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Zena26
Posted on: Sun, 14 Jan 2024 - 23:13


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QUOTE (Zena26 @ Sun, 14 Jan 2024 - 23:00) *
Thanks for your advice. I have already made a SAR .you mentioned not ignoring correspondence which I totally agree with as I did make contact with the debt collectors on receipt of the first letter asking for clarification as to what the debt relates to . ? they have called me three times asking me to make an arrangement to pay but I have informed them that I am not liable as I hadnt received any PCN plus I am not aware of how the debt came about and that I am waiting for further information from the parking company i.e the SAR.

Please let me know if there is anything else I should tell the debt collection company.




QUOTE (The Rookie @ Fri, 12 Jan 2024 - 16:11) *
Just to correct one of your assumptions, there are no Bailiffs involved in your case, it’s just debt collectors.

Bailiffs only get involved after a court judgement and application for enforcement, that hasn’t happened.

Debt collectors have no more power than I do to get you to pay, effectively being limited to writing you scary sounding letters which if read properly contain so many caveats as to make the threats meaningless.


  Forum: Private Parking Tickets & Clamping · Post Preview: #1804713 · Replies: 11 · Views: 322

Zena26
Posted on: Sun, 14 Jan 2024 - 23:00


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Thanks everyone for your contributions and advice. I am reasured they are not enforcement letters I have already made a SAR .you mentioned not ignoring correspondence which I totally agree with as I did make contact with the debt collectors on receipt of the first letter asking for clarification as to what the debt relates to . ? they have called me three times asking me to make an arrangement to pay but I have informed them that I am not liable as I hadnt received any PCN plus I am not aware of how the debt came about and that I am waiting for further information from the parking company i.e the SAR.

Please let me know if there is anything else I should tell the debt collection company.

with regards to the question if I have received any PCN, No I do not have any PCN relating to this but there is a single sheet enclosed with the debt collector letter which has a list of all the PCN numbers , the location and amount . the original amount was £100 each with additional fee of 70£ as someone rightly pointed out bring it to £170 each PCN

TOTAL NUMBER OF PCN is 8 . two at final demand at 100 £ each soon to be registered to the debt collection company.
if this was one or two PCN I would have just paid it off and move on but the amount is quite significant and its because I hadnt received the first PCN . I have updated my V5 with DVLA and they have sent me the amended copy of V5 this week .

The parking company is Britannia parking group .
I have tried to appeal to the parking company stating no way to pay but I was told I no longer have a right of appeal and the 28 days had expired.
So what happens after I receive the SAR ? Can I appeal then? is there any way to reduce the whole amount ? I dont mind paying up to 500 pounds just to get this done with as I have other family issues that deserve my attention at this moment in time.

Many Thanks for all your contributions.




QUOTE (The Rookie @ Fri, 12 Jan 2024 - 16:11) *
Just to correct one of your assumptions, there are no Bailiffs involved in your case, it’s just debt collectors.

Bailiffs only get involved after a court judgement and application for enforcement, that hasn’t happened.

Debt collectors have no more power than I do to get you to pay, effectively being limited to writing you scary sounding letters which if read properly contain so many caveats as to make the threats meaningless.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1804711 · Replies: 11 · Views: 322

Zena26
Posted on: Sun, 14 Jan 2024 - 22:39


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QUOTE (hcandersen @ Fri, 12 Jan 2024 - 15:55) *
Agree with all except IMO you should submit a SAR now to the operator, you ignore the 'debt' company as such. I see nothing to be gained by ignoring correspondence. Take control by establishing what's what at the earliest opportunity because:

a.Your recollections are more recent, and
b. You give yourself time to check on-site matters which won't stand still just for you. For all you know there could be a different operator in 3 months with a completely different regime.






QUOTE (Zena26 @ Sun, 14 Jan 2024 - 22:36) *
QUOTE (hcandersen @ Fri, 12 Jan 2024 - 15:55) *
Agree with all except IMO you should submit a SAR now to the operator, you ignore the 'debt' company as such. I see nothing to be gained by ignoring correspondence. Take control by establishing what's what at the earliest opportunity because:

a.Your recollections are more recent, and
b. You give yourself time to check on-site matters which won't stand still just for you. For all you know there could be a different operator in 3 months with a completely different regime.


