BW Legal - CCJ - UK Parking Patrol - Defence help needed

KeithP

...my elderly mother is the registered keeper of this vehicle

Then can we assume that the County Court Claim is in your mother's name?

It really is important that everything is done in the name of the named Defendant.

Looking at GSV, and your later images, it appears that every parking space has a plate on the wall stating which company the space belongs to. 

It is not possible to read the other signs. Do you have pictures of them? Do they perhaps forbid parking by people other than 'authorised' people? 

alefcp

KeithP said:

...my elderly mother is the registered keeper of this vehicle

Then can we assume that the County Court Claim is in your mother's name?

It really is important that everything is done in the name of the named Defendant.

Looking at GSV, and your later images, it appears that every parking space has a plate on the wall stating which company the space belongs to. 

It is not possible to read the other signs. Do you have pictures of them? Do they perhaps forbid parking by people other than 'authorised' people? 

Yes that is correct it is in her name, at no point has a driver been identified, I can go tommorow during the day to find this car park and take close up shots of the yellow sign and other placards if that helps?

KeithP

I can go tommorow during the day to find this car park and take close up shots of the yellow sign and other placards if that helps?

Images of signs will always help. After all, it is the wording on the signs that form the basis of any contract.

nosferatu1001

So the yellow packet in the photo wasn't there? 

Is the v5c correct? Get it out and check. No guessing. Any reason why post wasn't received?

alefcp

nosferatu1001 said:

So the yellow packet in the photo wasn't there? 

Is the v5c correct? Get it out and check. No guessing. Any reason why post wasn't received?

Yes the packet was never there or else this would have been dealt with sooner, and the post has had some issues over the years , some stuff comes others doesnt due to local issues at my mothers address,

I will get some close up pics of the yellow signs and of each of the sign posts, there is a block of offices to the side and an ale house behind where the vehicle was photoed

alefcp

hello guys, some pics i took today

ttps://ibb.co/pKg272x
ttps://ibb.co/FY7hRSk
ttps://ibb.co/mbDZbbr

Le_Kirk

Your links made live: -
https://ibb.co/pKg272x
https://ibb.co/FY7hRSk
https://ibb.co/mbDZbbr

D_P_Dance

That sign appearsto be prohibitive

https://www.consumeractiongroup.co.uk/topic/399719-pcmgladstones-claimform-pcn-heath-parade/

parking-prankster.blogspot.com/2016/04/pcm-uk-signage-does-not-create-contract.html

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 has been known to get the charge cancelled.

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, when life gets back to normal, it will become impossible for those scammers who are left to continue their vile trade, 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.

nosferatu1001

Do you have proof of mail issues, such as Royal Mail,complaints?

alefcp

No I don’t have proof of anything as most of the important mail comes through and it’s at my mothers address not mine, following on from an email I sent regarding under what legal authority they have in adding extra charges to the charge I received this email 

 

“The contents of your email have been duly noted.

 

The signage in situ makes provision for our client to recover any additional costs (Contractual Costs) incurred by them in relation to the PCN. The Contractual Costs referred to formed part of the terms and conditions (of the parking contract) which were accepted by you in the course of staying at the car park in question. Save for the fact that the sum of £60.00 attributable towards these costs are entirely reasonable for nature and type of work involved in recovering the parking charge, such costs are recoverable under the relevant parking code of practice.

 

We refer you to paragraph 4(6) of Schedule 4, Protection of Freedoms Act 2012 which says “Nothing in this paragraph affects any other remedy the creditor may have against the keeper of the vehicle or any other person in respect of any unpaid parking charges (but this is not to be read as permitting double recovery)”. It is our client's position that this does not prevent the parking operator from claiming debt recovery charges/contractual costs.

 

We note your reference to a claim number that you are not party to. As this was a judgment in the County Court, it is neither a binding nor persuasive case authority for the courts, and is irrelevant to this matter.

 

Our client will not be discontinuing the claim and we are instructed to proceed to recover the balance.

 

As a Claim Form has been issued we encourage you to review the response pack within the specified time frame, however, due to the current circumstances we have placed all legal proceedings on hold until the 04 May 2020. In light of the above we encourage you to respond to the Claim Form within the time frame or contact us on 0113 323 1784 before the 04 May in order to set up a suitable repayment arrangement or to pay the balance in full in order to bring this matter to a close. 

 

If you do neither of the above, then if appropriate to do so, after the 04 May 2020 we will review your file and seek our client’s instructions regarding further action.

 

Kind Regards,”