*URGENT HELP* Appealing Parking Charge taken to court

GiaPetite

Hello people.

I really need some help and advice. I have been sent a letter by the County Court Business Centre for an unpaid parking charge notice issued on the 14th March. I have sent an Acknowledgement of Service, which grants me 28 days from then to prepare a defence and send it off. I really need some help with writing a defence because unfortunately my Grandad suddenly died recently and I haven't got time to write one as I am busy with work and funeral preparations. His funeral is on the 12th April. I am also dyspraxic, which means it takes me longer to process information and to write something like this.

The PCN was received by the driver on the 31/05/17 and on recommendation of their parents it was ignored because they said PCN's weren't enforceable by law because it was issued by a private company (now they are cracking down on this). Subsequent letters were received on the 6th and 22nd September by ZZPS asking for £140 and then on the 16th October and 2nd November asking for £236. These were ignored because they didn't look very legitimate and are basically a bullying tactic to get you to pay.

As the driver didn!!!8217;t write to Civil Enforcement straight away to contest it, they can't appeal it directly through them anymore and hence don't have the opportunity to appeal it with POPLA either as it wasn't rejected. This daylight robbery can't continue to happen. It needs to be appealed and won.

So I will give you the details surrounding this. The driver was visiting their boyfriend who was a tenant at a flat. They were parked in 'V' for visitor parking as all of the flats have their designated space. They didn't know there were time restrictions, as it wasn!!!8217;t stated on any of the signs. However it was stated on the first PCN letter they received that !!!8220;you can't park for longer than 90 minutes as clearly stated on the signage!!!8221; (haven!!!8217;t got this letter but have kept all other correspondence). On the ZZPS and QDR Solicitors letters that the driver received it says: 'PARKED ON PRIVATE PROPERTY IN BREACH OF THE PROMINENTLY DISPLAYED TERMS AND CONDITIONS' and on the County Court Business Centre letters it says: 'CLAIM FOR MONIES RELATING TO A PARKING CHARGE FOR PARKING IN A PRIVATE CAR PARK MANAGED BY THE CLAIMANT IN BREACH OF THE TERMS + CONDITIONS. DRIVERS ARE ALLOWED TO PARK IN ACCORDANCE WITH THE T+Cs OF USE. ANPR CAMERAS AND/OR MANUAL PATROLS ARE USED TO MONITOR VEHICLES ENTERING + EXITING THE SITE''

The thing is, the terms and conditions were not displayed on the signs at all let alone 'Prominently Displayed'. The driver went back to the car park and took pictures of these signs. Unfortunately I can't post them as I am a new user but one sign said:

PERMIT HOLDERS ONLY. See car park signs for terms & conditions. PRIVATE LAND. Site managed using ANPR and manual patrols by Civil Enforcement Ltd.

The others said:

PARKING CONDITIONS. CHESTNUT HOUSE RESIDENT PERMIT HOLDERS ONLY. If you breach any of these terms you will be charged £100. These terms apply at all times. Additional costs/recovery charges will be incurred if payment is not received within 28 days. We use manual patrols and ANPR cameras to monitor this private property and may contact the DVLA to request the Registered Keeper's details in order to send a Parking Charge Notice (PCN).

On the signs it says that parking is for Resident Permit Holders only but they have 'V' spaces for visitors. If visitors can only park in the 'V' for 90 minutes, surely this has to be in black on white on the signs? Regardless terms and conditions are not displayed and the driver spoke to their boyfriend's ex landlord about whether visitors needed a visitor permit and he said they did not and they were never notified if this was the case. He has since sold his flat.

The driver took a picture of a car parking in the 'V' spot today and nobody had a permit.

The only sign visible, which had any kind of information on, was a sign in the opposite car park to the flat car park (I think it is for the pub), which was divided by a fence.

I don't believe these are the parking T+C's for the other car park as it has a different name and it also says 2 hours not 90 minutes which was stated on the letter the driver received. I think these are different car parks as the PCN the driver received was from an ANPR camera and there is no mention of ANPR cameras on that sign. I believe the other car park signs should be as clear as this one though as the driver has essentially entered into a contract without the terms and conditions being made aware to them. It is also not a pay and display car park so how is several hundred proportionate as there would be no loss of earnings? It's not fair.

Anyway please could someone advise me and help me on this as I am running out of time and it's stressing me out. This has really come at a bad time. I'm sorry if I over complicated and made the thread too long but I wanted to give as much info as possible.

Thank you users in advance!

Fingers crossed I can win this. Hope to hear back soon!

waamo

You need to study this thread very carefully https://forums.moneysavingexpert.com/discussion/4816822

Post 2 details the court process with examples of defences.

As your parents got you into this mess will they help get you out of it?

pogofish

If you need urgent help, reading the Newbies Sticky at the top of this forum will point you at all the essential info much faster than starting a thread about it.

Coupon-mad

Civil Enforcement

We don't need any details, copy the one linked in the NEWBIES thread post #2 and adapt it.

Here's what happens next, so please no post next week, worrying about the usual letter they send:

https://forums.moneysavingexpert.com/discussion/comment/74088561#Comment_74088561

As long as you do what's required, including the Directions Questionnaire, as per the NEWBIES thread, CEL will end up discontinuing nearer to the hearing.

GiaPetite

Hi there,

I was hoping someone could help me write it. There is so much information that I am overwhelmed. I don't know where to start. I have a learning difficulty and find this sort of thing really hard.

Thanks

Quentin

Get someone to assist you writing it (maybe the driver's parents who gave the poor advice originally) - copying a defence and adapting it isn't too onerous for them!


Throughout here you are advised never to reveal who was driving.


Remove those details from your post #5


The pcs monitor this forum and can use your posts against you


So if you have inadvertently used your real name in your post and as your forum name then get MSE to change it to something truly anonymous

The_Deep

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

Hospital car parks and residential complex tickets have been especially mentioned.

The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.

Coupon-mad

GiaPetite wrote: »

Hi there,

I was hoping someone could help me write it. There is so much information that I am overwhelmed. I don't know where to start. I have a learning difficulty and find this sort of thing really hard.

Certainly do not consider PAYING anyone to write it for you. :mad:

Can't you copy & paste the one in the NEWBIES thread post #2 , the example defence v CEL? Why not, honestly, whyever not (please don't take that personally, I asked the same question of someone else earlier).

I will not take ''I can't do it'' from students at the school I work at, and I don't take it here, either!

Quentin

@OP


Now you have a new name you need to edit your name in #5

GiaPetite

Thanks. I am wondering if someone could copy and paste here the example defence in the newbies thread post 2. I can't find it?

Would you suggest using pictures of the signage I took and comparing it to other Civil enforcement signage? Reason being, on the signs that I took a photo of there is no mention of maximum parking but on some other signs I have found on the internet there is. Surely the T&C's have to be clear otherwise you are entering into a contract which has not been laid out to you...Also the driver's boyfriend's ex landlord has written a letter to say they were visiting him. Do I use that?

I will of course post what I have here after I have amended the draft someone could send me.

Thanks

Le_Kirk

GiaPetite wrote: »

Thanks. I am wondering if someone could copy and paste here the example defence in the newbies thread post 2. I can't find it?

Here is the link to the Newbies info.