  Forum: Private Parking Tickets & Clamping · Post Preview: #1804709 · Replies: 11 · Views: 322

Zena26
Posted on: Fri, 12 Jan 2024 - 01:52


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Hello everyone .
please I would like some advice on how to proceed with a difficult situation I have now found myself in.

A couple of weeks ago I received some enforcement letters from Bailiff company titled notice of debt recovery-unpaid parking Charge
the letter states that they have been instructed to collect the outstanding balance on behalf of their client . The charge was issued because the vehicle was parked in contravention of the terms and conditions outlined on the signage as agreed to by the driver when the vehicle entered and parked on private land.
To ensure no further action is taken, you should make immediate payment by scanning the QR code below. Deatails of other ways to pay are on the reverse of this letter . To discuss your case , please call this number..........

At this point you are no longer able to appeal the parking charge. your next opportunity to dispute the charge would be if the matter was taken to court.
you now have 14 days from the date of this letter to either pay the outstanding amount or call us to discuss repayment . This case is not subject to high court or bailiff action, however. should you fail to contact us , we will recommend to our client the commencement of legal action against you.

My main concern now is that there are multiple PCN relating to the same car park with total amount of £1,220 the inflated amount meanwhile I was only parked for 1 to 2 hours which would have been less than 40 pounds for the entire period I parked there. The machine was out of order for a long time and their phone lines was not working so I continued to park since there was no way to pay and since I hadnt received any PCN for the time I had previously parked there so I just assumed there was no problem. Obviously if I had received the very first PCN then I would have realised not to continue parking there which would have otherwise prevented the subsequent PCN's.

when I contacted the Baliff to find out about the notice of debt recovery , I was told that all the PCN were sent to another address in London and I havent lived there since 2020.
My mails were not forwarded to me and I was totally unaware of the PCN's. So I believe the charges are unfair and I am not liable for the amount payable because there was no way to pay and no other place to park. Also I never had the opportunity to appeal and if I had received the first PCN there would not have been any more PCN as I would have stopped parking there immediately . Not receiving a PCN actually encouraged me to continue parking there as the machine was not working and no other means of payment available.

Please I would like some advice on what steps I can take to hopefully get this resolved .

Thank you for your time and effort.
  Forum: Private Parking Tickets & Clamping · Post Preview: #1804387 · Replies: 11 · Views: 322

Zena26
Posted on: Mon, 16 Sep 2019 - 21:14


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Hi guys
please I would like some assistance with this case. Things have taken a different turn. Excel company have responded to my SAR request and they have sent me some previous correspondence relating to this alleged incident . So I now have some recollection of what actually happened . Included in their letters is also a letter I had previously written to them, signed by myself back in 2015 when I originally challenged the PCN. At the time I had the pay and display receipt which they have also sent to me as part of the evidence on their file. My challenge at the time was that yes I did park there but I had the receipt to show that I had complied with the terms and conditions of parking. It was a hotel car park and I had lodged overnight and the receptionist advised me there was no problem parking overnight as long as I put a ticket on the windscreen in the morning . Basically a P&D ticket was not required until the following day. I followed the receptionist advice . So when excel saw my receipt and explanations at the time, they responded that the receptionist had not entered my details on the system on the night of the incident however they were happy to cancel the PCN on the condition that I paid them 10 pounds within 14 days . I honestly have no recollection of this letter requesting 10 pounds cancellation fee. meanwhile I was under the impression that the PCN was cancelled since I had provided my P&D receipt but to my surprise I received a court summons 4 years later.

Please any advice would be highly appreciated . I am waiting for a hearing date at the moment please guys I would like some tips on how to take this forward. just because 10 pounds was not paid I am being taken to court. There is no evidence that I received that letter from them .

I will be very grateful for your assistance and looking forward to your advice .

