Ticket from Parking Control Management (UK) Ltd Options

[CPF33]

I am writing this post on behalf of my ex-girlfriend who has just received a county court claim form for parking illegally in a housing estate.

She was picking up the children of her friend from school, but the nearby roads were congested so she parked in the nearest car park available with no clear signs that parking was prohibited there.

She was heavily pregnant at the time, and sufferring a nervous breakdown, largely due to her pregnancy and having to support her mother who suffers with bi-polar disorder.

She is the type of person who puts her own problems to the side to help others even when she is suffering herself, hence her offering to pick up the kids of her friend when under huge pressure herself.

She has since given birth and been single handedly organising her mother's affairs such as benefits, treatment etc...and due to sheer overload had ignored any letters coming through her door.

She now has a claim form from the county court asking for £242.58.

She admits her parking infringement but states at the time she had no idea it was occuring due to poor signage, she stopped at an innocuous looking street and even when she returned and saw the parking attendant snooping around her car, she was told it was 'ok' and assured nothing further would happen.

She is under immense stress since the birth of her daughter and still struggling to sort out her mum's affairs, then this stinking letter comes through the door asking for £242.58. All for stopping for a few minutes to pick up her friend's kids.

Please can someone advise what to do?

She is in no fit state to deal with this so I offered to do it for her as I have an account here already.

If need be I will pay the fine for her but neither of us can afford £242.58. Could it be set back to the original fine due to exceptional circumstances? Or are there any grounds to get it quashed due to plain decency given her circumstances? All her problems are provably true and I am gutted for her, she does so much for others but keeps getting kicked in the teeth. This could not have come at a worse time.

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[CPF33]

If I might add, she has worked all her life, to the point of exhaustion and is trying to catch a break whilst dealing with her new baby yet still has to deal with her mum's problems then this whilst trying to help put a friend. This fine is sickening, the timing of it and the reasoning of it, just feels so wrong. I will pay it if need be, but please advise as to what to do as the requested amount is ridiculous. Makes me so angry.

[The Rookie]

It’s not larking illegally, it’s parking in breach of the contract the parking company will say the driver agreed to by parking, the contract in any signs. It’s also therefor nit a fine but an invoice.

What was done in response to the original invoices, anything at all? are they still available?

First step is to acknowledge the claim online, tick defend in full, don’t contest jurisdiction and leave the defence box blank, not even a . Or a <space>. She then as 33 days from date of issue to submit the defence.

First then get photos of the signage, if it was insufficiently conspicuous she can’t be held to the contract.

Which solicitors? What is the EXACT wording of the claim?

This post has been edited by The Rookie: Sun, 8 Dec 2019 - 05:03

[CPF33]

Thank you, this is the letter she recieved. She has not responded to previous demands as she was not in any fit mental state to do so. https://1drv.ms/u/s!AkbqC7Slagzdg6cLVaI...8J_RdA?e=BAmVSI

[CPF33]

I am trying to register online but it will not let me proceed with an empty defence box? It is forcing me to write something in it.

[CPF33]

Even if I put a full stop in the box to make it proceed, it wants to charge me £25 to contest it.

[ostell]

What other boxes have you ticked?

[CPF33]

Do you dispute the claim because you have already paid it? *
No, for other reasons
Yes, I paid the claimant

I ticked "No, for other reasons"

* EDIT:

Sorry I can proceed if I put a full stop in the defence details box and it does not charge me unless I want to make a counterclaim. Shall I proceed with a full stop in the box?

This post has been edited by CPF33: Sun, 8 Dec 2019 - 11:52

[CPF33]

Attached pic shows where she parked, her friend always parked there as it seemed a logical placed to park to pick up her kids, and she now also has £600 in fines from the same spot! The restrictions appear to just recently have been brought in, her friend didn't even receive a fine just a court summons.

The signage appears to be pretty miuch non existent, apparently there is a very small sign somewhere near a cycling sign so it just looks like part of that, it is very unclear.

My ex's friend also has two kids and a busy stressful life and does not need this, around Xmas too. These people make me sick, it looks like a money-making deiberate trap to extort money out of innocent people who just need to park their car for 5 mins so they can collect their kids from school and get on with their life. Fair enough if it is clear but it is not.



Sorry, rant over (hopefully) and pic attached.

Still a bit stuck on whether to put a full stop in the defence details bit so I can proceed? Thanks so much for your time and help, it is much appreciated and much needed!

