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  • FIRST POST
    • Elysander
    • By Elysander 28th Jun 17, 12:07 PM
    • 85Posts
    • 199Thanks
    Elysander
    NE Parking fail to show up in Liverpool - Claim struck out!
    • #1
    • 28th Jun 17, 12:07 PM
    NE Parking fail to show up in Liverpool - Claim struck out! 28th Jun 17 at 12:07 PM
    Claim no D7GF749R
    Claimant NE Parking
    Claim Amount £240.51 (£165.91 pcn, £25 court fee, £50 Solicitors Fee)
    Car Park Location General Street Blackpool (aka Cocker Street)
    Defendant: Ms H

    In front of Deputy District Judge Goodwin

    in August 2016, Ms H parked her vehicle in the General Street car park, purchasing a £7 ticket and clearly displaying the ticket correctly on the windscreen. On returning to her vehicle, she found a small yellow envelope labelled 'Penalty Charge Notice' attached to the windscreen. On viewing the notice, she was astounded to see that the reason for issue was ' No ticket displayed' .

    Her subsequent dealings with NE parking, providing a copy of her ticket, proved to be frustrating. The usual chain of letters arrived until a letter before claim arrived some months later, and in February 2017, Gladstones issued an inflated claim which included vague particulars of claim. Ms H then set about researching how to defend a parking claim. Her partner traveled to Blackpool to photograph signage. On receipt of NE's witness statement, she was astounded to read that that the reason for the pcn issue was ' Not displaying a valid permit'. The signage NE provided, made no reference to permits being required.Ms H then filed a detailed witness statement and included a copy of the ticket that had been purchased, photographs of signage which contradicted NE's signage map.

    Ms H arrived at court this morning with her witness. I took the opportunity to introduce myself and to ask about the case. It was most pleasing to see that Ms H had done extensive research. She was unaware as to who was representing NE. We entered court shortly afterwards only to be told that no one form NE had turned up and that therefore the claim was being struck out! The Judge asked about costs. Ms H said she was self employed. She advised the Judge. that she had driven to the court, and parked in an NCP car park The Judge awarded her £24. The Judge then asked if there were any other expenses incurred. Ms H replied' no'

    I spoke to Ms H after the case to congratulate her on her victory and to find out fuller details of the case. I was surprised to see that, NE included photos of the car with a valid ticket clearly on display and were now alleging that parking was for permit holders only. As Ms H paid for parking and correctly displayed the ticket there appears to have been no reasonable cause for NE to get keeper details - would a DPA counterclaim be worthwhile?

    Can anyone confirm if NE not turning up would be classed unreasonable behavior?
    Last edited by Elysander; 29-06-2017 at 10:34 PM. Reason: .
Page 2
    • MISSH
    • By MISSH 8th Jul 17, 5:39 PM
    • 2 Posts
    • 6 Thanks
    MISSH
    Hi I`m ms H, I do apologise for not replying sooner but as you can understand I have spent the past week exhausted and trying to catch up with work because of the court case. I don`t think there is an awful lot I can add apart from I really appreciate everyone's advice, I certainly will be taking it further! I did as much research as I could possibly do on the lead up to the case but unfortunately, I found a lot of the legal jargon quite overwhelming so I could of probably claimed for "unreasonable behaviour" etc but as I did not know what I could claim for, I just claimed for travelling expenses, the amount of upset and distress this has caused me has been at times unbearable, although a pretty straightforward case, just the thought of going to court for a very nervous and anxious person like myself was a huge thing along with the constant harassment letters demanding money etc I certainly would try my best if I can help in any way for other people in the same situation. I was so determined to not let them get away with what felt like to me, being mugged on the street! I just wanted to thank Elysander again for all of his legal advice before and after the case, I was so nervous attending court as I had never been taken to court before but it really helped me on the day!
    • Coupon-mad
    • By Coupon-mad 8th Jul 17, 5:46 PM
    • 51,818 Posts
    • 65,455 Thanks
    Coupon-mad
    Well done to you and Elysander!
    PRIVATE PCN? DON'T PAY BUT DO NOT IGNORE IT TWO Clicks needed for advice:
    Top of the page: Home>>Forums>Household & Travel>Motoring>Parking Tickets, Fines & Parking - read the 'NEWBIES' FAQS thread!
    Advice to ignore is WRONG, unless in Scotland/NI.

    • MISSH
    • By MISSH 10th Jul 17, 10:59 AM
    • 2 Posts
    • 6 Thanks
    MISSH
    Well done to you and Elysander!
    Originally posted by Coupon-mad
    Thank you Coupon-mad
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