Kind Regards
Zena
  Forum: Private Parking Tickets & Clamping · Post Preview: #1515771 · Replies: 7 · Views: 1,125

Zena26
Posted on: Sun, 8 Sep 2019 - 22:47


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hi guys .
So I spent the entire day in Court and we were released for lunch around 2pm , Came back from lunch and waited only to be asked to go home around 4pm as many cases were adjourned due to shortage of judges. There were lots of other people whose cases were also adjourned . it was a central central London court and a nightmare to locate . I had taken the day off work in order to attend hoping it would be concluded on the day. Meanwhile the claimant's rep approached me towards the end and introduced himself and said he was asked to represent the claimant locally . He was really nice to me though beyond my expectations.


Now waiting for a new hearing date


Many Thanks guys .
Zena
  Forum: Private Parking Tickets & Clamping · Post Preview: #1513658 · Replies: 32 · Views: 4,499

Zena26
Posted on: Tue, 20 Aug 2019 - 20:25


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Hi guys thank you all for the timely responses. I couldn't have done it without your support . I had to stay up all night writing up the witness statement which I also filed the same night via email and recorded mail the following day to Gladstones and the court respectively . My court date is in a few days and I just can't wait for this to be over. fingers crossed!

I will let you all know the outcome.

Kind Regards
Zena
  Forum: Private Parking Tickets & Clamping · Post Preview: #1509372 · Replies: 32 · Views: 4,499

Zena26
Posted on: Sun, 11 Aug 2019 - 21:45


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Can I email the witness statement to Gladstones and the court just like I did with the defence? sending it in the post is going to go over the 14 days as I thought this was optional all along. Any ideas please ?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1506981 · Replies: 32 · Views: 4,499

Zena26
Posted on: Thu, 8 Aug 2019 - 22:23


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So here is the draft defence. Many thanks in advance.

1. It is admitted that the defendant is the registered keeper of the vehicle in question. However, the claimant has no cause of action and has filed the claim without providing any information to the defendant whatsoever.
1.1 Neither the defendant, nor any other possible drivers recall any parking charge notice (PCN) from the past.

2. The POC alleges that the defendant was the registered keeper and/or the driver of the vehicle. The claimant has and failed to comply with civil procedure rule 16.4 or with Civil practice direction 16 paras 7.3 to 7.7 as there is nothing which specifies how the terms were breached.
3.The claimant has not complied with precourt protocol as there was no previous correspondence relating to the alleged contravention had been received and the defendant has no idea what the claim is about-why the charge arose, what the original charge was- what the alleged contract was , nothing that could be considered a fair exchange of information .

4. The vague POC discloses nothing that can lead to a claim in law. The parking event was far too long ago to expect a registered keeper to recall the day or who was driving and given the lack of any previous information, the defendant doubts that any legitimate interest or clear signage applies to this case.
5. Had any contravention apparently taken place (and this remain unconfirmed), it can only be that either the ticket machine was faulty or the signage on and around the site in question was small, unclear, not prominent and therefore failed to meet the British Parking Association (BPA) Code of practice.
5.1 The claimant was a member of the BPA at the time and committed to follow its requirements, and the defendant puts the claimant to strict proof of compliance with the applicable code of practice.

6.it is denied that the claimant has authority to bring this claim. The proper claimant is the land owner. Strict proof is required that there is a chain of contracts leading from the land owner to Excel parking services and that this chain of contract was valid in its entirety on the date of the alleged offence.

