Second county court claim form from gladstones!

safarmuk

Looking at Google Street View - the sign is for UKPC not UK CPM. See below:

https://www.google.co.uk/maps/place/Clarendon+Rd,+Watford+WD17+1JR/@51.6573777,-0.3979924,3a,75y,206.72h,91.51t/data=!3m7!1e1!3m5!1saVPoSK7EPWFLpisd-7nOcg!2e0!3e11!7i13312!8i6656!4m5!3m4!1s0x48766ac143f0222d:0x36f07dd0a7dfdc1b!8m2!3d51.6574028!4d-0.3977596

I'm also confused, I thought you said you had never been to Watford in your original post?

Bama88

No never been to Watford. I meant they were operating in the area in Cardiff. Where the car was actually parked that day.

Bama88

So it's clearly just an admin error then? I'd have thought that making such a big mistake on court paperwork would mean the case should be thrown out for that alone? Or am I being niaive?

safarmuk

Well, it is interesting.

Without seeing your paperwork, it appears the claim is from UK CPM, with pictures of your car in Cardiff, but with a site address in Watford which appears to be operated by UKPC ...

I doubt this is "fatal", but it isn't good for them IMO. What is the basis given for the PCN?

Bama88

The initial PPC claims that "the pcn has been issued due to my vehicle being parked in a manner whereby the driver became liable for a pcn at Clarendon Road where we are authorised to manage on the said date"

It also falsely claims that "The terms and conditions of parking on this private land are clearly set out on the signage installed within the car park"

"By parking within this car park you are bound to these terms and conditions and liable to pay a charge if you breach these t&c's"

As I've said, this is a private road, not an actual car park that you enter. And there were no signs at all. So even if they had put the correct address or even the correct country on the pcn - the facts are still incorrect.

[Deleted User]

It could be fatal (but they could reissue a claim for the correct site if they want).

If they haven't pleaded that you are in breach of terms at Cardiff, but terms in Watford, I think you can safely deny that. The pleading is the only case you have to answer. Indeed, they haven't even said what the parking terms are. You cannot be criticised for responding to the case put to you. It is not for you to gift them a claim.

Accuracy as to location is critical if one considers that cars may be parked in different locations several times per day. It is fundamental to the alleged contract that entitled them to ticket too.

I would resist expressing any view on their photo evidence certainly for now. Obviously you must adduce evidence to prove that you (and preferably your car) were in Wales on the day/date/time in question. the witness evidence may need careful handling.

Bama88

So you think I should just proceed with my evidence that I and my car were in Cardiff on the date and time of offence, not Watford and make no reference to knowin the original ticket has the wrong address on it?

safarmuk

So just to clarify:
* The car was parked in Wales
* The photos show a car parked in Wales
* The address of the infringement on the claim is in Watford
* The driver nor the registered keeper have ever been to Watford and were not in Watford on that day
* The address in Watford actually for all intents and purposes (due to current Google Street Maps) seems to be managed by a different PPC (UKPC not UK CPM whom the claim is from)

Am I right in my summary?

[Deleted User]

The ticket you paid (the work ticket) is irrelevant to this claim. This is a new matter.

My understanding is that there was no windscreen ticket for this one or that it was not retained. Is that correct?

It seems to me that you can recall once getting a ticket on the road (the Cardiff road ticket) but you have no way of knowing if this is the same or different given the description of it being in Watford and the passage of time does hinder further investigation.

Indeed if this ticket was issued at your place of work, thats would be a third potential site.

It's defensible but the risk lies with the potential for a pyrrhic victory - if you win at court only for the evidence elicited there to be used to pursue a new claim correctly issued.

Bama88

Yes, correct on all points 👍🏼