County Clourt Claim received for PCN

Bogadala

I read the FAQS and understood that i should start a new thread for Small Claims, which was posted elsewhere in April 2017.

Popla appeal refused
#2608 22nd Apr 17, 10:56 AM
Hello All.
I am newbie here. Trying to find a solution to my frustration.
The gist of my appeal to POPLA was as follows

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*That I paid for the parking fee, which avoided loss to the parking company.
*The Dashboard on the Rangerover is sloped/curved and the parking ticket could have slipped on to the steering, due to the air gush when the door was closed.
*The parking ticket had no self adhesive to stick it to the dashboard.
*I have shown the ticket to the parking attendant on my return to the car, while he was still there and he asked me to appeal.
*My intentions were not to breach the terms and conditions of parking site, hence bought a ticket and should not be penalized with unreasonable amount.

PEA nor POPLA could consider the circumstances and reply was as below....

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ASSESMENT DECISION was on 30/03/2017 on their website
Unsuccessful
Assessor summary of operator case
The operator’s case is that the appellant failed to display a pay and display ticket.

Assessor summary of your case
The appellant’s case is that they purchased a pay and display ticket but it slipped down the dashboard, as the ticket did not have any self-adhesive.

Assessor supporting rational for decision
The operator has provided photographic evidence of the signage located around the site in question. The signage states, “Not displaying valid permit/ticket clearly on the dashboard…Parking Charge Notice is £100”. The operator has provided photographs of the appellant’s vehicle parked at the site in question. The photographs provided show the appellant’s vehicle without clearly display a pay and display ticket. The operator has issued the Parking Charge Notice (PCN) as the appellant failed to display a pay and display ticket. I acknowledge the appellant purchased a pay and display ticket but it slipped down the dashboard as the ticket did not have any self-adhesive. However, from the operator’s photographic evidence of the appellant’s vehicle I cannot see a pay and display ticket displayed on the dashboard. In order for the warden to assess that the vehicle was authorised to park at the site, a pay and display ticket would need to be clearly visible in the vehicle. As it was not, the warden has issued the PCN, as they would have been unaware whether the vehicle is authorised to park at the site. POPLA’s remit is to assess whether or not the appellant has adhered to the terms and conditions of the site in question. Therefore as the appellant failed to display the ticket correctly, I am satisfied the appellant has not adhered to the terms and conditions of the site. Ultimately, it is the responsibility of the motorist to ensure that when they enter a car park, they have understood the terms and conditions of parking. By remaining parked on site, the appellant accepted the terms and conditions. On this occasion, the appellant has failed to follow the terms and conditions of the signage at the site and as such, I conclude that the operator issued the Parking Charge Notice correctly.

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I haven't got any debt collection letters yet. I wish to fight in the the small claims.
Should I write to the company and tell them to file it in the court for me to defend or wait for the harassing letters to pour in.

What I don't want is they clamping my car if parked again in any of their other controlled areas as there is a pending charge for them to collect. While the one I initially parked is closed and buildings are developed currently.

Please could anyone be kind to advise. Appreciate your help in advance.
Regards

Bogadala

Since the above post I posted the below...

21st Jul 17, 7:14 PM
Hello All

I thought I may not be needed to post here following my previous post, but regret PEA have given it to a debt collection and as expected received letter followed by county court claim dt 14/07/2017, for £265/- including charges and costs and interest to accumulate further.

I would like to defend and change the court to my local area.
Any suggestions as to how to point the defence, so that the judge would see my side of the argument that there was no loss to the company and the penalty is disproportionate and unfair.

Further as the said parking site is cordoned off for flats development, i cannot prove the terms and conditions on the signage as it existed, if at all

Any help is greatly appreciated in advance.

Thanks.

Bogadala

Just to update further info to the above post:

The Claimant is
Parking And Enforcement Agency Limited,
Belfast

Address for sending documents is
CBS Solicitors Limited
Chiswick High Road
W4 5YA

Coupon-mad

What I don't want is they clamping my car if parked again in any of their other controlled areas as there is a pending charge for them to collect.

Lucky that private clamping has been illegal - a criminal offence, against the law since 2012, then!

I would like to defend and change the court to my local area.

Yes, that happens automatically when you fill in and nominate your local court in the N180 DQ form, later, after submitting the defence, which comes after acknowledging the claim (AOS). All of these stages are explained in post #2 of the NEWBIES thread, in details with a guide to AOS stage, then linked defence examples to read & copy from

Any suggestions as to how to point the defence, so that the judge would see my side of the argument that there was no loss to the company

No chance with that line of argument.

and the penalty is disproportionate and unfair.

Well yes, but TBH you just need to read other defences over the weekend and do the AOS online to buy more time to defend.

System

Are you in N. Ireland or England/Wales?

What I don't want is they clamping my car if parked again in any of their other controlled areas as there is a pending charge for them to collect.

Seems to indicate you are not in England/Wales

Bogadala

Yes I live here in Ealing. Thanks

Coupon-mad

OK, so by now you will have done the AOS and have had a week to look at defences (we have shedloads).