HX PCN for purchasing ticket outside of Grace Period; LBC received from Gladstones; please Help?

Hambleyhouse

Hi guys
A bit late to the group, however:
29.08.18 I entered car park at 1220hrs, parked up, then got called by a member of staff (it was important and needed immediate response, won't bore you with all the detail...), Consequently, I only purchased the ticket at 1235hrs - paid for 12hrs parking, left after 4.5hrs. Now being pursued by HX (via Gladstones) for what is now £160 for failing to buy ticket within 10mins of entering car park.
When first PCN arrived, I appealed it. Sadly, I did this PRIOR to joining this forum, and gave them all my details and acknowledged I was the driver. I explained the genuine reason for being late in paying etc but that I had actually paid for parking well in excess of the time I actually used the parking facility. Of course (as I now know.....) my appeal was rejected pretty instantaneously.
I received the LBC from Gladstones on 06.02.19; following advice on here I duly completed request for SAR to HX and Gladstones. HX have responded (and so I can have the 'pleasure' of reviewing the copy of my submitted appeal, should I want to kick myself even further!); Gladstones refused but have extended the the PAP period to 05.04.19.
My genuine plea is for advice on whether, in view of the fact I have more or less written my admission, there is any point in fighting this? I feel very aggrieved, but also stressed about it.
And very annoyed with myself for thinking HX would be reasonable and see I had in fact OVERpaid my parking stay. They want £160 now.
I have picture of the ticket; didn't take picture of the signs at the time and a friend has returned to the car park recently and taken pictures for me - signs have changed - they are now MASSIVE (although the one by the pay & display team has clearly been kicked and damaged.....)
Really really appreciate your thoughts and any advice or pointers about what I should do now.

Redx

personally , I would fight due to the fact that the parking period paid for is more than twice the time used, so they had their money on the day and should be more than satisfied

ie:- prove to the judge that you paid and displayed and the parking company are not out of pocket so the penalty rule is engaged and the BEAVIS judgment supports you

the company are being petty and greedy , so as you paid more than enough for any parking there is no case to answer

even if a judge awarded this to the claimant, its likely that any figure to pay would be similar to what they are asking, so not much risk

I would wait for an MCOL N1 form to arrive, especially now the SAR has been done

meanwhile , under the PaP oct 2017, ask for pictures of the signs AT THE TIME, plus the landowner contract as well. they probably wont give them to you, but that is more grist for the mill


lastly , it costs them a lot of money to take these to court, so make them pay , even if you lose, but try to win and cost them even more

Coupon-mad

My genuine plea is for advice on whether, in view of the fact I have more or less written my admission, there is any point in fighting this?

Always. Yes. Without a shadow of doubt.

Hambleyhouse

Hi again - I have now received the anticipated County Court Claim Forms (with the total amount claimed now escalated to £242.37..........).
So, deep breath and appreciate your comments and advice above.
Can I just check - keep my defence short & concise? I have the ticket to prove I paid & displayed for more than twice the time actually used. Therefore the company were able to sell the space again, and again, and again and lost nothing. I refer to the BEAVIS judgement?
Any reassurance or guidance from you guys who know this stuff inside out would be much appreciated.
Thanks in advance

Mr_Picklehead

Redx above sets out a good legal basis for your defence against this penalty charge.
I would think it is worth looking at the signage and looking for any flaws whereby you could deny a contract that was entered into had a huge penalty for paying 5 minutes late... Is that clear on the signs? Also you should definitely contest the amount claimed. I saw this in a defence statement:


[FONT=&quot]...."Whilst quantified costs can be considered on a standard basis, this Claimant's costs are wholly disproportionate and do not stand up to scrutiny. In fact it is averred that the Claimant has not paid or incurred such damages/costs or 'legal fees' at all. Unsigned letters received from Gladstones Solicitors were a standard feature of a low cost business model. ParkingEye v Beavis [2015] ruled that Claimants are the authority for recovery of the parking charge itself and no more, since that sum is, by definition, already hugely inflated for profit, not loss, and the Judges held that a parking firm not in possession cannot plead their case in damages, as none exist.

The Claimant cannot reasonably recover an additional (partially invented) £XXX.XX in costs to pursue an alleged £100 debt. POFA states that the maximum sum that may be recovered is the charge stated on the Notice to Keeper, in this case £100 (this sum also being the ceiling allowed by the BPA) and thus £100 is the maximum sum potentially recoverable under contract, regardless of whether the illegible small print on the signs attempted to bolt on a further sum (this is not known, but is a common trick by this industry).

Even the purported 'legal costs' are made up out of thin air. No individual Director or solicitor has signed the Particulars of Claim - in breach of Practice Direction 22, and rendering the statement of truth a nullity - and this template roboclaim has clearly had no input from any supervising Solicitor, whether in house or externally. According to Ladak v DRC Locums UKEAT/0488/13/LA the claimant can only recover the direct and provable costs of the time spent on preparing the claim in a legal capacity, not any administration costs allegedly incurred by already remunerated clerical staff.

In summary, the Claimant's particulars disclose no legal basis for the sum claimed"....[/FONT]

KeithP

Hambleyhouse wrote: »

I have now received the anticipated County Court Claim Forms...

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Hambleyhouse

Issue date is 07 May 2019, and yes it is from Northampton.

KeithP

Hambleyhouse wrote: »

Issue date is 07 May 2019, and yes it is from Northampton.

With a Claim Issue Date of 7th May, you have until Tuesday 28th May 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 file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 10th June 2019 to file your Defence.

That's three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.