Private Disabled Bay Court Case in July

lstinsley

Hello, thank you for opening up my thread to see if you can help.

My husband has an issued small claim from PCN (NW) Ltd (St. Helens College) due to be heard in July.


He worked at the college for 15 years which shares its car park with a pizza hut and a cinema.

On a particular week, he had prolapsed two discs in his spine (a recurring 10 year medical problem) and following a week off work he returned. He pulled up to the manned box with the parking attendant and explained his back was gone and walking was difficult. He asked if he could park in a disabled bay - close to the door of work. The parking attendant said yes. My husband did this again on another occasion that week on account of his back.
He subsequently received fines for both times he parked there.
We had a look online and at the time, we decided to ignore the letters. I know now having looked again that this appears to have been a bad judgment call. And this ticket has has turned into a small claim.

When my husband spoke with claimant solicitors about potential settlement before the hearing they wanted £150 to settle. They reminded him that he also has another outstanding ticket and so they are not prepared to budge on the price as it is inclusive of settling the 2nd ticket too.

The case is now approaching and I believe he had valid reason for parking in a disabled bay but I would be so grateful for any assistance you could offer in helping us to understand where we truly stand on this.

I have tried to do my research, before launching a new thread but there is little on this particular area as he did not park there 'by accident' , he believed he qualified for a spot and had the authority of the car park.

I must emphasise that the car park where he parked in the disabled bay is specifically for college staff badge holders, which he was, but he does not possess a blue badge.

Thank you very much x

Dee140157

Someone will be along shortly to give you the help you need.
Who are the claimant solicitors?

headpin

Blue Badges have no validity in a private car park. Similarly a Private Car Park owner cannot issue fines.

You can only be "sued" for trespass and/or breach of contract. You should really have used the POPLA process. However, you can fight in the Small Claims Court as the amount of damages must be in relationship to the potential loss, especially if the claim is for breach if contract. The sum claim will not be and so is probably not enforceable.

You need to make sure you submit a defence and attend Court. It is probable the PCC will not and you will win in default. Also make sure you ask for the hearing to be in your local County Court.

Suggest you post on here for advice with full details of claim and you'll receive loads of good advice.

lstinsley

Hello, thank you

It is Gladstones.

lstinsley

headpin wrote: »

Blue Badges have no validity in a private car park. Similarly a Private Car Park owner cannot issue fines.

You can only be "sued" for trespass and/or breach of contract. You should really have used the POPLA process. However, you can fight in the Small Claims Court as the amount of damages must be in relationship to the potential loss, especially if the claim is for breach if contract. The sum claim will not be and so is probably not enforceable.

You need to make sure you submit a defence and attend Court. It is probable the PCC will not and you will win in default. Also make sure you ask for the hearing to be in your local County Court.

Suggest you post on here for advice with full details of claim and you'll receive loads of good advice.

Thank you, we have submitted a defence. I have all our documents to date and once I have removed the private info I will upload here to see if someone can help.

I just rang my husband about the whereabouts of some documents and he tells me that he has agreed a settlement via email with them as he was worried about attending court.

Therefore - is this thread too late? Are we now committed to the settlement?

Dee140157

Gladstones is a debt collector
Read this thread carefully.
https://forums.moneysavingexpert.com/discussion/comment/64750464#Comment_64750464
I don't think it is too late to change your mind. But someone else will reassure you.

Dee140157

Also you should have a good read of thread 4 of the Newbies thread at the top of the forum. It talks you through the process regarding debt collectors.

Coupon-mad

Gladstones are also solicitors with Will Hurley filling in the claim forms (he is also connected to the IPC I seem to recall).

PCN(NW) doesn't have a contract with the landowner I seem to recall - they are an agent of an agent! There's a case on pepipoo from last month where PCN(NW) either lost or gave up on that basis, after they actually proceeded to court hearing (they normally bail out when they see a decent defence).

So what was your defence wording please? Equality Act 2010 plus verbal contract to park there due to disabling condition? No loss? No contract/standing of PCN(NW)?

Have you yet had to submit your court bundle? Hope not as I'm concerned you may have missed some tricks if you've only just found the forum and/or pepipoo forum. You need to in fact read post #5 of the NEWBIES thread about small claims defence.

Dee140157 wrote: »

Also you should have a good read of thread 4 of the Newbies thread at the top of the forum. It talks you through the process regarding debt collectors.

In this case, the OP does seem to have a small claim from Will Hurley, Solicitor at Gladstones (who also send debt collection style letters - confusing we know!).

Dee140157

Ah, I was worried I had it wrong, sorry Istinsley.
Coupon-Mad is the person to listen to now. I'm still learning.
She and others will help you construct your defence.

Stroma

We need to know what you've defended with on this claim, so please follow the instructions by coupon mad , you need to defend this properly. It sounds like entrapment to me as you were given permission to park there then this person who probably is on commission ticketed you.

lstinsley

Good morning and thank you, I will read the mentioned forum links.
I will post our defence here shortly along with other valid documentation , many thanks for your help so far x