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Over £3.5k Claim, Help appreciated!
oasis786
post Sat, 6 Jan 2018 - 17:54
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Hi everyone,

Having visited the hospital every day for around 18 months, I have paid for many many tickets at QA Hospital in Portsmouth.

If anyone has visited here, they will know the parking is a nightmare. Friends also used the car in question very frequently and to cut a long story short, I didn't get any of the mail until recently I got this letter..

https://s14.postimg.org/s2decjyc1/IMG_8787-blank.jpg

Would love some help with this and what route to take. The Carillion attendants here really have it in for me. Ticket the car within a few minutes now. There was actually one time where I dropped somebody off and the attendant blocked me from leaving. I was in the driver seat the whole time and the car was always running. The attendant then threw the ticket through the window at me and told me to have a nice day!

Thank you in advance

This post has been edited by oasis786: Tue, 9 Jan 2018 - 12:59
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post Sat, 6 Jan 2018 - 17:54
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ostell
post Sat, 6 Jan 2018 - 18:11
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And what did you do with the PCNs you received? Does your V5 up to daye?

What was the reason for the frequent visits? Would it be such as to be eligible for a hospital pass? Have you contacted PALS at the hospital?

Yep, i agree QA parking is a nightmare. Even the diabled parking signs specify UK disabled badges only, shame if you have a European badge

This post has been edited by ostell: Sat, 6 Jan 2018 - 18:15
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oasis786
post Sat, 6 Jan 2018 - 18:17
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QUOTE (ostell @ Sat, 6 Jan 2018 - 18:11) *
And what did you do with the PCNs you received?

What was the reason for the frequent visits? Would it be such as to be eligible for a hospital pass? Have you contacted PALS at the hospital?

Yep, i agree QA parking is a nightmare. Even the disabled parking signs specify UK disabled badges only, shame if you have a European badge


Reason was visiting a terminally ill family member who as in hospital for nearly 18 months in total.

Ignored all the ones I received. There was no way I got up to 36 however, so I am unsure how they got this number.

We did have one hospital pass but that was used by a family member. No I have not contacted PALS. With 14 days (Now about 12) to respond, has it gone past this stage?

This post has been edited by oasis786: Sat, 6 Jan 2018 - 18:21
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ostell
post Sat, 6 Jan 2018 - 18:27
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Can't see the issue date so can't work out the dates. As I said if you acknowledge you get 53 days from issue to submit a defence.

Get on to the PPC and demand that they provide the PCNs for the alleged breaches in order to narrow the issues. Did you receive a letter before claim?

What name is on the signs? That gives you the people you are contracting with.
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southpaw82
post Sat, 6 Jan 2018 - 18:29
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Your thread title says LBCCC. Leaving aside that this is a horrible acronym, that is clearly a claim form and not a letter before action. I’d suggest editing your thread title appropriately.


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Any comments made do not constitute legal advice and should not be relied upon. No lawyer/client relationship should be assumed nor should any duty of care be owed.
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oasis786
post Sat, 6 Jan 2018 - 18:49
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QUOTE (southpaw82 @ Sat, 6 Jan 2018 - 18:29) *
Your thread title says LBCCC. Leaving aside that this is a horrible acronym, that is clearly a claim form and not a letter before action. I’d suggest editing your thread title appropriately.


Apologies, edited.

QUOTE (ostell @ Sat, 6 Jan 2018 - 18:27) *
Can't see the issue date so can't work out the dates. As I said if you acknowledge you get 53 days from issue to submit a defence.

Get on to the PPC and demand that they provide the PCNs for the alleged breaches in order to narrow the issues. Did you receive a letter before claim?

What name is on the signs? That gives you the people you are contracting with.


Issue date is 4th December

States 14 days to respond, or extendable to 28 hours.

The attendants work for Carillion, however I will have to check the sign to see which name is on it. I will do it first thing in the morning.

No other letters received, just reminders for the PCNs from what I can see.

Can I ask for photographic evidence of me being the driver for each PCN?

Can I provide details of another driver of the car who is now living abroad?

This post has been edited by oasis786: Sat, 6 Jan 2018 - 18:51
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ostell
post Sat, 6 Jan 2018 - 18:55
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This is exactly the sort of case that PALS should be dealing with. Tell them that there was a pass in existence for this case and request that they tell the PPC to cancel.

Carillon are the main contractors on site. Is their name on the parking signs or is it Parkshield?

