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MCOL Stage with Part Admission v. PE - outside GP Surgery

Having just read all the sticky Newbies sticky thread, I admit that it may be too late for defend.
I'm at the stage MCOL has been acknowledged with part admission for £50.00 of £175.00 (my bad!) and PE just issued me Directions Questionnaire (offering Mediation) but I haven't received and replied my N180 yet, which I know from other thread that it's to refuse mediation and prepare to defend in the court. 
I've to admit I haven't read over twenty cases in this forum before I start this post so not quite sure if my case principle is still the same, and would like your direction to which thread I should be looking at.

My defence in summary 

1. The reason I stopped at the indicated location was to drop off and handover my on-call pager to my colleague who worked in Surgery on that day.
2. She agreed to come out from the surgery and picked up the pager at 6pm, as previously arranged
3. For the whole period time I have not left my vehicle and therefore I would have no opportunity to read the terms and conditions under the dark environment as stipulated by PE. I have no recollection of seeing signage when enter the parking area.
4. I have to remain in the car and wait for my colleague appearance to complete the handover process as this involved in continuity of patient care
5. My colleague did not turn up at 6pm. I called and there was no one answer. I thought my colleague might be seeing patient and hence not able to take my call. I tried to call again but to no avail
6. With no collection of how long had it past, I had to leave the parking area and continued to assume my on-call duty until I got response from my colleague
7. My colleague called later and said has left the phone at home and therefore not been able to reach me either until got home. We eventually handed over the on-call pager that night
8. I expected it would be a quick handover of on-call pager but unfortunately not on that day
9. My colleague could be the witness to verify the incident and so did our on-call record from the hospital
10. I am willing to accept partial of the responsibility to settle the claim.

PE using ANPR camera and said I overstay for more than 20 min that they allowed  

Timeline so far:

A claim was issued against you on 24/02/2020

Your part admission was submitted on 28/02/2020 

Your part admission was received on 02/03/2020 

Any thought what argument I should be using at later stage? Thank you very much. 

«134

Comments

  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 12 March 2020 at 12:03AM
    that was your argument , your witness statement , your story

    its not a defence, even if you submitted it as the defence
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 12 March 2020 at 12:08AM
    did you have a sticker or any other identification marking on your vehicle to show that you were doctor/health worker that was on call ?

    PS , not that a ANPR camera could see it "if" you had 
    not saying to tell lies , but you seem to be a health worker and by your own admission "on call" 
  • twhitehousescat
    twhitehousescat Posts: 5,368 Forumite
    1,000 Posts Third Anniversary Name Dropper
    edited 12 March 2020 at 12:43AM
    to add to the above , perhaps an urgent email to the BPA explaining your on call status , and remind them what is in the BPA "rule book" regarding ticketing people like your self , remind them that if this does go to court and you win , you will endever to get PE expelled from the BPA/DVLA access 

    I suspect things will move fast behind your back 

    how the flock can an ANPR camera see a sticker on your window saying "on call" , or even a bloody big green flashy thingy on your roof 
  • You must respect the needs of the emergency services to carry out their duties without your taking enforcement action against them. This means that you must not issue parking charge notices to: • liveried vehicles being used for operational fire, police or ambulance purposes • vehicles being used by a doctor or other health worker (such as a midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a BMA badge or authorised Health Emergency badge.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
     I admit that it may be too late for defend.
    I'm at the stage MCOL has been acknowledged with part admission for £50.00 of £175.00 (my bad!) 
    Oh no...oh dear.  Not even sure if you can defend as we never do that!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Email sent to the BPA. I'm not very optimistic 
  • I would have said the on-call money I was rewarding now has all gone to this nasty company and feed them to find more victims. Truly no respect to healthcare professionals 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 14 March 2020 at 8:00PM
    PE signs have significant defects and many fudges have ruled that theey do not form contracts, read this

    https://forums.moneysavingexpert.com/discussion/5972164/parking-eye-signs-oxford-road-reading

    also read this

    https://nortonsafe.search.ask.com/web?q=NHS%20parking%20principles&ssdcat=321&installsource=nag&source=nag&year=2015&locale=en_gb&geo=gb&version=22.19.9.63&cipherid=0&templatecat=sbu_w_29500_5412_21369175_ns_oem&schemacat=sbu_w&schemaver=1.0.0.0&olpchannel=limited_oem&osvers=10.0&oslocale=iso:gbr&oslang=iso:eng&os=windows&showuninstallsurvey=1&installstatus=updated&vendor=none&vendorsrc=chrome&machinelocation=242&cdest=nag&cmpgn=nov19&o=APN12175&prt=ngc&ver=3.11.3.7&tpr=111&chn=29500&guid=743cfd45-ec5c-4c5b-a851-fc3642bace5c&doi=2020-02-08&ctype=

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

    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.



    You never know how far you can go until you go too far.
  • I would have said the on-call money I was rewarding now has all gone to this nasty company and feed them to find more victims. Truly no respect to healthcare professionals 
    You must respect the needs of the emergency services to carry out their duties without your taking enforcement action against them. This means that you must not issue parking charge notices to: • liveried vehicles being used for operational fire, police or ambulance purposes • vehicles being used by a doctor or other health worker (such as a midwife or district nurse) who is on an emergency call at the address under control, and the vehicle is displaying a BMA badge or authorised Health Emergency badge.
  • Hi all, it's me again. After the COVID response and non-stop overtime and shift (mostly due to staff being self-isolated) to look after sick patients, PE starts budding again. So now I have received their reply to defence and also a notice of trial date from court on 5 August 2020.
    I've drafted my defence after reading the two thread provided in the Newbies and would like someone to have a look. I tried to search for similar case but couldn't find one similar to my situation (yes, I'm just lazy to go over the first 20 pages, I stopped around page 5). 
    Before that, I noticed something interesting that their Reply to Defence have the claim number correct on the front page but wrong in the actual reply to defence! Do you think I can use this as an advantage and deny their reply to defence? Please feel free to delete this post if I violate rules on this forum by posting the letter. 





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