7. Prior to any court hearing, the defendant had sent the claimant previous correspondence requesting more information that might throw some light into the alleged parking contravention. No response was received from Excel parking company. in addition to this the defendant has sent a subject access request (SAR) for copies of all the evidence on which the claimant relies however excel parking have failed to respond to any correspondence sent by the defendant.
8. The POFA does not permit the claimant to recover a sum greater than the parking charge on the day before the notice to keeper was issued. The sum cannot exceed the BPA Cop ceiling of £100 and the claimant cannot recover additional charges.
9. The claimant has inexplicably added ‘costs or damages’ bolted onto the alleged PCN despite using a solicitor to file the claim, who must be aware that the CPR 27.14 does not permit such ‘admin ‘charge to be recovered in the small claims court.
10. In any event, the Beavis case confirmed that a parking firm not in possession cannot plead their case in damages and could only collect the already inflated parking charge of (in that case £85) which more than covered the very minimal costs of running an automated/template letter parking regime.
11. The claimant is put to strict proof to show how any alleged costs/damages have been incurred and that it formed a prominent legible part of any terms on signage, and that it was, in fact expended. To add vague damages plus alleged costs on top is a wholly disingenuous attempt at double recovery and the defendant is alarmed by this gross abuse of process.
12. According to Ladak v DRC Locums UKEAT/0488/13/LA the claimant can only recover the direct and provable costs of the time spent on preparing the claim in a legal capacity, not any administration cost.
13. It is denied that the claimant is entitled to the relief claimed or any relief at all. In summary it is the defendant’s position that the poorly pleaded claim discloses no cause of action, is without merit, and has no real prospect of success.
14. The defendant invites the court to strike out the claim.
I believe the facts contained in this defence to be true.

Name
Signature
date





  Forum: Private Parking Tickets & Clamping · Post Preview: #1506366 · Replies: 7 · Views: 1,125

Zena26
Posted on: Thu, 8 Aug 2019 - 22:10


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Hi guys
I have drafted my defence for this one but I would really appreciate if anyone could give any advice on it. In the meantime I will put the details of the POC.

So here it goes:
The claim is for a breach of contract for breaching the terms and conditions set on private land. The defendant's vehicle number 12345 was identified in the James street on (the date 2015)
in breach of the advertised terms and conditions; namely parked after the expiry of the time in a pay and display car park. At all material times the defendant was the registered keeper and/or
driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.

The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into contract by conduct.
The signs specifically detail the terms &conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the defendant has failed to settle the outstanding liability.
The claimant seeks the recovery of the parking charge notice, contractual costs and interests.


By the way the driver did mention that they purchased a ticket from the machine in the morning and displayed it and at no point did they overstay . Besides it was a hotel car park and the driver had lodged overnight

because the hotel reception advised them it was free to park over night but to ensure that they display a ticket in the morning .
  Forum: Private Parking Tickets & Clamping · Post Preview: #1506365 · Replies: 7 · Views: 1,125

Zena26
Posted on: Thu, 8 Aug 2019 - 21:28


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Thanks Max
They included photo graphs of the area where the car was parked on the day, legal statements trying to justify why the defendant has been held liable etc


So is it Mandatory for the defendant to send a witness statement to the court prior to the hearing? I really don't have the time to do it as I would rather just go to court with my photographs on the day .
  Forum: Private Parking Tickets & Clamping · Post Preview: #1506356 · Replies: 32 · Views: 4,499

Zena26
Posted on: Sat, 3 Aug 2019 - 22:29


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Thanks guys . Oh Yes! I did object to the hearing on paper and I have since written to the court regarding the choice of court as previously advised so am just waiting to hear . Meanwhile I have just received a witness statement from Gladstones solicitors with pictures and everything else relating to the case . Now I have no idea how to proceed. I am thinking of getting a solicitor but not sure if it will make any difference to the outcome. Its kind of stressing me out to be honest.
I am wondering if it is possible to upload the witness statement on here so that I can get some further guidance on how to respond.

Many thanks for all your assistance so far . Am really grateful to everyone who have contributed in one way or the other.

Kind Regards

Zena
  Forum: Private Parking Tickets & Clamping · Post Preview: #1505043 · Replies: 32 · Views: 4,499

Zena26
Posted on: Fri, 12 Jul 2019 - 22:59


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Hi Everyone .
please I need some advice on this one. I have received a claim form with alleged contravention date of 2015 which is over 4 years ago and I don't recall any previous PCN relating to this until a couple of months ago when I received

a notice before claim about 2 months ago and then I wrote to excel parking requesting photographic evidence/more information as it has been many years since the alleged contravention and therefore difficult to remember who was the driver at the time. They didn't reply to my letter but next thing I received was a claim form. Demanding about 200 pounds including court fees. Am particularly concerned because I don't recall this incident and it has come as complete shock. am aware I need to acknowledge service but not so sure about how to defend this one as it has been over 4 years and people don't generally keep hold of all the pay and display tickets for many years so how can it be proven ? particulars of claim states breach of advertised terms and conditions ; namely parked after the expiry of the time in a pay and display car park. .


