Parking Charge Notice in work car park

KeithP

that_girl wrote: »

If it wasn't for this forum I wouldn't have a clue that I need to bring any further documentation with me.

You need to do more than "bring any further documentation with me".

You need to file all that documentation with the court and serve copies of it on the Claimant some significant time before any hearing.

As you claim not to have been notified by the court when that documentation must be filed and served by, you had better find out.

Ring the court tomorrow and a) ask them when that date is, and b) why you weren't advised of that deadline.

Can you show us both sides of that Notice of Allocation? With personal identifying information blanked out of course.

Coupon-mad

read through the supplementary WS on the 'abuse of process' thread. Do i need to include the entire post? this seems a bit much

Use it all, in a supplementary WS so the Judge can read it, all about the added false £60. It is not a 'bit much' if that extra sheet (and the CRA 2015, the POFA and the 3 Beavis case quotes) gets the Judge onside and protects you if you lose, so that at least the £60 x 4 is removed!

Also, as it is 3D Parking with 4 PCNs, and you said ''at the moment it's over £800'' how on earth can one sheet of paper that potentially strikes out hundreds from the claim, be too much?!

I am concerned that as this is your place of work, are you going to admit to driving as it's obvious and the Judge will surmise it anyway, and it is an easier defence stance to talk about in court? Or have I got that wrong and you were not driving?

that_girl

https://imgur.com/HyjYvQS - front

https://imgur.com/hHq8wnP - back

Thanks Coupon-mad - will make sure i include the entire section!

Yeah i think it's an easier defence if i admit to being the driver. The signage states that a 'valid permit must be clearly displayed within the windscreen' which it was, so i think if i say i'm not the driver then they have everything they need to win the claim. It also says on the signage that 'vehicles must park fully within confines of a marked bay', (which their photos show it was) 'not parking on yellow, white or hatched lines' (again, their photos show it wasn't) and then about the disabled space for blue badge holders only.

Surely based on the signage, which the contract is solely based on, they have no grounds to claim any money? I've read around and seen that private parking companies are not allowed to fine or penalise any drivers who break their rules, but only charge for lost income, other losses or damages - which clearly did not occur here as it is a free work car park which i had a permit for.

I'm feeling pretty confident that i can win this but very nervous too!

nosferatu1001

What does the corut say your deadline should have been? Have you advised then you were not told of this, and FORMALLY ie in writing told the court of this deficiency in their documentation? Youre currently contemplating writing something however you dont know if you are already out of time, by how much, and let the court know it isnt your fault...

Your reading around utterly misses
1) They will claim you entered a *contract* with them, and your *contract* states you will pay them for parking there if you break any of the rules that "permit" free parking.
2) Any talk about loss is utterly tricky nowadays, given teh supreme court ruling in 2015

that_girl

I've had no time to call them today. they'll be closed by time i finish work so will have to call them tomorrow and will raise all the points that you've made. I know from reading around the forum that you have to submit the documents 14 days prior to the hearing so will need to submit it by beginning of next week.

1) They will claim you entered a *contract* with them, and your *contract* states you will pay them for parking there if you break any of the rules that "permit" free parking.

It was mentioned earlier in this thread that the signs form the very contract that they are relying on so surely if it isn't crystal clear on the sign which car can park in which bay, then it doesn't matter if maps were emailed around to employees as this isn't what the contractual agreement is formed on? That was my understanding anyway from the responses i've had.

NotanotherPPCscam

Hi that_girl - sounds like your Court documentation follows the same approach that mine did.

I think you should have received a "Notice of Allocation" letter from the Court that would have said something along the lines of

"The Claim will be scheduled for hearing at a later date. Estimated time: xx minutes.

By 4pm on [xx date] each party should provide the Court and the other party a Court bundle containing all evidence which they intend to rely on at the hearing. This may include..."

The letter you have now received just schedules the hearing date (as advised by the previous Notice of Allocation).

So if you didn't receive that first letter from the Court, you need to get them to send you a copy asap and tell them (in writing) that you didn't receive it, so you can apply for an extension if you have already missed the deadline for filing the Court bundle.

that_girl

Hi NotanotherPPCscam

Thank you - I will ensure I mention this when i call tomorrow and follow it up in writing. Assuming I have to post the letter and can't email?

KeithP

that_girl wrote: »

Hi NotanotherPPCscam

Thank you - I will ensure I mention this when i call tomorrow and follow it up in writing. Assuming I have to post the letter and can't email?

You can email.

You'll find an email address by searching here:

https://courttribunalfinder.service.gov.uk/search/

Time is of the essence.

nosferatu1001

I would still call. You want a response immediately.

The *usual* period is 14 days. This is not always the case. We have had 3 months before now.

KeithP

nosferatu1001 wrote: »

I would still call. You want a response immediately.

I agree. But the OP was proposing to write a letter. :eek: