ARDPark PCN

DoaM

Dear XXXX,
Thank you for your confirmation that you are unwilling to engage with ARDPark to get this PCN cancelled. Please be on notice that you or a representative of your company may be called as a witness should ARDPark proceed to raise a court claim against me in respect of this PCN, and you have no choice in the matter - attendance is not optional.

Yours faithfully,
guohong

And also send ARDPark a "Bring it on / Are you feeling lucky, punk?" email.

guohong

Sent both the landowner and the PPC emails. Will update when they come back.

guohong

Here is what the farm replies. She is getting a bit upset...

I have engaged with ARDpark continually on your behalf and can do no more. It is nothing to do with me or Bibury Trout Farm. If you wish to contact me further do so through my solicitor bearing in mind that any costs incurred will be payable by yourself.
The contact of the solicitor

I feel I should leave her alone for a while and wait for the response from the PPC, unless advised differently.

fisherjim

guohong wrote: »

The farm replies and refused to be attending any court hearing. Do they have to if I call on them to appear a witness?
I start to have sympathy to the lady because it's the ARDPark scamming me not them... and I feel talking to her will end up with nothing.
should I simply write to ARDPark and invite them to issue court proceedings?

How can you feel sorry for her when her business has engaged these scammers, don't you think she should do her homework before getting into bed with dodgy greedy Muppets?


These PPC's work on a business model that costs the landowner nothing and their only income is from PCN's that is why they have no interest in upholding appeals, and why landowners get sucked in.


The latest review on Trip Advisor warns of the car park scam, if it were me I would add my four penn'orth!

waamo

guohong wrote: »

Here is what the farm replies. She is getting a bit upset...

I have engaged with ARDpark continually on your behalf and can do no more. It is nothing to do with me or Bibury Trout Farm. If you wish to contact me further do so through my solicitor bearing in mind that any costs incurred will be payable by yourself.
The contact of the solicitor

I feel I should leave her alone for a while and wait for the response from the PPC, unless advised differently.

She's fibbing. She can cancel it if she is the principal to the contract.

guohong

that latest review was me:D

guohong

This is what the PPC has replied:
Dear ,

Thank you for your email. The Terms and Conditions state you must pay within 10 minutes for the whole period parked. You were within the car park for 2 hours and 10 minutes+. The landowner has told you they can’t cancel the PCN not that they won’t these are very different statements.

I would suggest you read that Judgement as we do not believe it is applicable in this context and sets no case law. Google is wonderful but is no substitute for proper legal advice and/or professional experience. The terms and conditions of parking at this site are specific. The terms are below (taken from the signage) and so we believe that this is a simple case.

It is entirely at our discretion and our prerogative when this (and any other case) will be taken to court so please do not presume to tell us how to set our own timescales.

waamo

guohong wrote: »

This is what the PPC has replied:
Dear ,

Thank you for your email. The Terms and Conditions state you must pay within 10 minutes for the whole period parked. You were within the car park for 2 hours and 10 minutes+. The landowner has told you they can’t cancel the PCN not that they won’t these are very different statements.

I would suggest you read that Judgement as we do not believe it is applicable in this context and sets no case law. Google is wonderful but is no substitute for proper legal advice and/or professional experience. The terms and conditions of parking at this site are specific. The terms are below (taken from the signage) and so we believe that this is a simple case.

It is entirely at our discretion and our prerogative when this (and any other case) will be taken to court so please do not presume to tell us how to set our own timescales.

Keep that. It's evidence of unreasonable behaviour. Whilst it's correct to a certain degree you shouldn't hang around and delay a court claim just because you feel like it.

If you are both at a complete impasse and ready for litigation then they should get on with it and not inflate costs.

I suspect they won't litigate but if they do you are lining up an abuse of process argument nicely.

Fruitcake

I quoted the wrong case in my previous post with regards to driving around looking for a space is not parking. It was actually Parking Eye vs Ms X a Fistral Beach.

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

If the driver had to wait for a space, then that time cannot be counted as parking time. Taking that into account, it is a material fact that the driver parked and paid within the grace period allowed.

As for insisting a witness attends court, it is covered by section 33.4 of Miscellaneous Rules About Evidence.

https://www.justice.gov.uk/courts/procedure-rules/civil/rules/part33

Perhaps Kate's solicitor needs educating on civil law procedures.

If the trout farm has a contract that ensures they cannot cancel a parking charge then they are a bunch of idiots and need severe guidance on how a contract should be written.

NeilCr

Did you actually clarify that the trout farm owns the car park?

I came across this

https://www.fennwright.co.uk/about-us/news/britains-oldest-trout-farm-for-sale-through-fenn-wright/

There could be the possibility that the trout farm are renting from someone

Not saying they are but could you try and find out in some way?

ETA

Apologies if I missed this somewhere in the thread!