Am now wondering if I should write to Excel parking a second time requesting evidence or should I just go ahead with preparing my defence at this stage? But why have they left it so long and is this even legal as all evidence would have been lost ?

I await your response .
Many thanks
Zena
  Forum: Private Parking Tickets & Clamping · Post Preview: #1499655 · Replies: 7 · Views: 1,125

Zena26
Posted on: Fri, 12 Jul 2019 - 20:09


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Hello everyone its been a long while since I have been here . Basically I have been given a court date for the hearing despite I was under the impression it will be heard in my local court but unfortunately it has been listed for a court hearing in central London which is miles away . I am just wondering if I need to stick with my original defence or do additional witness statement? Also would I be required to tell them at the hearing who the driver was ?

I know I am asking a lot of questions but this is all new to me hence am finding it very confusing as I have never been involved in a court case before.

Many thanks for your assistance .

Zena
  Forum: Private Parking Tickets & Clamping · Post Preview: #1499617 · Replies: 32 · Views: 4,499

Zena26
Posted on: Thu, 27 Dec 2018 - 02:08


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Seasons greetings everyone . please I need some support with this case . I have received a correspondence from Gladstone solicitors in response to my defence I submitted recently . Below is the content of the letter from Gladstone .

We act for the Claimant and have notified the court of our client's intention to proceed with the claim. Please find enclosed a copy of our client's completed Directions Questionaire, which will be filed with the court upon their request. you will note we intend to request a special direction that the case be dealt with on the papers and without the need for an oral hearing.

This request is sought simply because the matter is in our client's opinion a relatively straightforward and the costs incurred by both parties for attending an oral hearing would be disproportionate. We trust you agree.


You will note our client has elected not to mediate. Its decision is not meant to be in any way obstructive and is based purely on experience, as mediation has rarely proven beneficial in these types of cases. Notwithstanding this, our client would be happy to listen to any genuine payment proposals that you wish to put forward.

yours sincerely
Gladstones Solicitors.

Please I would appreciate if someone could help me on how to proceed with this case . Attached to the above letter are 3 additional pages of which one is the notice of allocation to the small claims court which has not been completed, the second one is the directions questionnaire which apparently has been completed by Gladstone's on behalf of their client . The instructions aren't clear as to whether I need to complete the blank one or not . Should I agree for the case to be dealt with on paper or disagree and request a formal hearing?

  Forum: Private Parking Tickets & Clamping · Post Preview: #1445612 · Replies: 32 · Views: 4,499

Zena26
Posted on: Thu, 6 Dec 2018 - 00:09


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Hi Guys . Thanks a lot for all your help . I have amended the draft defence as below. Is there any thing else I need to add or remove? I also wanted to check whether this is all I need to send to the court for now? what about the witness statement , are they one and the same ? Lol. By the way the court need to receive my defence by 10th of December. but I am aiming to send it this Friday . Can I attach it to an email to the court ? Do I need to add my names , date of birth etc at the top ?
My apologies for all the questions. I have had other pressing family issues lately that I have not had any time to search the forum for examples so this is pretty much done in a hurry.