Naming the driver now serves no purpose now. Before the claim form was issued the the keeper would not have been liable.

I'm not sure but the signature on the claim form may be incrrect in that it should be signed by an officer of the company. Only if the form is issued by a solicitor can a company name be used. This could get it thrown out. I'm sure someone will correct me if I'm wrong.

This post has been edited by ostell: Sat, 6 Jan 2018 - 19:25
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4101
post Sat, 6 Jan 2018 - 18:56
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they will produce every pcn in due course (if you defend the case), you could ask for copies now.

I would consider offering a settlement. Not paying because you couldnt be bothered wont win in court and may be deemed unreasonable behaviour thus leaving you open to costs - £500?

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ostell
post Sat, 6 Jan 2018 - 19:01
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There is no photographic evidence, it is ANPR cameras. It's now too late to name the driver and gain any advantage.

They allow 5 days for service after the issue date. So that's 4th December + 5 + 28 days to get your defence in IF you have acknowledged the claim. Have you?

If you haven't acknowledged then this discussion could be academic as they may already have obtained a default judgment and it's delayed in the court system.

This post has been edited by ostell: Sat, 6 Jan 2018 - 19:09
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southpaw82
post Sat, 6 Jan 2018 - 19:09
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QUOTE (oasis786 @ Sat, 6 Jan 2018 - 18:49) *
Can I provide details of another driver of the car who is now living abroad?

Is that the truth?


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SchoolRunMum
post Sat, 6 Jan 2018 - 20:18
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QUOTE (ostell @ Sat, 6 Jan 2018 - 20:01) *
They allow 5 days for service after the issue date. So that's 4th December + 5 + 28 days to get your defence in IF you have acknowledged the claim. Have you?

If you haven't acknowledged then this discussion could be academic as they may already have obtained a default judgment and it's delayed in the court system.


This ^^^^ have you acknowledged this claim during December?

Such a shame if not, as you will get a default CCJ simply due to not extending the time to 28 days from service.

I noticed the claim form particulars only state TWO dates of parking charges being served, which would be something to include in the defence (no other dates, and they've not said 'parking events between these two dates' either.
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southpaw82
post Sat, 6 Jan 2018 - 20:29
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QUOTE (SchoolRunMum @ Sat, 6 Jan 2018 - 20:18) *
Such a shame if not, as you will get a default CCJ simply due to not extending the time to 28 days from service.

Only if the claimant applies for default judgment. If he puts an acknowledgment and/or defence (as the circumstances may be) in before such an application then no default judgment will be entered.


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Jlc
post Sat, 6 Jan 2018 - 20:59
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QUOTE (southpaw82 @ Sat, 6 Jan 2018 - 19:09) *
QUOTE (oasis786 @ Sat, 6 Jan 2018 - 18:49) *
Can I provide details of another driver of the car who is now living abroad?

Is that the truth?

Assuming the Protection of Freedoms Act was fully complied with then it's too late to name the drivers anyway. (i.e. Proceedings have commenced)

The PoC claims the 36 tickets were issued on 2 single dates.

QUOTE (oasis786 @ Sat, 6 Jan 2018 - 17:54) *
There was actually one time where I dropped somebody off and the attendant blocked me from leaving. I was in the driver seat the whole time and the car was always running.

There might be some actual defences to such incidents if a contract was not formed.

Was a (compliant) LBA sent? As this would have been the time to narrow the issues.

I'm somewhat surprised they are only seeking £100 each. Or is this already an escalated amount?

This post has been edited by Jlc: Sat, 6 Jan 2018 - 21:00


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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SchoolRunMum
post Sat, 6 Jan 2018 - 21:18
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QUOTE (southpaw82 @ Sat, 6 Jan 2018 - 21:29) *
QUOTE (SchoolRunMum @ Sat, 6 Jan 2018 - 20:18) *
Such a shame if not, as you will get a default CCJ simply due to not extending the time to 28 days from service.

Only if the claimant applies for default judgment. If he puts an acknowledgment and/or defence (as the circumstances may be) in before such an application then no default judgment will be entered.

Yes indeed, so I sincerely hope he/she comes back, drafts a decent defence and submits it on MCOL by Sunday.
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oasis786
post Sat, 6 Jan 2018 - 21:54
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Sorry for the confusion guys, head is all over the place with this. The issue date was 4th JANUARY 2018.

