TPS - Claim Form PCN in retail car park

denis_legone

Hello, have read post #2 best i can. Lot of information to try and take in.

Situation - Have received a Claim Form for County court business centre for £200 . I'm considering paying it based on the confusion from reading threads all morning.

driver got the ticket in a retail car park, several outlets there. Its free for 2 or 3 hrs, they was about 5. driver didn't buy anything in the shops there. No tickets or barriers to get into car park.

driver can't remember if they got a ticket or was ANPR. This was March 2018

remember getting letters from a parking company, and thiking the advice was to ignore them, they did. And the ones that followed, and the ones that followed etc. So no contact has been had with anyone on this.

Today received the Claim Form .

From reading thread two, seems first thing is to do the acknowledgment of service. I tried to do this using MCOL but do not have a defence pack password . So will complete and post today.

Questions -
1)I have not found a defence template similar to this case. (yes i searched) . Does anyone have a link for one please?
2) I can afford £200 , but not loaded- how much time is this likely to take as its already frazzling me.
3) Any other posts recommend for a similar instance?
thanks

Redx

defences are not really about "what happened" , hence why you didnt find one , they are based on LEGAL ARGUMENTS like SIGNAGE , NO LANDOWNER CONTRACT ,POFA2012 etc

read the recent BARGEPOLE honed and concise defences to pick on and then adapt it

edit your last post to indicate what the DRIVER did on the day , no words like "MY , ME , MYSELF & I"

its takes about 5 or 6 months from start to finish

plenty of posts to read about alleged overstays

it was probably an ANPR car park from what you have said

The_Deep

I'm considering paying it based on the confusion from reading threads all morning.

I hope you are not, watch the video and see what MPs think of this scam.

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 House of Commons recently

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

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

denis_legone

Are there any links to suggest BARGEPOLE defences for overstaying? As not seen one in th sticky . From what i'm getting i need to visit said carpark try and see if there is anything mitigating to use in a defence letter and find an example to copy? Or just come up with a bs defence thats plausible?

Does it matter i've done nothing thus far?

"With a fair wind they will be out of business by Christmas." maybe more pressing concerns...although one to placate the masses :mad:

Redx

not really becasue BEAVIS overstayed and lost 3 times (in 3 courts) so that is no defence

defences could be bulit on inadequate signage, no landowner authority , CoP failures , POFA2012 failures, but not "overstays"

you have 14 days to acjknowledge if you are defending, so missing the deadline could result in a default win for TPS

so its make your mind up time

read ALL of the posts this year by member BARGEPOLE

and especially the defences linked in the NEWBIES thread, post #2

Coupon-mad

Are there any links to suggest BARGEPOLE defences for overstaying?

Nope, just use bargepole's 'unclear signs' template defence from the sticky, and don't say ANYTHING about overstaying because 5 hours is not going to work in your favour.

Does it matter i've done nothing thus far?

You mean you've ignored it? That's not a bad thing, as you can defend as registered keeper and use a template/example defence that puts the Claimant to proof who was driving and denies that they have complied with the POFA 2012, so they can't hold a keeper liable.

So, it's NOT about the overstay (NOT AT ALL) so steer it elsewhere, look at the example defences (not just bargepole's, use that as a base).