Please here is the amended version


I am the defendant in this matter and deny liability for the entirety of the claim. The particulars of the Claim disclose no cause of action against the Defendant on the following grounds:
1. The claimant Parking & Property Management (PPM) is not the land owner and strict proof is required that PPM’s contract with the land owner include the right to take legal action. A motorist with no parking permit is a trespasser and PPM can never have the right to take legal action.
2 The claimant has not specified on their claim form whether their claim is for a contractual fee (consideration) or for breach of contract. If the claim is for a contractual fee, this is disputed as the contract would require offer, acceptance and consideration both ways. There is no consideration from PPM to the motorist. The car park is free, and even if it were not, Parking & property management does not own the land in question and the gift of parking is not theirs to provide.
3. The claimant failed to display clear signs within the site that were capable of being read and/or form a contract as drivers can enter the car park without seeing the sign due the lack of prominent signage at the entrance of the parking area. The signs within the car park are difficult to see or read inside the car.
(ii)The signs may have been obstructed by another parked vehicle and not prominent on site/around the areas in question. Thus, the necessary elements of offer and acceptance to form a contract were not present.
(ii) The signage failed to meet the British Parking Association (BPA) code of practice or the independent Parking Committee (IPC) code of practice. Therefore, no contract has been formed with the driver and the notice failed to provide the adequate notice of the parking charge which is mandatory under Schedule 4 of the POFA.
(iii) The signage in the car park is of a “forbidding” nature. It permits parking only for those vehicles displaying a valid permit. There is no offer of parking for those without a permit and to claim that a contract exist is vexatious.
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.
(iv) I would also like to draw your attention to Link Parking v Mr L C9GF5875 [2016] where it was found that there was no entrance sign at a residential site and as a result the case was dismissed.
(vi) The claimant is put to strict proof that at the time of the alleged event, they had both advertisement consent and the permission from the site owner to display the signs.
3.The defendant neither admits nor denies that he was the driver. It remains for the claimant to prove its case. Nevertheless, Parking & Property Management (PPM) have pursued the Defendant on the basis of Keeper Liability (under POFA 2012).
4.There was no contract between myself the registered keeper and the parking company so how can I agree to the terms &conditions of paying the amount of 160 pounds.
5. The claimant is not the land owner of the car park/premises. The damages should then be the land owner’s decision to sue for damages or trespass.
6. The Claimant cannot recover additional charges as the Defendant has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described them as 'legal expenses'. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.
7. The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-
(i) The Claimant has no commercial justification
(ii) The Claimant did not follow the IPC or BPA Code of Practice .
(iii) The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question
(iv) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable.
8. Meeting the IPC or BPA code is a condition for PPM to recover a penalty.
9.Beavis vs ParkingEye was largely about public interest and I have reasonable belief that a scheme that prevents social workers from doing their work is not in the public interest.

10.The Claimant's solicitors (Gladstones) are known to be a serial issuer of tens of thousands of automated generic claims similar to this one (so called ‘robo claims’), with no due diligence, no scrutiny of details, or even checking for a valid Cause of Action. I have reasonable belief that Gladstone issued a generic robo-claim with no inspection of the PPM case. I therefore invite the court to strike out the claim or order the claimant to file further with better particulars.







  Forum: Private Parking Tickets & Clamping · Post Preview: #1439969 · Replies: 32 · Views: 4,499

Zena26
Posted on: Tue, 4 Dec 2018 - 00:04


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I have gone to location and took pictures of the area as evidence of poor signage. should I include these in the defence? and also should I submit the above along with the pictures to the court online or in the post?
  Forum: Private Parking Tickets & Clamping · Post Preview: #1439334 · Replies: 32 · Views: 4,499

Zena26
Posted on: Sun, 2 Dec 2018 - 23:07


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Hi Guys.
I have managed to put something together , well I have just copied and pasted from random sources Lol.

So here it goes

I am the defendant in this matter and deny liability for the entirety of the claim. The Claimant has no cause of action against the Defendant on the following grounds:

1. The claimant has not specified on their claim form whether their claim is for a contractual fee (consideration) or for breach of contract. If the claim is for a contractual fee, this is disputed as the contract would require offer, acceptance and consideration both ways. There is no consideration from PPM to the motorist. The car park is free, and even if it were not, Parking & property management does not own the land in question and the gift of parking is not theirs to provide.
2. The claimant did not display clear signs within the site that were capable of being read and/or form a contract as drivers can enter the car park without seeing the sign due the lack of prominent signage at the entrance of the parking area. The signs within the car park are difficult to see or read inside the car. This is an unfair contract, not agreed by the driver and contrary to The Unfair Terms in Consumer Contracts Regulations (2015).
(ii)The signs may have been obstructed by another parked vehicle and not prominent on site/around the areas in question. Thus, the necessary elements of offer and acceptance to form a contract were not present.
(ii) The signage did not meet the British Parking Association (BPA) code of practice or the independent Parking Committee (IPC) code of practice. Therefore no contract has been formed with the driver and the notice does not provide the adequate notice of the parking charge which is mandatory under Schedule 4 of the POFA.
(iii) 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 and the ticket was issued illegally. 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.
(iv) I would also like to draw your attention to Link Parking v Mr L C9GF5875 [2016] where it was found that there was no entrance sign at a residential site and as a result the case was dismissed.
(vi) The claimant is put to strict proof that at the time of the alleged event, they had both advertisement consent and the permission from the site owner to display the signs.
3.The defendant neither admits nor denies that he was the driver. It remains for the claimant to prove its case. Nevertheless, Parking & Property Management (PPM) have pursued the Defendant on the basis of Keeper Liability (under POFA 2012).
4.There was no contract between myself the registered keeper and the parking company so how can I agree to the terms &conditions of paying the amount of 160 pounds.
5. The claimant is not the land owner of the car park/premises. The damages should then be the land owner’s decision to sue for damages or trespass.
6. The Claimant cannot recover additional charges as the Defendant has the reasonable belief that the Claimant has not incurred the stated additional costs and it is put to strict proof that they have actually been incurred. Even if they have been incurred, the Claimant has described them as 'legal expenses'. These cannot be recovered in the Small Claims Court regardless of the identity of the driver.
7. The amount is a penalty, and the penalty rule is still engaged, so can be clearly distinguished from ParkingEye v Beavis which the Judges held was 'entirely different' from most ordinary economic contract disputes for the following reasons:-
(i) The Claimant has no commercial justification
(ii) The Claimant did not follow the IPC or BPA Code of Practice
(iii) The Claimant is not the landowner and suffers no loss whatsoever as a result of a vehicle parking at the location in question
(iv) The amount claimed is a charge and evidently disproportionate to any loss suffered by the Claimant and is therefore unconscionable.

8.The Claimant's solicitors (Gladstones) are known to be a serial issuer of tens of thousands of automated generic claims similar to this one (so called ‘robo claims’), with no due diligence, no scrutiny of details, or even checking for a valid Cause of Action. HMCS have reported identifying thousands of similar poorly pleaded claims, which are routinely dismissed by District Judges sitting in this Court and others throughout England & Wales.

my line of argument is basically that I have no contract with PPM as a registered keeper. please any suggestions will be hghly appreciated
  Forum: Private Parking Tickets & Clamping · Post Preview: #1439054 · Replies: 32 · Views: 4,499

Zena26
Posted on: Mon, 26 Nov 2018 - 21:30


Member


Group: Members
Posts: 26
Joined: 11 Nov 2018
Member No.: 100,889


I am just conscious that time is running fast and am yet to draft a defence Lol please Can anyone help me with what to put in the defence or is my case completely hopeless with no chance of winning? smile.gif
  Forum: Private Parking Tickets & Clamping · Post Preview: #1437452 · Replies: 32 · Views: 4,499

Zena26
Posted on: Wed, 21 Nov 2018 - 21:08


Member


Group: Members
Posts: 26
Joined: 11 Nov 2018
Member No.: 100,889


oh yeah got it now. Really appreciate you taking the time to do that. Ollyfrog
  Forum: Private Parking Tickets & Clamping · Post Preview: #1436049 · Replies: 32 · Views: 4,499

Zena26
Posted on: Tue, 20 Nov 2018 - 21:22


Member


Group: Members
Posts: 26
Joined: 11 Nov 2018
Member No.: 100,889


Thanks Nosferatu. all done
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435772 · Replies: 32 · Views: 4,499

Zena26
Posted on: Mon, 19 Nov 2018 - 23:56


Member


Group: Members
Posts: 26
Joined: 11 Nov 2018
Member No.: 100,889


parking sign details


Here it goes; heading: Parking & property management LTD. This site is managed and operated by parking & property management

Private land, enforcement in operation 24 hours

parking is permitted for vehicles fully displaying a valid parking permit within the front windscreen and parked fully within the confines of a marked Bay.


By parking or remaining at this site otherwise than in accordance with the above, you the driver, are agreeing to the following contractual terms


You agree to pay consideration in the form of a 'parking charge' in the sum of £100, to be paid within 28 days of issue. This is reduced to £60 if paid within 14 days.


You will be liable for additional parking charges for each and any subsequent 24 hour period. (or part thereof ) that the vehicle remains or if it returns at any time.


Failure to pay the charge may result in the vehicle's keeper details being requested from DVLA. Enforcement action may incur additional costs that will be added to the value of the parking charge and for which the driver will be liable.


Retrospective evidence of authority to park will not be accepted. Permits must be fully displayed in the windscreen. Disabled Blue badges are not valid other than in parking spaces that are specifically marked for disabled use.

payment line and appeals……parking & property management.


Thanks everyone for your assistance .

  Forum: Private Parking Tickets & Clamping · Post Preview: #1435476 · Replies: 32 · Views: 4,499

Zena26
Posted on: Mon, 19 Nov 2018 - 21:26


Member


Group: Members
Posts: 26
Joined: 11 Nov 2018
Member No.: 100,889


Thanks guys for the prompt response That's exactly what I did Redivi. only ticked the box that says disputing the entire claim and nothing more. This was done online.
thank you Ostell the driver said they made an attempt to contact the father of the child about this but he wasn't interested . apparently he was not particularly happy with the social worker's visit because he thought his child was going to be removed from his care. so he has not been cooperative . The driver believes each resident has a designated bay but they were misled to park in someone else's bay. See below details of the parking sign..
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435433 · Replies: 32 · Views: 4,499

Zena26
Posted on: Sun, 18 Nov 2018 - 01:29


Member


Group: Members
Posts: 26
Joined: 11 Nov 2018
Member No.: 100,889


Hi Everyone . This is my first post as am a New member. Seeking help as I (the registered keeper) have received a claim form from the county court . This is my first ever court claim and at a loss what to do . I have acknowledged the claim and have been told by the court that I have until …. of December to file or submit a defence.

. the particulars of the claim goes like this. The driver of the vehicle number ….incurred the parking charges on …….date. for breaching the terms of parking on the land at ....apartment.(address)

The defendant was driving the vehicle and /or is the keeper of the vehicle. AND THE CLAIMANT CLAIMS £160 for parking charges/damages and indemnity costs if applicable, together with interest of £4.11 pursuant to s69 of the county courts Act 1984 at 8% pa, continuing to judgement at £0.04 per day intotal they are requesting 239 pounds including legal cost and court fee. this is from Glastones by the way. and the parking company is parking and property management Ltd.


I would appreciate help to prepare a defence and hopefully win the case . unfortunately I don’t have the original parking ticket but I have the notice before Claim and the court papers. I have not sent any response to the claimant. The driver advised that they were annoyed when they saw that ticket left on the car. They were only gone less than 5 mins when they put the ticket on the car. The driver said it was in a compound with a block of flats where they were visiting a disabled child . The driver is a social worker and the child they were responsible for his welfare . They called the father on the phone asking where to park and he advised them to park there. there were numbered bays so they left a hand written note on the dashboard saying that they are a carer for a disabled resident and if needed to move the car, they should call the mobile number which they added to the note. The driver said they were in a rush so did not notice any sign until they came back out and found the ticket stuck on the windscreen , they called the number on the parking sign and a lady told them there was nothing they could do .


I was heavily pregnant at the time and too anxious about my pregnancy that the ticket was the least of my worries hence I have totally ignored their correspondence. I would be very grateful if you guys could help me out .
  Forum: Private Parking Tickets & Clamping · Post Preview: #1435009 · Replies: 32 · Views: 4,499


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