County Court Claim for Parking Control Managment UK

Boyjart1

Hi,


Can anyone help me please with a county court claim letter for a friend.



The claim was disputed initially on the grounds that the vehicle was parked outside one of the closed gates to the parking site with all the visible signs inside the gated area. Access was still available through the open gate to the side into the loading/unloading zone. It was also permitted in the location to load and unload. The vehicle was hired to move a business and big rolls of matting (over 50kg each) was unloaded to the closest building to the unloading site. It is claimed that the vehicle was parked and not being unloaded and that the vehicle was left locked for some time. The vehicle's back doors were left open and the vehicle was only there for the time it took to unload the heavy items into the building safely. Witness statments can be made for this as 4 people helped with this process.


The appeal was denied.



Could anyone advise me how to proceed. I have tried to read through the newbie notes and cant see what I need to read that applies to me.


Thank you in advance

Ralph-y

hi, and welcome to the forum




have you read post #2 of the newbies thread



https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou


that contains all the small claims procedures info ....


Ralph:cool:

KeithP

Do you have a Claim Form from the County Court Business Centre?

If so, what is the Date of Issue on that form?

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 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.

System

the vehicle was parked outside one of the closed gates to the parking site with all the visible signs inside the gated area

That is your defence - literally a "distance" contract. Hope you have pics of the location parked and the absence of signs in the area.

The IPC Code actually covers this so am surprised (not) the IAS rejected your appeal.

2.1 Where the basis of your parking charges is based in the law of contract it will usually be by way of the driver of a vehicle agreeing to contractual terms identified by signage in and around a controlled zone. It is therefore of fundamental importance that the signage meets the minimum standards under The Code as this underpins the validity of any such charge. Similarly, where charges are founded in the law of trespass and form liquidated damages, these too must be communicated to drivers in the same way.

You could also add in your defence that the Claimant is in breach of another element of the IPC Code - predatory practices.

14.1 You must not use predatory or misleading tactics to lure drivers into incurring parking charges. Such instances will be viewed as a serious instance of non-compliance and will be dealt with under the sanctions system as defined in schedule 2 to the Code.

Attempting to enforce a parking charge on an area that has not been defined as "controlled" is in any reasonable person's mind, predatory.

Should set you up nicely for costs..

Boyjart1

Thank you for the help so far. The Issue date from the county court business centre is 03 October 2018

Boyjart1

IamEmanresu wrote: »

That is your defence - literally a "distance" contract. Hope you have pics of the location parked and the absence of signs in the area.

The IPC Code actually covers this so am surprised (not) the IAS rejected your appeal.



You could also add in your defence that the Claimant is in breach of another element of the IPC Code - predatory practices.



Attempting to enforce a parking charge on an area that has not been defined as "controlled" is in any reasonable person's mind, predatory.

Should set you up nicely for costs..

Thank you for this. So I know my defence but it's the wording that i'm having a problem with. Should I quote the IPC code in the defence?

nosferatu1001

No, you merely state this is contrary to the CoP the Claimant has agreed to abide by as a preconidition of being able to access th keepers data.

How about

"THe defendnant denies their vehicle was parked in any "restricted area". The svehicle was parked in an area in front of locked gates, and all signage is to be found past these gates...
"
etc

KeithP

Boyjart1 wrote: »

The Issue date from the county court business centre is 03 October 2018

With a Claim Issue Date of 3rd October, you have until Monday 22nd October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of the NEWBIES FAQ sticky thread.

Having done the AoS, you then have until 4pm on Monday 5th November 2018 to file your Defence.

Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date 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 your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Boyjart1

KeithP wrote: »

With a Claim Issue Date of 3rd October, you have until Monday 22nd October to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox link from post #2 of

Having done the AoS, you then have until 4pm on Monday 5th November 2018 to file your Defence.

Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to
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 your Directions Questionnaire and then re-read post #2 of the NEWBIES thread to find out exactly what to do with it.

Thanks Keith,


I have achnowledged for a defence so now I have the extra time needed. I need to form my defence.



So the vehicle that was used was a hire vehicle. I don't know if this makes a difference?


I am forming the defence on the fact the vehicle was parked outside a closed gate to the area in question with the signs being located inside the gates. Will there be a problem with this being blocking the gate? The gate next to it was open with access in and out.



Do I also need to argue the point that the vehicle wasnt parked but was unloading. I have multiple witnesses that was helping move equipment. The charge is for the vehicle being parked/unattended and locked. The vehicle mat have been left in between walking backwards and forwards. The items being unloaded were massive rolls of rubber that weighed over 50kg.


Any help with layout and wording would be much appreciated.

System

Do I also need to argue the point that the vehicle wasnt parked but was unloading.

Certainly would. There is an implicit right for tenants to have milkmen, postmen and deliverymen visit so they can have "peaceful enjoyment" of their lease / freehold. So you have the normal everyday right of access. In addition, the signs will be the downfall.