Help - did not register car on iPad machine

shoshana1

Need urgent help. I am writing on behalf of a friend whose first language is not English. She was driving her husbands car and went to her Health Centre to make a doctors appointment. The car park has a 2 hour permit registration system (key in on iPad) The iPad machines are placed in the all the relevant buildings such as 3 separate surgeries and pharmacy. She arrived around 8am but fire alarm was going so no-one was allowed into building. Consequently it was very chaotic outside. at 8:15 the doors opened and everyone rushed in. She waited in the queue at reception intending to register her vehicle when she got nearer the front of the queue. The receptionist called out that there were no more appointments left and people began leaving. My friend went to leave completely forgetting to register her vehicle. She received a fine stating that her vehicle was parked from 8:09 until 8:31. this car park is opposite a school and some shops and I think the parking rules are to avoid people using it other than for the purpose of medical reasons. My friend appealed (although I have not seen her appeal) and she included a letter from the receptionist stating that my friend was there to make an appointment. Anyway they denied her appeal saying that she did not follow the rules. Unfortunately my friend then ignored further letters and only came to me when she received a claim form from the court in Northamptom. She has acknowledged receipt of claim and has until 10 December to put in her defence. I have tried to assist her to write a defence. She seems to think that because she was feeling ill at the time and genuinely omitted to register her vehicle due to the chaos then she will win her case. Please advise. My friend has 7 children and although both her and her husband work they are not in a good financial position. . I have photos of signage and copy of Particulars of claim bhow to attach them.

Coupon-mad

Why not use/adapt the fairly similar 'hidden iPad Odeon' defence already there for you in the NEWBIES thread?

No link given or needed...that thread needs reading - the second post only.

She has acknowledged receipt of claim and has until 10 December to put in her defence. I have tried to assist her to write a defence. She seems to think that because she was feeling ill at the time and genuinely omitted to register her vehicle due to the chaos then she will win her case.

She should win the case, but needs more than the mitigating circumstances. She needs the usual legal arguments in the NEWBIES thread - please don't say she won't understand them. She will.

Which PPC?

Parking Eye? Civil Enforcement?

When you answer that question please then go and read the NEWBIES thread and find the defences I mentioned.

The_Deep

She should win the case, but needs more than the mitigating circumstances.

I do not believe that these could be classed as mitigating circumstances. She queued to seek an appointment, at which time she would enter her VRN. She was told no appointments were available, she left.

Why should she eter her VRN when she was leaving? AFAICS, both the PPC and the solicitor showed a distinct lack of common sense here and are wasting the court's time. The surgery could get this PCN cancelled, AFAICS no breach of contract has taken place.

It is the will of Parliament that these scammers be put out of business. Hopefully that will take place in the near future. In the meantime involve your MP, the poor dears are buckling under the weight of complaints about these scammers. Read this one which I wrote earlier

This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of alleged contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors. Is has been suggested by an MP that some of these companies may have connections to organised crime.

Parking Eye, CPM, Smart, (especially Smart}, and others have already been named and shamed in the House of Commons as have Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each week), hospital car parks and residential complex tickets have been especially mentioned. They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

The problem has become so widespread that MPs have agreed to enact a Bill to regulate these scammers.

Sir Greg Knight's Private Members Bill to curb the excesses, and perhaps close down, some of these companies passed its Third Reading in late November, and, with a fair wind, will become Law next year.

All three readings are available to watch on the internet, (some 6-7 hours), and published in Hansard. MPs have an extremely low opinion of the industry. Many are complaining that they are becoming overwhelmed by complaints from members of the public. Add to their burden, complain in the most robust terms about the scammers.