Gladstones via Horizon Parking PCN claim

Littlefishy

#Page 1 - Post 1

(** Please read the last post on page 2 of this thread **)

Hello guys,

Firstly, I have read the newbies thread and this is my first thread, I will ensure I only use this thread and will reply on it. The newbies thread was very informative and helpful, however I have searched other threads and have found some similar to my situation but they didn't leave me feeling like I had a real grasp of my circumstances, allow me to explain.

I have received a Northampton county court claim form from Gladstones for a 'PCN' in regards to a 'breach of the terms of parking' at signal point based at Swindon train station issued from Horizon Parking Ltd back dating to April 2017 whereby I did not display a ticket " Failure to pay for parking", they refer to the Beavis V Parking Eye case in the letter before claim that I picked up at the same time as the claim form.

Anyway, the story unfolds like this.

The driver regularly parks in the APCOA car park to get a train, one night the driver accidentally parked in a Horizon Car parking bay. It was dark, lighting is awful, signage isn't clear.

Heck, the car park is right next to the other with no obvious separation making it highly unlikely that anyone parking at night would even be able to distinguish the fact they are two separate car parks.

The driver said they were running late and as a result of this just went through one of the entrances to what they thought was one huge car park. They parked and attempted to pay via phone as per usual except the phone lines wasn't working that day and thats where it all begun.

Apparently Horizon issued a window PCN, which is pictured stuck on the drivers side window.

NTK went to old address along with all the further correspondence until it was recently forwarded to my current address, luckily picked up in time but unfortunetly already at the Claim stage via Northampton County Court business center.

I just want to know what you guys think i should do and what my options are as I do not know what angle I should defend this due to conflicting information from other threads and this series of events, a boot in the right direction would be appreciated? I can provide what they have supplied me if required and does it help the case that regular APCOA receipts of parking are available to support the error made by parking in a wrong bay at the wrong car park.

Thanks in advanced!

Redx

Not sure what you want here ?

This forum gives advice on fighting these PCN,s and court claims

You appear to have done the SAR, which is good

If you intend fighting this, do the AOS online first, then start drafting your defence and post it below for critique

Check if it's railway land because if it is then bylaws apply and you can contest jurisdiction

If it's private property then do a normal AOS

And inform all participants of the correct address for service of papers

Littlefishy

Hi,

Thank you for the reply.

I guess I just do not know how to defend it and from what angle I should defend it from given the circumstances.

Redx

well as I clearly stated , it depends if its private property or railway land , due to different laws applying, so seeing as you stated it was a station then its important to know which it is , its either a railway staion on railway land leased to the TOC , or its not a station car park at all, just a private car park near a railway station, on private land

knowing the answer will determine which way to fight it, either through contesting jurisdiction, or civil court due to no landowner authority , poor signage etc

I assume you saw the concise defence by member bargepole , start with that if its a civil court case not subject to bylaws


ps , alter the thread title and post #1

there is no CCJ yet , its not even been to court

you have a county court claim form , an N1 claim pack , you DO NOT have a CCJ

BrownTrout

It isnt railway land at that site ( unfortunately)

Redx

BrownTrout wrote: »

It isnt railway land at that site ( unfortunately)

having just done a quick google search , I was coming to that conclusion too

it says its a car park ADJACENT to Swindon railway station, but the station car parks for GWR seem to be APCOA using APCOA CONNECT

so assuming its private property and only convenient for the station, this is a civil case and so starting with the AOS and the concise defence by bargepole should suffice

despite post #1 , there is no CCJ form and no CCJ either, yet (because there is no J for Judgment)

KeithP

What is the Issue Date on your Claim Form?

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

The_Deep

AFAICS from google street view, Signal Point car park is, (or was in May 2017), managed by APCOA. It certainly looks as though it belongs to GWR as it is next to the track.

OP, nine times out of ten these tickets these Gladstones claims are scams so consider complaining to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Coupon-mad

Littlefishy wrote: »

Hi,

Thank you for the reply.

I guess I just do not know how to defend it and from what angle I should defend it from given the circumstances.

Are you saying you would always have paid and displayed? Then maybe the wrong VRN was put in and you will see their hand/all photos they took, if you send them a SAR (but don't miss the defence deadline too).

The_Deep

Perhaps OP paid the wrong operator.

Redx

I suspect they paid apcoa because most of the parking round there seems to be apcoa, but they should have paid horizon

Possibly confusing poor signage or advertising ?