Counterclaim advice needed, please. Claim Form Received from Northampton CCBC. Bizarre PCN case!

JungTheForeman

Coupon-mad wrote: »

Idiotic advice. You can't pay without prejudice and still defend.

Ha... maybe :money: should be told this before persisting with his advice!

JungTheForeman

nigelbb wrote: »

Your contract for parking is with the Trust as you pay them for your permit. Check the T&Cs you agreed to when you got your parking permit. You cannot have entered into a contract with Britannia as they cannot offer anything as you already have the right to park given by the Trust. It’s similar to the case of a leaseholder or tenant in residential parking cases where a parking space is part of the lease & there can be no derogation from grant. .

Any breach of the parking contract leading to a charge would be payable to the Trust not to Britannia.

Thanks nigelbb...

To be honest, this is what confuses me. The car park in question was a well-managed, trouble-free car park when under the control of the hospital. Why would the NHS Trust suddenly bring in a PPC to manage the car park on their behalf?

Does the NHS Trust pay Britannia to manage the car park on their behalf, or does Britannia pay the NHS Trust in order to manage the car park?

The parking permits we are issued with certainly changed in 2017, when Britannia took over. Although still issued by the Parking Office (within the hospital grounds), the colour, style and format changed in 2017. I assumed that Britannia now issue these new-style permits, but are you saying that it's still the NHS Trust who issue them?

Umkomaas

Does the NHS Trust pay Britannia to manage the car park on their behalf, or does Britannia pay the NHS Trust in order to manage the car park?

Regular contributor ‘waamo’ told you how to get that information in post #13, a few weeks ago.

I assumed that Britannia now issue these new-style permits, but are you saying that it's still the NHS Trust who issue them?

Ask the relevant people at the Trust. I don’t think anyone here could give you the answer.

nigelbb

JungTheForeman wrote: »

Thanks nigelbb...

To be honest, this is what confuses me. The car park in question was a well-managed, trouble-free car park when under the control of the hospital. Why would the NHS Trust suddenly bring in a PPC to manage the car park on their behalf?

Does the NHS Trust pay Britannia to manage the car park on their behalf, or does Britannia pay the NHS Trust in order to manage the car park?

The parking permits we are issued with certainly changed in 2017, when Britannia took over. Although still issued by the Parking Office (within the hospital grounds), the colour, style and format changed in 2017. I assumed that Britannia now issue these new-style permits, but are you saying that it's still the NHS Trust who issue them

Britannia at most will be acting as the Trust's agent in managing the hospital car parks.

When you apply for a parking permit it sounds like the Parking Office at the Trust handles the admin & issuing of permits. In most hospitals this is part of Estates. I am sure that there was some sort of form that you had to fill in when you applied for a parking permit. Check the T&Cs to confirm that your contract for parking is with the Trust. Do the T&Cs even mention being charged £100 if you don't display a permit?

Your defence is simple. You had a pre-existing right to park by virtue of your contract with the Trust & have no contract with Britannia.

The Trust have employed Britannia & they should be ordering them to drop this harassment of their staff.

JungTheForeman

Claim History
Your acknowledgment of service was submitted on 05/03/2019 at 10:29:20

Your acknowledgment of service was received on 05/03/2019 at 12:02:59

Your defence was received on 01/04/2019

JungTheForeman

nigelbb wrote: »

Britannia at most will be acting as the Trust's agent in managing the hospital car parks.

When you apply for a parking permit it sounds like the Parking Office at the Trust handles the admin & issuing of permits. In most hospitals this is part of Estates. I am sure that there was some sort of form that you had to fill in when you applied for a parking permit. Check the T&Cs to confirm that your contract for parking is with the Trust. Do the T&Cs even mention being charged £100 if you don't display a permit?

Your defence is simple. You had a pre-existing right to park by virtue of your contract with the Trust & have no contract with Britannia.

The Trust have employed Britannia & they should be ordering them to drop this harassment of their staff.

Thanks again nigelbb...

The T&Cs were no doubt issued when I received my first parking permit over 30 years ago. I can't remember receiving anything since, but I will check it out once back at work.

Britannia certainly refer the Defendant / Court to "their" T&Cs in the Particulars of Claim.

nigelbb

JungTheForeman wrote: »

Thanks again nigelbb...

The T&Cs were no doubt issued when I received my first parking permit over 30 years ago. I can't remember receiving anything since, but I will check it out once back at work.

Britannia certainly refer the Defendant / Court to "their" T&Cs in the Particulars of Claim.

You can probably find something on the Trust Intranet. There is bound to be details of how new hires apply for a parking permit.

What is on the signs in the car park? or more pertinently what was on the signs on the day the Britannia dished out all these parking charges?

JungTheForeman

Update:

DQ received and returned (copy sent to BW Legal);
DQ received from BW Legal.

BW Legal's DQ states no witnesses. I assume that's usual?

Coupon-mad

They should have ticked one, but their claims are run by a 'team' of young clerks, not solicitors.

JungTheForeman

Hello All... I hope you're well,

An update:

DQ submitted to Northampton on 23 May 2019;

Notice of Transfer of Proceedings received in June... transferred to my local County Court;

I specifically stated on my DQ (Form N180), Section D4 that I (the only witness) would not be able to attend court during October 2019. I am away in the USA for the whole of this month;

I received correspondence yesterday stating that the court date allocated is smack in the middle of October!

Is there anything I can do about this? I really want to attend this hearing rather than have it heard in my absence. Can I appeal to the court for an alternative date, citing my DQ as evidence?

Many thanks for any advice.