Trace Letter - Is it too late to ask the landowner

Coupon-mad

The machine wasn't working and you think that's your fault...why?
Were there no working payment methods?

Here's some wording used before:

The Consumer Rights Act 2015 (the CRA) requires that the doctrines of good faith, transparency and fairness must underpin consumer contracts.  Car park operators have a duty of care and due diligence to keep the machines in order if they are going to demand charges from customers, and it is reasonable to expect that the parking operator takes responsibility for equipment maintenance by carrying out routine inspections to ensure that equipment is correctly functioning. 

Car parking operators can tell from their remote monitoring, when a system is not working and as such, ANPR enforcement should cease if there is no way for drivers to pay at the machine, as was invited when they entered the site.  Schedule 2 of the CRA includes paragraph 18 as an example of a term that is likely to be unfair: ''A term which has the object or effect of obliging the consumer to fulfil all of the consumer’s obligations where the trader does not perform the trader’s obligations.''

My view that this was an unfair term because it was impossible for me to perform my part of the bargain due solely to their system failure, is in line with the view of Parliament with regards to the new Private Parking (Code of Practice) Act 2019.

The Code has now been published and I refer to it in more detail later, but In February 2018 during the first debate in the House of Lords about the new Bill, its sponsor, Sir Greg Knight MP, stated: ''If there are a number of payment machines and one of them is not working, that is not an excuse, but if there is only one machine or all the machines are out of order, that ought to be a perfect defence. The company operating the car park has in effect invited the motorist on to the car park to park the car on payment of a fee, and if it is not going to facilitate payment, it should not be able to extract a penalty. Rip-offs from car park cowboys must stop. Most parking operators have nothing to fear from the Bill, but we must stop unscrupulous operators who are undermining the whole sector with their bad practices.''

nick325i

Somehow they have produced evidence of 87 other people parking that day!
I genuinely couldnt pay. Not sure if it just crashed for me. This is very helpful though and I will use. MAny thanks again

Coupon-mad

I'd suggest in your WS that you state that the supposed 87 people who appear to have miraculously paid, must have used a different machine (and the Claimant is put to strict proof as to which machine and location their alterable/generic word document log came from, and who produced it and verified it as the full record from all machines?) 

At the machine in question there was nothing to tell you what to do, or arrows/instructions pointing to the whereabouts of any alternative machine, and none were in sight.  It is reasonable where a machine is not working to put a note on your dashboard and try again before leaving and that's what you did, but it was still not taking payments so may have simply been full of cash.  It was certainly out of order at the time, so any contract was frustrated by the Claimant and void for impossibility.  On street, parking enforcement by Councils is suspended when a Payment machine is malfunctioning and you believed the same must be the case in a professionally and fairly managed car park.  Every effort was made to pay but the machine was not allowing you to.

nick325i

Last question I promise. DO I submit my WS to the court direct? Where do I find the email?

Jenni_D

Just Google for <your court name> email address and see what comes up.

nick325i

Ok I have sent to the enquiries email at Clerkenwell county court. I take it I have to attend. Is there a chance the costs could go up?

Coupon-mad

Not your last question we hope, because we want to check your draft and assist.

Jenni_D

I think @nick325i has already sent their WS without asking us to check it?

If not, what exactly was sent to the email address?

nick325i

Oh sugar, I copied it in here and thought I sent it!

I emailed it to 

enquiries@clerkenwellandshoreditch.countycourt.gsi.gov.uk

nick325i

Just relised it didnt send as there were too many characters!