Premier Park CCMC

Gecko63

Hi,

I have today received a CCMC from Premier Park LTD for a NTK issued in April, my appeal to POPLA (using the template within the newbie thread) was declined.

The NTK was issued due to a car which I am the registered keeper of had parked in a Vets 4 Pets car park for a little less than 8 minutes at 21:30 in April. My POPLA appeal was based on unclear signage / no lighting on signage and the short length of time the driver had stopped in the car park. I have not provided details as to whom was driving the vehicle.

sooo I am after some advice as to how to proceed, it’s the first time I have dealt with anything like this so am essentially clueless . Is this a defensible position? (Worth the hassle?), if so how do I go about writing my defence? Thanks in advance!

Redx

what is a CMCC ?

have you received a court claim from either Northampton CCBC or from Salford CCMCC ?

if so , which one ?

what is the date of issue ?

what are the POC details and charges and total ?

8 minutes is less than the GRACE PERIOD allowed by the BPA CoP so why was this not part of the POPLA appeal ? (as it will be in the defence and WS)

how come POPLA declined that GRACE PERIOD argument ?


please read post #2 of the NEWBIES FAQ sticky thread, examples defences ARE listed there, so adapt one

Gecko63

Apologies, it’s a CCMCC however it doesn’t reference Salford anywhere on the paperwork (only Torquay & Newton Abbot county court)

The date of service is stamped 12-12-18

The parking charge is now £104.32 (£4.32 interest accrued on the original £100), £35 court fee and a £50 fee for legal representation.

The POC essentiay states the driver entered a contract by parking on site, the vehicle is not registered as a vets 4 pets customer etc.
It does also state parking commences 5 minutes after entry (I can post the full details of the POC if this summary isn’t enough information)


My POPLA decision on this section of my argument is as follows:

On this occasion, due to the size of the site and amount of time for a motorist to leave after being made aware that they are not able to comply. However, I do consider it enough time for a motorist to park at the site and visit the near-by, off-site facilities.

Redx

the BPA CoP is what matters there, see clause #13, grace periods and 8 minutes is a reasonable grace period

so if this is the CCMCC then it should have come from Salford CCMCC and is unusual if your local court sent it , check the return address

its a county court claim

have you done the AOS ?

KeithP

Tomrich2 wrote: »

Apologies, it’s a CCMCC however it doesn’t reference Salford anywhere on the paperwork (only Torquay & Newton Abbot county court)

The date of service is stamped 12-12-18

That's interesting.

Can you please show us a picture of that Claim Form.

Firstly hide all identifying information and then up load you picture to a webhosting site - tinypic and imgur are two possibilities but there are many others.

As a new user you won't be able to post a live link here, but just changing http to hxxp is often enough.

Gecko63

It’s not my local court, but I’ve assumed it could be Premier Parks most local?
I have not submitted the AOS yet but will be submitting on Wednesday.

I must admit I was quite surprised when my appeal was rejected given the grace periods suggested within the BPA, is it sensible to use this as my main point of defence?

Here are pictures front and back (the POC is stapled with it)
hxxp://tinypic.com/r/24nmzgx/9
hxxp://tinypic.com/r/x6e7hf/9

Redx

its strange if a local court has issued a manual paper one as the Salford office does that and the Northampton office does all the online big stuff

so one for paper and one for online


thay have indicated the court they want it to use (Torquay and Newton Abbott), so I believe it must have come from Salford CCMCC so check your envelope and return address for sending the AOS etc


picture 1 has your name and address showing, so it needs removing, redacting further and a new link


http://tinypic.com/view.php?pic=x6e7hf&s=9#.XA7iNeLgpPY

KeithP

You full name and address is visible on that image so I have not posted a live link.

That mention of Torquay & Newton Abbot County Court is just the Claimant's preferred court.

As an individual, later in the process you get to choose your local court.

To where does it say you are to send your response?

Redx

message the MSE admins and get your username changed as its clearly derived from a full name


be anonymous on here , so spiderman1001 or whatever

Gecko63

Oh wow, how on earth did I miss that? Thanks for pointing out what should have been obvious...

Ok I have another sheet clipped to my AOS info and yes it does indeed state Salford as a return address, so it’s as expected then I guess.

So my best approach would be to use a template (bargepole concise?) but to add my argument for grace periods within the BPA CoP?

Redx

http://tinypic.com/view.php?pic=24nmzgx&s=9#.XA7npOLgpPY


no need to elaborate on that clause #13

add the basic defence points that were also used in the popla appeal, which was flawed as popla should ahve acceoted it and upheld the appeal

so no landowner authority, grace periods and all other legal technicalities, mention them in the defence but ELABORATE on them later on in your WS nearer the court date

your defence just states facts for now, it doesnt expand on them , but mentions them now to be expanded on later

post your propsed defence below when its drafted (but no personal info)

and be very careful with your personal data on the net, its easy to write or reveal stuff you later regret

PP watch this forum, and can easily take screenshots