Now received court claim

fireintheeast · 11 March 2018 at 5:05PM

Hi and thanks for all of the information on this forum. I'd like to ask a couple of questions if anyone can help.
The car park is managed by HX car management. Their solicitors are Gladstone's. The
driver, not me, parked the car on a manned car park, purchased a ticket but didn't display the ticket the correct side up. The tickets are colour coded and I have the ticket. Nothing in the signage mentions displaying the ticket in a particular way.
The PCN has the wrong reg number and wrong colour of the car.
I wrote and explained after they wrote to me as Keeper. Obviously they rejected my appeal. I won't pay, hence the court papers.
My main defence will be the lack of appropriate signage, non illuminated on a non illuminated car park in winter with arrival at dusk. Signs are misleading, contradictory, poorly positioned and mention a condition of parking that is impossible to meet, i.e. park in marked bays; there are no marked bays at all.
However how relevant is the ticket being upside down and the wrong reg number on the PCN should it be a factor in my defence?
I am following bargepoles advise and sending acknowledgement only allowing me 28 days to file a defence.
Any guidance please?

Quentin · 11 March 2018 at 5:44PM

Throughout here you are advised never to reveal who was driving.

You need to edit your post to remove details of who was driving

The ppcs monitor this forum and can use your posts against you

Lots of advice in the Newbies FAQ thread near the top of the forum. See #2 for specific advice on Court defences

Post your draft up here for comments before sending it in

fireintheeast · 11 March 2018 at 5:52PM

Thanks I've amended that. Can't seem to find whether the use of the wrong car registration has been a successful part of winning a case?

KeithP · 11 March 2018 at 7:59PM

Is the car regn. still wrong on the Particulars of Claim?

Coupon-mad · 11 March 2018 at 8:04PM

fireintheeast wrote: »

Thanks I've amended that. Can't seem to find whether the use of the wrong car registration has been a successful part of winning a case?

Well you don't need one, so that's lucky. Stop wasting time, you are right that THIS is your main defence, and the fact that it's Gladstones who will muck it up along the way:

My main defence will be the lack of appropriate signage, non illuminated on a non illuminated car park in winter with arrival at dusk. Signs are misleading, contradictory, poorly positioned and mention a condition of parking that is impossible to meet, i.e. park in marked bays; there are no marked bays at all.

The tickets are colour coded and I have the ticket. Nothing in the signage mentions displaying the ticket in a particular way.

However how relevant is the ticket being upside down and the wrong reg number on the PCN should it be a factor in my defence?

Depends on the Judge, worth including as an aside.

Show us your defence, based on all the zillions of other Gladstones defences on here.

twhitehousescat · 11 March 2018 at 8:08PM

do HX actually own and run the car park?

do the tickets state HX parking ?

fireintheeast · 11 March 2018 at 8:58PM

The car reg is correct on the particulars of claim. My thought is how can they get my address with the wrong reg number? Is it a ploy used by unscrupulous car park operators.
The ticket says the name of the car park not the operators name and also has no VAT number. I doubt they own the land I did ask ownership and details of the lease but Gladstones didn't reply.
I'll get my defence up over the next day or so
Thanks

KeithP · 11 March 2018 at 9:05PM

fireintheeast wrote: »

The car reg is correct on the particulars of claim. My thought is how can they get my address with the wrong reg number? Is it a ploy used by unscrupulous car park operators.

They didn't get your address with the wrong number.

There is opinion out there that suggests the PPC deliberately put the wrong reg no, or the wrong colour, on the NtK to solicit a response from the keeper saying something like "you are mistaken. The car I was driving was blue with reg ABC123".

Hey presto!! they now have the driver's identity!

No idea whether that's true or not but is sounds possible to me.

Coupon-mad · 11 March 2018 at 9:06PM

My thought is how can they get my address with the wrong reg number? Is it a ploy used by unscrupulous car park operators.

They take a closer look at the photos and realise their mistake, then ask for the right data.

This is not a huge point of defence but has some mileage if the driver is not being admitted, because the rk can argue that the POFA was not adhered to, due to the NTD (notice to driver on the windscreen) not stating the vehicle, and the NTK failing to 'repeat the info' from the NTD.

fireintheeast · 11 March 2018 at 9:21PM

I was hoping they may have applied to the DVLA more than once. I did ask Gladstone's for a copy of the application. They didn't reply mind you!

Coupon-mad · 11 March 2018 at 9:26PM

Well you can check if the wrong VRN is a real car, by Google searching to see if it's taxed/MOT'd.

Now received court claim

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