County Court Claim Form from Premier Park

aramsay1

Hi, I’m assisting my Mum who’s had a ticket from “PremierPark” of Exeter. She was parked in a Morrison’s car park that had 30 mins free,she over stayed by 11 mins on 27/11/13. She did buy some items from Morrison’sthen went onto a Doctor’s appointment that over ran. They are claiming againstthe registered keeper

I said she should just ignore it but felt she should respondand contest it. As she’s from an era when companies were reasonable, this timeis long gone though. She appealed to Premier Park, they say she lost her appealbut didn’t give any details. She tried to escalate this to POPLA with no luck.

Original ticket cost was 60 then went up to 100 fornon-payment, they used an ANPR camera to catch her and sent her a “parkingcharge notice” with her car and reg clearly shown, the document was sent withintwo weeks of the incident on 04/12/13.

This was then been handed off to Gladstone’s Solicitors ofKnutsford, who first issued a notice asking for 150 to be paid within 14 days from14/03/14. (I work in Knutsford so might be able to utilise this and visit themif needed). There is no mention of Breach of contract or trespass or a "contractualsum", they state it’s for the “exceeded maximum stay period”. Then thenon-payment of debts relating to parking charges.

A letter before claim arrived 14/08/14 from Gladstone’sSolicitors.
Now a Claim Form from the county court has arrived, theyhave asked for; amount claimed = 158.55, court fee 25, Solicitor fees 50. Total amount 233.55.

I’ve told my Mum we are going to contest it, I understand weneed to register this within 14 days of the letter arriving which was 19/09/14,then another 14 or so days building the defence. Looking for some help/advicein building the defence. Or a way to get the case dismissed with Premier Parkor Gladstone’s Solicitors.

Also have got her to write to the CEO of Morrison’s toregister her disgust and ask them to intervene. I also her to visit the carpark and take pictures of any signs.

She’s been to the Citizens Advice who offer the belowadvice.
Offer a nominal sum on the basis that I was only 11minutes over.
Plead on health grounds.
State how many other cars were in the car park (think 3)at the time to prove they were not losing revenue.
Say I am a pensioner and living alone.

Looking forward to some replies.

Thanks Andrew

EnigmaPart1

She’s been to the Citizens Advice who offer the belowadvice.
Offer a nominal sum on the basis that I was only 11minutes over.
Plead on health grounds.
State how many other cars were in the car park (think 3)at the time to prove they were not losing revenue.
Say I am a pensioner and living alone.

Shocking advice, please send me the details of who ever gave that utterly inept advice.

bazster

Actually for the CAB that's pretty good. Normally they just say "pay".

aramsay1

The advice would have come from the local CAB in Wootton Bassett, Wilts

I don't think the advise is too bad, it's free and she got seen on the day of asking.

EnigmaPart1

aramsay1 wrote: »

The advice would have come from the local CAB in Wootton Bassett, Wilts

I don't think the advise is too bad, it's free and she got seen on the day of asking.

Sorry but you are wrong.

With that kind of advice she might as well not bother defending a claim (if it were to be used)

I would therefore suggest three things:

1. Ignore the advice given
2. Go to the CAB office and tell them to take some proper advice on dealing with private parking advice before given awful advice to people
3. If they cant give good advice then they should just say they cant give competent advice and sign post people to the right places.

aramsay1

The CAB was just one avenue to gain more information, I won’tbe advising her to return there on the limited information she was given. Thisis why I’m reached out here looking for better advice.

wiogs

Have you read the Newbies thread?

http://forums.moneysavingexpert.com/showthread.php?t=4816822

Ignore has not been the advice (in England) for some considerable time.

I would ignore the CAB though

Coupon-mad

The CAB advice is TERRIBLE. That is not how to defend a court claim re a PPC.

Read the Newbies thread post #5 (ALL LINKS) then show us your draft defence & we will help. Forget the CAB, utterly useless.

aramsay1

Hi I've not written a skeleton defence, removed details that allow the claim to be identified, please can someone assist with a review.


