£20+ per minute 'parking' charge!

Ares001

Last year, I mistakenly stopped in a privately owned car park, adjacent to some residential buildings. Having briefly stepped away from my vehicle to orientate myself and seek directions, I noticed an attendant photographing the car. I politely explained the situation and immediately offered to move. The P&P Management, time-stamped photos show this all took less than five minutes!

Subsequent attempts to reject the initial £101.50 charge have all too predictably led to a County Court Claim dated 5 Jul 18 (now for £242.64).

In preparing a Defence, I'd be extremely grateful for any advice; specifically any templates or relevant legal references. Thank you!

Umkomaas

Have you acknowledged service (AOS) of the Claim?

Check out 'Grace Period' as shown in the IPC Code of Practice (P&PM are IPC operators) because this may form a part of your defence. Which CoP you use will depend on the date of the parking event.

https://theipc.info/downloads

The NEWBIES FAQ sticky, post #2 takes you right through the court process, from Letter Before Claim to the actual hearing.

P&PM are pretty litigious, so make sure you follow all the procedural requirements set out by the court, or you risk a default judgment against you.

https://padi.zendesk.com/hc/en-us/articles/203549832-Parking-and-Property-Management-Ltd

http://www.parkingappeals.info/companydata/Parking_and_Property_Management.html

Coupon-mad

Has the NEWBIES thread with the info & templates, become invisible again this week?

Ares001

Yes - Claim acknowledged, albeit on 13 Jul since I'm routinely away from home.


Thanks for signposting the CoP. It could prove relevant:


15.1 Drivers should be allowed a sufficient amount of time to park and read any signs so they may make an informed decision as to whether or not to remain on the site.

twhitehousescat

also worth noting , the max (initial) fee is £100 not £101.50

Ares001

NEWBIES thread duly noted.


I was just 'urgently starting my own thread' before tailoring a draft defence ... which would clearly benefit from your experience and expertise.


Are there any specific arguments you think I should make in this instance? Let me know if you require further context.

Ares001

... ought to have mentioned the £101.50 included the £1.50 'processing charge'.

twhitehousescat

is the £1.50 allowed , the max is £100 , adding a fee exceeds the law ,

you have been told about grace periods , dont know date , so check CORRECT date of code of practice https://theipc.info/resources/brandings/brandmedia_2_Code-of-Practice.pdf

look at grace periods

Redx

draft your defence and post it (examples are listed in post #2 of that NEWBIES faq

comments about it and tailoring it so its bespoke will happen AFTER you have posted your draft, until them nobody will second guess it

KeithP

With a Claim Date of Issue of 5 July and the AoS having been done in a timely manner, you now have until 4pm on Tuesday 7th August 2018 to file your Defence.

I know you are still a couple of weeks away, but when you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence
2) Sign it
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.

Ares001

Thanks all for your initial advice. Much appreciated.


I'll post my first draft Defence in a few days, for your comment.