I can’t remember getting 36 tickets. Many of them are either made up or maybe given to a friend borrowing the vehicle.

The £100 is an escalated amount.

@SchoolRunMum - Well spotted, its very interesting that they have stated 2 dates and have written “on xx/xx/xxxx and xx/xx/xxxx” and not “from xx/xx/xxxx to xx/xx/xxxx”

This post has been edited by oasis786: Sat, 6 Jan 2018 - 22:04
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4101
post Sat, 6 Jan 2018 - 22:02
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They should have listed each ticket with the ref, the time etc. on a separate particulars of claim. No doubt they will serve this later in amended particulars or a witness statement.

I suggest that you ask them for all their evidence up front so you can judge the strength of their case. Were these alleged charges windscreen tickets or by post?

This post has been edited by 4101: Sat, 6 Jan 2018 - 22:02
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oasis786
post Sat, 6 Jan 2018 - 22:07
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QUOTE (4101 @ Sat, 6 Jan 2018 - 22:02) *
They should have listed each ticket with the ref, the time etc. on a separate particulars of claim. No doubt they will serve this later in amended particulars or a witness statement.

I suggest that you ask them for all their evidence up front so you can judge the strength of their case. Were these alleged charges windscreen tickets or by post?


There is no other information relating to each PCN.

They were windscreen tickets and then reminders/escalation via post. All sent in unrecorded standard post.

Does anyone have a link to a letter asking for evidence? By evidence, am I asking for photographic and video proof?

With the 2 dates they stated, I am tempted to ask how I have 36 tickets on those 2 dates!
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Jlc
post Sat, 6 Jan 2018 - 22:33
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Be wary of asking for evidence/proof - it could be tantamount to accepting the charges should they supply.

What are the charges for? Unpaid tariff?


--------------------
RK=Registered Keeper, OP=Original Poster (You!), CoFP=Conditional Offer of Fixed Penalty, NtK=Notice to Keeper, NtD=Notice to Driver
PoFA=Protection of Freedoms Act, SAC=Safety Awareness Course, NIP=Notice of Intended Prosecution, ADR=Alternative Dispute Resolution
PPC=Private Parking Company, LBCCC=Letter Before County Court Claim, PII=Personally Identifiable Information

Private Parking - remember, they just want your money and will say almost anything to get it.
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ostell
post Sat, 6 Jan 2018 - 22:43
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The PoC are rubbish as it does not give the breach that was the cause of the charge, as well as stating 2 then claiming 36. It does not say whether claiming against the keeper or the driver.

Any chance that one of these PCNs is still available or posting?

First thing Monday morning contact PALS. Here's the contact details. Make sure that you mention the terminal illness and the fact that a permit was actually in existence.

Also contact your local MP and make sure that he know you were visiting a terminally ill patient and this is the cost of that.


Edit: I asked on the Legal Beagles forum and there opinion is that there should actually be a name there, someone with authority in the company. This could be sufficient to get this claim struck out if you ask the judge. It won't go away but it may give you time to get your evidence together for when it does come back, unless PALS kill it. Here's the link to the opinions and references.

This post has been edited by ostell: Sat, 6 Jan 2018 - 22:51
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oasis786
post Sun, 7 Jan 2018 - 00:23
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QUOTE (ostell @ Sat, 6 Jan 2018 - 22:43) *
The PoC are rubbish as it does not give the breach that was the cause of the charge, as well as stating 2 then claiming 36. It does not say whether claiming against the keeper or the driver.

Any chance that one of these PCNs is still available or posting?

First thing Monday morning contact PALS. Here's the contact details. Make sure that you mention the terminal illness and the fact that a permit was actually in existence.

Also contact your local MP and make sure that he know you were visiting a terminally ill patient and this is the cost of that.


Edit: I asked on the Legal Beagles forum and there opinion is that there should actually be a name there, someone with authority in the company. This could be sufficient to get this claim struck out if you ask the judge. It won't go away but it may give you time to get your evidence together for when it does come back, unless PALS kill it. Here's the link to the opinions and references.


Thank you so much.

The problem is the permit existed, but it wasn't used on this vehicle as it was used by someone else also visiting.

I will post a pic of a PCN in the morning.

Bit confused if I should ask for evidence, or just hit them with a solid defence with all the points made on this thread.

This post has been edited by oasis786: Sun, 7 Jan 2018 - 00:24
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