On ???????, I was a bona fide customer of ????, after purchasing some items from the store I made my way to my local Doctors to make an urgent appointment. The alleged over stay of around ??? minutes was caused by my local Doctors running behind with appointment bookings. The alleged overstay is, therefore, a matter between the landowner, and the Claimant.

I would also assert that I am not liable to the Claimant for the sum claimed, for the following reasons:

• The Claimant’s notices do not create any contractual relationship between the Claimant and motorists using the car park.
• Any consideration flows from the landowner. The Claimant therefore has no standing to bring claims in their own name.
• The Claimant has suffered a maximum loss of £1 for the alleged overstay, and their charge starting at £60 and rising to £100 is therefore not recoverable.
• I believe that Premier Park are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 as the charge levied is disproportionate.
• In the event Premier Park claim they are charging for breach of contract, the charge cannot be a true pre-estimate of loss.
• The signage is not sufficient to create a contract between Premier Park and the motorist.
• Reasonable Adjustments are expected under The Equality Act 2010, as I am a pensioner my mobility is not as good as it once was meaning I will move slower and thus take longer to return to my vehicle.
• Poor appeal process that lacked transparency, correspondence not replied to, was documents submitted shared between all parties. Left feeling standard procedures / practices were used and the case not being reviewed on its merits.
• Due to the urgency of the appointment I could not just walk away. Documentation forwarded for the ??? proved this.
• I am a law abiding citizen and would never knowingly break parking restrictions. Proved by ?? years without any parking tickets.

The above points will be explained fully in the Witness Statement which I shall serve not later than 14 days before the date of any hearing.

EnigmaPart1

aramsay1 wrote: »

Hi I've not written a skeleton defence, removed details that allow the claim to be identified, please can someone assist with a review.


On ???????, I was a bona fide customer of ????, after purchasing some items from the store I made my way to my local Doctors to make an urgent appointment. The alleged over stay of around ??? minutes was caused by my local Doctors running behind with appointment bookings. The alleged overstay is, therefore, a matter between the landowner, and the Claimant.

I would also assert that I am not liable to the Claimant for the sum claimed, for the following reasons:

• The Claimant’s notices do not create any contractual relationship between the Claimant and motorists using the car park.
• Any consideration flows from the landowner. The Claimant therefore has no standing to bring claims in their own name.
• The Claimant has suffered a maximum loss of £1 for the alleged overstay, and their charge starting at £60 and rising to £100 is therefore not recoverable.
• I believe that Premier Park are in breach of the Unfair Terms in Consumer Contracts Regulations 1999 as the charge levied is disproportionate.
• In the event Premier Park claim they are charging for breach of contract, the charge cannot be a true pre-estimate of loss.
• The signage is not sufficient to create a contract between Premier Park and the motorist.
• Reasonable Adjustments are expected under The Equality Act 2010, as I am a pensioner my mobility is not as good as it once was meaning I will move slower and thus take longer to return to my vehicle.
• Poor appeal process that lacked transparency, correspondence not replied to, was documents submitted shared between all parties. Left feeling standard procedures / practices were used and the case not being reviewed on its merits.
• Due to the urgency of the appointment I could not just walk away. Documentation forwarded for the ??? proved this.
• I am a law abiding citizen and would never knowingly break parking restrictions. Proved by ?? years without any parking tickets.

The above points will be explained fully in the Witness Statement which I shall serve not later than 14 days before the date of any hearing.

Get rid of what i have bolded and underlined its not relevant or needed

Coupon-mad

I agree with EnigmaPart1, remove all the stuff in bold. The other points are pretty good IMHO. So get that defence submitted seeing as the claim form is over 2 weeks old now. Have you already acknowledged service of the claim as you should have done within 2 weeks first?

She appealed to Premier Park, they say she lost her appeal but didn’t give any details. She tried to escalate this to POPLA with no luck.

Has she complained to the BPA? The PPC is not allowed to reject an appeal without providing a POPLA code - did they provide a POPLA code? What happened then?