Defence mitigating circumstances

Staceyplindfield

I parked in a lay by (which is located on hospital grounds - but has residential homes hence why I parked there) I took my daughter to accident and emergency and a few weeks later I received a pcn in which they had a picture of my vehicle, I disregarded the letter and glad stones started writing to me, after the 3rd letter before claim arrived and so I responded asking to waiver charge explaining mitigating circumstances as was taking daughter to a and e, I have now received the claim form and provided them a aknowledgement, I have only 14 days left for a defence, am panicking, I have read almost every thread and website regarding private parking but just wondered if anyone has won on mitigating circumstances., obviously I didn't see the signs or I wouldn't have parked there, just feeling a little nervous.

waamo

Read the thread at the top of this forum marked Newbies...read this first. There is a whole section on defending court claims. Read it several times.

You will have many questions once you've read it. Feel free to ask but have a very good read first.

Staceyplindfield

I have read newbies thread and pretty much all other threads but concerned that mitigating circumstances won't stand up in court.

System

Which parking company?

Remember it is for them to prove all the elements of a claim. Even if you said nothing other than deny the debt, they would still have to prove their case.

Read the Newbies thread again.

waamo

Generally they won't. It doesn't hurt to add them into a defence though to make it more personal to the judge. Taking a child to A&E adds a human element to things.

Guys_Dad

From your posts, through lack of knowledge, you have missed the golden opportunity to strangle this charge at birth. You wrote ".............and a few weeks later I received a pcn in which they had a picture of my vehicle,"

In order to pass the charge on to you as the Registered Keeper, they had only 14 days to get the Notice to Keeper to you. It seems they failed.

But you have admitted being the driver, so lost that chance.

You have tried mitigation - PPCs ignore that as it means they lose out on income, so you are now having to rely on any failures that they have made in signage and/or paperwork.

Understand the points made in the Newbies thread, but recognise that your chances are very much slimmer because you have admitted driving.

You could try PALS (Google it) to see if they will help.

Geoff1963

It doesn't hurt to add them into a defence though to make it more personal to the judge. Taking a child to A&E adds a human element to things.

Does it also affect the clarity of signage requirement ? Most people who visit a hospital are under more stress than average people, so signage needs to be proportionally more clear ; to cut through the mental fog. A person attending a Private Parking Industry conference, would presumably not need so much clarity.

Googling "musket load multiple bullets" finds examples of soldiers in battle "reloading" many times, not noticing that in between, it hasn't fired.

Staceyplindfield

This was the letter I wrote......

You issued me with a parking ticket on the 13th December 2016, but I believe I was unfairly issued, I will not be paying your demand for payment for the following.....
Mitigating circumstances
There are mitigating circumstances to explain why the vehicle was parked where it was and I am requesting that the charge be waived for this reason, please see attached evidence as proof of my claim.

My young 6 year old daughter had woken up in pain with her ear due to the earring stud entering inside the earlobe, having taken her straight to the doctors we were reffered straight to accident and emergency department, due to a distressed child and quickly needing medical attention, the vehicle was parked in what assumed a lay by for residents within south down parks, I did not see any signage of any parking restrictions as I had not parked in the hospital car park, and assumed was roadside parking and was unfortunately in a rush to get my daughter to a&he.

Should this matter go further I will be able to obtain more proof from the hospital.

Regards

Staceyplindfield

Thank you, the firm is uk car park management/ glad stones

System

What is the reference number on the "Gladstones" letter? Does it start with a 1*** or a 3****

Staceyplindfield

IamEmanresu wrote: »

What is the reference number on the "Gladstones" letter? Does it start with a 1*** or a 3****

Starts with a 1