state that a contract to park is created with non permit holders when it was expressly forbidden is perverse. The only claimant would be the landholder for trespass. Here's some text I have for this situation. Check it out yourself.

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner

The requirements for a Windscreen ticket are given in paragraph 7. I note that they have not provided the period of parking nor identified the creditor (I just checked quickly, do your own check) so they have not complied and so cannot use POFA for keeper liability.

Look at the Notice to Keeper and check it against the requirements listed in paragraph 8. I can't see dates, was it delivered between days 28 and 56 after the event?

No period of parking 8 (2) (a)
No invitation to pay to the keeper 8 (2) (e)
Warning to keeper incorrectly given 8 (2) (f)
Creditor not identified 8 (2) (h)

Basically they have not complied with POFA to be able to hold the keeper liable for the actions of the driver and you are under no legal obligation to name the driver.

They cannot claim for more than the original NTK, £100, POFA 4 (5). They are not allowed to add on "initial legal Costs" under the small claims rules. This an attempt of double recovery, claiming for more than they are allowed. They can add to the claim the cost of the court £25, and solicitor £50.

As you have acknowledged the claim then you have 33 days from the date of issue to get your defence to the court. Suggest you post it on here for critique before you send. You only get one chance.

This post has been edited by ostell: Wed, 5 Jun 2019 - 08:00
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