Parking in the Copper Quarter

SAJoe

A driver received a Parking Charge Notice from Millennium Parking Services in 2014 after possibly parking in the Copper Quarter in Swansea. The driver followed many other parkers to park there obviously unaware about the PCN’s being handed out by MPS. After ‘‘advice’’ from other parkers with PCN’s attached to their windscreens, the driver ignored all correspondence from MPS. The driver has now received a letter from the courts and is unsure on what next to do. Having just read your advice on not to ignore since 2012, the driver realises they have probably done the wrong thing by taking their advice literally. Is it too late to appeal? If not, what can the driver do at this stage. Any help will be greatly appreciated.

Umkomaas

Far too late to appeal - that ship has long sailed if you're at court stage.

Have you actually had court papers from the Northampton County Court with (scant) particulars of claim?

SAJoe

Yes but there are no particulars of the 'claim'

Umkomaas

You need to acknowledge service of the papers - pronto - to get you an additional 14 days (28 in total from the date of service) to lodge a defence.

Do not write anything in the 'Defence' box when acknowledging service - not even a full stop - NOTHING. You will prepare your defence in the 28 day slot.

Read the NEWBIES FAQ sticky (one page back from this one) and go to the link Small Claim?, which takes you to Bargepole's excellent synopsis of the procedures you will now have to follow.

You also need to do plenty of research on this forum, on PePiPoo, Consumer Action Group (CAG) and Legal Beagles forum websites - use search terms like 'Millennium Gladstones' to bring up some recent MPS/Glads cases.

You can draft your defence and post it up here where the small number of regulars with court experience can give you some feedback.

If this is residential parking read the following:

http://parking-prankster.blogspot.co.uk/2016/11/test-cases-scheduled-for-overstone.html

http://parking-prankster.blogspot.co.uk/2016/11/link-parking-lose-in-wrexham-flat-owner_2.html

http://parking-prankster.blogspot.co.uk/2016/11/tenancy-agreement-not-overruled-by.html

And the persuasive judgment from a very recent county court appeal case:

http://nebula.wsimg.com/f6d657adf7df70d27e1dd285688b5701?AccessKeyId=4CB8F2392A09CF228A46&disposition=0&alloworigin=1

SAJoe

The driver has actually returned the first court letter by ticking that the driver intends to contest the charge after advice from CAB and the driver has received today a completed Directions Questionnaire (Small Claims Track). What can the driver put in their defence that may help their appeal? And, the driver thinks it is residential parking on a housing estate.

Umkomaas

What can I put in my defence that may help my appeal?

This is not an appeal - it's a full blown court case.

You need to do the research work to find a number of defences in various stages of drafting from which you can start to develop your own.

I'm sorry that no one will do this from scratch for you. We are inundated and there are very few regular contributors available, so a lot of this will have to be done by you, but those with the experience will look over your drafts and advise.

Northlakes

Is this case on Pepipoo linked?

http://forums.pepipoo.com/index.php?showtopic=110213

SAJoe

The driver's defence is that the driver was totally unaware that PCN's may be issued by MPS if parked in that area. The driver certainly did not see any signs warning of this. As far as the driver was aware, the driver was parked legally and think that a charge of £250 is absolutely unjust. The driver is unsure what else they could say.
Do you think the driver should contact Gladstones and ask for photographic evidence and ask to clarify:
a) If you are alleging a contract was in place by signage, please provide a copy of the contract and an explanation on how the charge arose
b) If you are alleging the contract was in place by performance, please provide a signage map at the time of the incident
c) Please supply a list of other documents your client will rely on in court, such as copies of photographs showing the signage in place
d) Please supply a copy of your client's authority to issue charges on this land
There was no loss/damage caused whatsoever and MPS is not the landowner.
Would this form any basis for a defence?

SAJoe

Sorry Northlakes. Not connected

Northlakes

You aren't a resident then?

Redx

you can try a part 18 request if you like but its likely GLADS wont respond, and in any case you still need to draft your defence , regardless

there is no "appeal" in this , its a claim by a claimant and you are the defendant so are writing your defence , its a court claim , an MCOL