Help please - horizon parking court claim

R4v3r.b4bii

Hi All,

I'm new to all of this however have looked at the newbie section.

I've completed the AoS to the court and also done the SAR to Horizon and will be following up by contacting Gladstones to advise of this.

I'm trying to start the defence but don't know if I have a leg to stand on or which angle to do the defence from.

The claim is for 4 PCN's (there are many more which have gone ignored but have not been included in this claim.)

This is for the office car park which is owned by the company who own the land where the offices are based (they refuse to help!)

To cut a long story short, the driver has a permit for floor 7 of the car park but parked on floor 2 on the odd occassion if 7 was full or the driver was running late for work.

The PCN's state 'invalid permit.'

I currently do not have all the original PCNs to hand.

The claim is dated 07 Oct 2019 and states:
'The driver of the vehicle with registration XXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract;) at XXX CARPARK - PERMIT - LOCATION AND POSTCODE on (4 dates in March and May 2018) thus incurring the parking charges (the PCNs). The PCNS were not paid within 28 days of issue. The claimant claims the unpaid PCNs from the Defendant as the driver / keeper of the vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability.
THE CLAIMANT CLAIMS £80 per PCN, £70 PER PCN contractual costs purusant to the Contract and PCN terms and conditions, together with statutory interest of £64.11 pursuant to s69 of the County Courts Act 1984 at 8% per annum, continuing at £0.13 per day.

It does not state anywhere above what the PCNs were actually issued for.

Abuse of process will be used in the defence as they have added £70 per PCN then also court and legal fees.

As well as this as they did state 'no valid permit' on the PCN's I was wondering if it is best to go down the route of in that case there is no contract or go from the angle of the driver works at the offices and the offices have use of the car park.

The signage on the car park states the below:

Permit Holders Only
A Parking Charge Notice of £80 will be issued in the following circumstances:

• No valid permit displayed
• Parked out of marked bay
• Parking in a disabled bay without displaying a valid disabled badge
• Obstructive parking

There is then a lot of tiny print at the bottom which I cannot read on my photo then it states:
This carpark is private property and is managed by Horizon Parking LTD on behalf of the owners.

I forgot to mention, that many other drivers of the same office have received PCN's but no court claim, however this may be as one of the PCN's was appealed at the start of everything in 2018.

Claim Date 07/10/2019
Aos Date 11/10/2019

Sorry I know you get these posts all the time and this is rushed as currently in work, hope it makes sense.

Should you need any further info in order to be of assistance please let me know.

Many thanks.

The_Deep

Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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

twhitehousescat

actually in this case you are a serial "taking the P$%^" person

you use a car park (floor) where your permit is not accepted , because you oversleep

you get "multiple" tickets

did it not sink in after the first ticket , that you were in the wrong?



I like others on this forum try to assist people who have been "wrong done" or unjustified charges


in your case you KNEW you were in the wrong after the first ticket ,and should have stopped repeating your actions

The_Deep

The only way you can beat this is to find a chink in their armour.

If this goes to court, and their ducks are in a row, you could be looking at a successful claim for £££s, perhaps more.

Perhaps you should try to settle out of court with them?

MonkeyRum

To cut a long story short, the driver has a permit for floor 7 of the car park but parked on floor 2 on the odd occassion if 7 was full or the driver was running late for work.

This is why the parking industry exists.