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Claim Form Received from County Court Business Centre- for private parking charge notice

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Comments

  • dejam
    dejam Posts: 30 Forumite
    edited 23 September 2018 at 9:25PM
    Thank you @keithP and @Coupon-Mad,

    Answers to your questions:
    Was the driver legitimately visiting a firm or resident at the car park? - not really, The Driver Parked there to catch a funeral prayer observed across the street. There was no other parking alternative.
    What sort of car park was it, business or residential and can you contact the business or resident to see what their lease says about authorised people parking/rights of way, etc.? - I think it's business as the car park is behind a office. Also, the car park doesn't have any pay options. It also leads further down into another private parking spot which has different signage and operator.

    Although I do understand the time I have in hand, I do not want to neglect this so, I will do the AoS tomorrow.

    Would you guys help me put the defence pack together. Any advice where I can kick that off from?
    Let me know when I shall show you all the letters and pictures of the car park and the signage.

    Thanks for the support so far guys.
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    dejam wrote: »
    Would you guys help me put the defense pack together. Any advice where I can kick that off from?
    Please re-read the first line of post #10!

    Kick that off from post #2 of the NEWBIES FAQ sticky thread.
  • Umkomaas
    Umkomaas Posts: 43,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Was the driver legitimately visiting a firm or resident at the car park? - not really, The Driver Parked there to catch a funeral prayer observed across the street.
    Anyone parking on private land can no longer do so with assumed impunity. Every private parking parcel is open to the increasing presence of the private parking skimdustry, armed with their ANPR cameras and easy, unfettered access to registered keepers' data via the DVLA.

    It's unbelievable why those who dump their car on others' property feel aggrieved that their actions have encouraged the landowners to employ private parking operators and now have a £100 Parking Charge to try to worm out of. Things are changing signicantly - and potentially expensively.
    There was no other parking alternative.
    What about someone's driveway?
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • dejam
    dejam Posts: 30 Forumite
    Hi @Umkomaas
    I am not sure what you are trying to prove here by your posts. Although I understand what you are saying, I am not here to get schooled or told off by someone. I am here for help and if you can't offer me, don't worry about replying and save that time of yours. Honestly, I respect your responses but it's not very helpful in my situation.
    Thanks
  • Coupon-mad
    Coupon-mad Posts: 152,861 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 26 September 2018 at 1:56AM
    Umkomaas is a trusted regular - he hates parking firms, but his stance is a realistic view given the facts, and is only what a Judge might say. How would you overcome it?

    Sorry to say this, but it sounds like the driver dumped the car in any old car park.

    People can't do that, and the driver would have been better off parking on street and paying £1 if there were some shared use bays, or finding somewhere else to park that offered spaces.
    There was no other parking alternative.
    Then the driver needed to drive further away to find somewhere.

    BTW we are on your side (we detest these PPC scammers) but this sort of parking is not to be condoned and the keeper defendant will struggle to justify it at a hearing.

    In fact it's parking like that, which actually feeds the parking firms and gives them a flimsy raison d'etre so they can scam landowners into thinking they need a protection racket like this...
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • System
    System Posts: 178,353 Community Admin
    10,000 Posts Photogenic Name Dropper
    I'd like to thank Dejam for being honest with the facts. It makes the choice of the defence easier - it will be the lack of signs that were apparent.

    The honesty will also make the actual defence of the case harder as the driver had no apparent reason for the car to be there. Dejam (and the others) should also edit the threads to remove any details about who was driving.

    Are there pics of the signs at the location that are available so they can be checked for visibility and wording?
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • dejam
    dejam Posts: 30 Forumite
    Thank you @Coupom-Mad. I do understand what you all are saying. But. I feel like telling me off isn't really helping me right now. I do acknowledge the driver's mistake. But it was a genuine mistake. The car park has no signage on entrance, and there are signage in small prints high up the wall which you can only read if you use a ladder or if you hover over a bush or other cars. I know @Umkomaas isn't against me but didn't find telling me off very helpful at this stage. I am only here for you guys help.

    @IamEmanresu Thanks for your response. I have completed the AOS now.
  • Umkomaas
    Umkomaas Posts: 43,438 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    @dejam. My comments were not meant to be personal. I'm sorry if they came across that way.

    Often the stuff I post is aimed at a wider audience (those lurkers who might drop in on the forum, browsing private parking issues), and with a rising figure of well over 5.5 million tickets issued last year, it's a message British motorists have to get in their head, or constantly face £100 charges frequently coming their way, and the courts rammed in dealing with their defences.

    Will try to help you where I can as your case progresses.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • dejam
    dejam Posts: 30 Forumite
    Thank you @umkomaas. I do totally understand your point.

    I have now submitted the AOS. I am about to send a CPR 31.15 to Gladstones. Do you guys recommend that?

    There are quite a few things I have noticed so far:
    They took 17 days to issue the NTK from the day of incident.
    DRP - Used Gladstone's letter headed paper to write to me in Nov
    UKCPM Trying to recover DRP costs
    I didn't get a PAP letter
  • No, and I have no idea how you have found that referecne - it doesnt apply in small claims, and Gladstones will laugh.
    Just state the overriding objectives requirement for them to contoiniue to communicate, and that as part of their diligence they are required to perform prior to filing a claim, the fololowing odcuments should be already available to them.
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