IMPORTANT: Please make sure your posts do not contain any personally identifiable information (both your own and that of others). When uploading images, please take care that you have redacted all personal information including number plates, reference numbers and QR codes (which may reveal vehicle information when scanned).
We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

CC claim form athens security help please!

Options
2456

Comments

  • beamerguy
    beamerguy Posts: 17,587 Forumite
    Part of the Furniture 10,000 Posts Photogenic Name Dropper
    Umkomaas wrote: »
    Sweating like a glass-blower's 4rse is no excuse. Southern softies! :rotfl:

    I know, even Lady Beamer went to lay on the bed ... I thought YAY but no luck, she was fast asleep. I have nicknamed her the BPA now
  • Umkomaas
    Umkomaas Posts: 43,270 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    beamerguy wrote: »
    I know, even Lady Beamer went to lay on the bed ... I thought YAY but no luck, she was fast asleep. I have nicknamed her the BPA now

    I'd get yourself a cold shower, it will help relieve the heat. :rotfl:
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • System
    System Posts: 178,331 Community Admin
    10,000 Posts Photogenic Name Dropper
    Location is very relevant to ASP's claims. Where was it?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • roogoose
    roogoose Posts: 17 Forumite
    Location is very relevant to ASP's claims. Where was it?
    PCN issued in promenade car park, perranporth.

    The particulars of claim are incredibly vague, just has the date, car registration and
    "claimant claims sum for £153 for parking charges and indemnity costs" and info regarding interest.
    It does not state the location nor whether the claim is for breach of contract/trespass, or what parking contravention actually took place. Ie I have no idea what the claim is actually for according to the particulars.

    I will put this in my defence and invite the court to strike it out for lack of information, however I was wondering if I do that, should I also put in that the notice to keeper has incorrect information thus suggesting I do know what the claim is for?

    NB I have not contacted glad stones for clarification of the particulars and my defence needs to be in by the 31st so I think it is too late to do this now?

    Thanks again for your help everyone!
  • Coupon-mad
    Coupon-mad Posts: 151,216 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Try searching this forum and pepipoo (as linked above already) for the word 'Perranporth' and you will find other recent similar cases and defences. I know there's a current one on one or other forum right now, can't remember the username but a search will find them.
    However whilst doing all this I have been looking back through the documentation and realised on my notice to keeper letter that they have stated the "Period of parking" as 00.00 to 16.22.
    Now the period of overstay was 16:00 until 16:22. I still have the pay and display ticket that says I entered the car park at 15:00 and paid until 16:00.
    My question is, is this mistake on the NTK enough to form a defence?

    That can be included in the defence but I would be vague about the error, at this stage, let them guess...e.g. saying that 'the NTK fails to meet the POFA 2012 so as keeper, I cannot be liable' is a defence point that will not tip them off that in fact, among other omissions, the NTK fails to define the period of parking or to correctly repeat the information in the PCN. They will find that out later when you submit your full defence and witness statement prior to the hearing- and you can use the POFA to evidence all omissions.

    I did write a defence earlier today you could look at (different circs but just seeing some defences laid out will give you an idea of what you can say).
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,331 Community Admin
    10,000 Posts Photogenic Name Dropper
    Would love to see the contract for this one. Make sure you ask for it in your defence.

    Earlier contracts have no allowance for AS to take action in their own name so put them to strict proof the Garden Charity has permitted this. Or ask the charity directly. Unless there is a clear answer from them plus a copy of the contract, introduce their reply to show vagueness.

    email : gardenscharities@yahoo.co.uk

    phone : 07881 521730 or 01872 571605

    write: The Gardener's Room, Boscawen Rd, Perranporth TR6 0EP
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • The_Deep
    The_Deep Posts: 16,830 Forumite
    edited 29 August 2016 at 8:56AM
    Re that extra £50, it is not allowed, read the Gan letter to Miah, it is a stinker

    http://www.pepipoo.com/forums/lofiversion/index.php/t98605.html
    You never know how far you can go until you go too far.
  • pugger
    pugger Posts: 138 Forumite
    The Gardens Charity will not help, they are as greedy and lacking in ethics as the ppc themselves. You'll most likely get sent a witness statement.
  • HO87
    HO87 Posts: 4,296 Forumite
    pugger wrote: »
    The Gardens Charity will not help, they are as greedy and lacking in ethics as the ppc themselves. You'll most likely get sent a witness statement.
    Have you had other dealings with them? Any other insights you can provide?
    My very sincere apologies for those hoping to request off-board assistance but I am now so inundated with requests that in order to do justice to those "already in the system" I am no longer accepting PM's and am unlikely to do so for the foreseeable future (August 2016). :(

    For those seeking more detailed advice and guidance regarding small claims cases arising from private parking issues I recommend that you visit the Private Parking forum on PePiPoo.com
  • Marktheshark
    Marktheshark Posts: 5,841 Forumite
    Seventh Anniversary 1,000 Posts Combo Breaker
    Accepting part of the claim will lose outright.
    You either accept the terms of the contract or you do not.

    You admit NOTHING, you make them prove everything and you use your payment slip to prove their claim is false as you did not arrive until several hours after they claimed.

    Agreeing with them and making it easy for them will lose.
    I do Contracts, all day every day.
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.7K Banking & Borrowing
  • 253K Reduce Debt & Boost Income
  • 453.4K Spending & Discounts
  • 243.7K Work, Benefits & Business
  • 598.5K Mortgages, Homes & Bills
  • 176.8K Life & Family
  • 256.9K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.