Also not sure about the original letters, will ask and find out if she still has them.

Attached thumbnail(s)

 

[CPF33]

This is the original letter. Many thanks.

https://1drv.ms/u/s!AkbqC7Slagzdg6cOqZA...1zPZ0A?e=xUCDVU



This post has been edited by CPF33: Mon, 9 Dec 2019 - 12:25

[Sheffield Dave]

Unless things have changed since the last GSV images, there doesn't appear to be any signs or other indications that the road is private, and there are no DYL or other visual clues to indicate that parking is restricted or that you need to look at lamppost signs for parking restrictions.

Even if the signs were deemed to be sufficient, they appear to be"forbidding signs" - they say "parking is permitted for..." (GSV isn't clear enough to read the small print), so nothing is offered to non-residents or whatever, so no contract can have been entered into.

[CPF33]

Thanks very much, that's very helpful.

Should I complete the defence form online with a defence in the box or should I put full stops or spaces as it will not let me proceed without typing something in it?

Also, if it went to court could I represent her there as she has a baby and a hernia awaiting operation, she is not up for it mentally or physically.

[nosferatu1001]

Erm, no. You do not start the defence. You just acknowledge. Yes, you can do this WITHOUT starting the defence

If you submit ANYTHING at all in the defence box, it gets counted as your defence
You will instead EMAIL the defence to the court

No, you cannot represent her, she must attend. This wil lbe in a few months time - 4 at minimum.

This post has been edited by nosferatu1001: Tue, 10 Dec 2019 - 11:45

[CPF33]

Thanks, will acknowledge it online now.

This post has been edited by CPF33: Tue, 10 Dec 2019 - 14:36

[CPF33]

I have acknowledged it, please let me know what (if anything), to do next, when convenient.

Many thanks to you all.

[nosferatu1001]

Well obviously - writing a defence
Thats the thing youre told to do, as you dispute the debt

You have to do this within 33 days of the date of issue - i cant see that date anywhere on this thread .

MSE forum 0> newbies thread (google it) -> post 2. READ this. In detail. No skimming. No skipping. 17 examplke defences.

[CPF33]

Sorry I meant I wasn't sure if I needed to wait for something else to come through from the court before writing a defence. Date of issue is in the letter link in post number 4, but it is 6th Dec 2019.

[CPF33]

Thanks I have read through the MSE posts.

These are the grounds for her defence as far as I see it.

The only sign she would have passed on the way into the close was on her left as she turned left into the close. Nothing was clear on the sign at all, the heading is in pale green and the rest is tiny black text. There are two more signs of a similar nature further down the close, but she did not travel further down the close, she stopped close to the entrance of the close as the pics show.

She would have had to crane her neck very sharply to the left as she pulled in to notice the sign even if it was clear, which it wasn't. It also has cycling lane signs above it so it looks like it is just something connected to those.

I also noticed the time on the pics, they were all taken within one minute, and in the last one she is seen walking back to the car, which shows that was when she returned. Is there some grace period for these private firms? Google has conflicting info on this. It appears the pics were taken and the driver returned all within one minute from the start of the ticket being given. Incidentally this was also when the ticket issuer assured her it would all be OK and not to worry about it when she questioned it. No ticket was placed on windscreen, she just got a sneaky letter sent through after being told not to worry about it.

Which would be her best course of defence please?

I have uploaded PCM's evidence pics from the PCM site to OneDrive here: https://1drv.ms/u/s!AkbqC7Slagzdg6cPKSP...11CVDQ?e=WQyNkc

Again, please note, the full frontal sign picture is from further down the road, she would not have passed this at any time. The only sign she passed was that one one the corner which is very innocuous.

[nosferatu1001]

No, why would the court send you anything else? They dont need to confirm your confirmation that you received the claim form, that way madness lies

So 1 - unclear, not prominent signage, failing to meet the requirements of the Cs Code of Practice.

2 _ - yes, of course there are grace periods. Both codes pf practice cover this. So do the MSE defences!

3 - Promissory estoppel - somoene told the driver it was OK, someone in authority (high vis jacket? insignia? Anything else?) and so thge D was entitled to rely upon thta information

Well the best course is - all of the baove
You havent included - landowner authority. Challenged in every case

[CPF33]

Thank you, I have written to Bovis Homes who I believe to be the landowner, to enquire about their authority on that piece of land. I will find out what the issuer of the invoice was wearing, can't get hold of the defendant to ask her at the moment.