Defence advice

welshy_2002

Hi all,

Need some advice on my defence if you would be so kind. Using the template, have read all the FAQ's, Noob threads and searched and read other defences. Struggling as do not really have a defence, or a decent one anyway. On the day, a ticket was purchased, but we were late to return as having a baby with us, not everything went as planned! (should add, it was an ANPR camera that clocked us being late)

3. On the day in question, the defendant was accompanied by his partner and baby. The driver parked said vehicle in the car park and purchased a ticket for several hours, in good faith. That afternoon, during the course of a meal, the defendants’ daughter was taken ill and return to the car park was delayed. On the XX.X.2019 the driver was sent a PCN from XXXXX for breaching the terms and conditions of use (by ticket expired). Neither the defendant nor the occupants of the car were aware a charge of £100 for being late would be incurred.

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MCOL claim was issued on the 28.10.2020 and I raised and AOS on the 30th, so couple of weeks left to sort defence.

Few points I'd like some help on if poss - not sure if these can aid my case or have an effect on it.

The original PCN for £100 payment and £60 discount came in the same envelope as the reminder that I must now pay £100 immediately. I raised this with their Sol, but I never got a response.

I raised a SAR to the parking company last year and in all the docs, there is no info regarding the time the ticket was purchased, or more importantly, the amount of time we were over (know there's a 10min allowance). Re reading the SAR, I did not specifically ask for either detail - probably an oversight and missed opportunity on my part.

Any help would be appreciated

KeithP

welshy_2002 said:

MCOL claim was issued on the 28.10.2020 and I raised and AOS on the 30th, so couple of weeks left to sort defence.

With a Claim Issue Date of 28th October, and having filed an Acknowledgment of Service on 30th October, you have until 4pm on Friday 27th November 2020 to file your Defence.

That's two weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Coupon-mad

The original PCN for £100 payment and £60 discount came in the same envelope as the reminder that I must now pay £100 immediately. 

What, at the start (not now as part of a SAR)? Which PPC?

welshy_2002

Coupon-mad said:

The original PCN for £100 payment and £60 discount came in the same envelope as the reminder that I must now pay £100 immediately. 

What, at the start (not now as part of a SAR)? Which PPC?

Hi Coupon,

Yes, at the start. The very first piece of correspondance I recieved. PPC is NForce.

Cheers

Coupon-mad

OK, so I doubt they used the right POFA wording, so be carefully not to imply which of the occupants of the car was driving.   
No lying (of course) but if it was your partner, SAY SO!!

Umkomaas

We don't see many nForce tickets. Looks to be a bit-part operator, crap website, seemingly self-ticket arrangement - set up account - receive signage - get £15 per paid ticket. 

Can we see a copy of their Notice to Keeper, redacted of your personal data, but leave dates - both sides please. 

Fruitcake

What happened when the keeper complained to the landowner?

Where was the car park, and what type was it? (Retail park, hospital, residential etcetera)

Covid regs permitting, you should get pics of the site and signage asap.

Check whether the NTK was or wasn't PoFA compliant by comparing it to the relevant paragraphs of the PoFA 2012. If you are unsure then post a redacted copy here as requested by Umkomaas. Only redact your personal data, not the dates or times.

welshy_2002

Hi all,

Thank you for the help so far - much appreicated.

Private car park is in a busy town in a tourist area (it's not connected to any local business). I drew a blank on finding the land owner. Town hall did not have any info as to whom owned it and when I bought the info from the Land registry, it's such a busy mess of car parks and buildings, the info did not match the bit of land I wanted.

The signage is clear onsite as I recall -  can return and take take some pics if you think it could prove useful to my case.

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Pics of the 2 PCN notices below (rear of both is blank). These were delivered in the same envelope as stated above. Apologies for the state of them, have no access to a scanner.

Many Thanks

KeithP

welshy_2002 said:

Private car park is in a busy town in a tourist area. 

Go on, be brave. tell us exactly where this car park is.

welshy_2002

KeithP said:

welshy_2002 said:

Private car park is in a busy town in a tourist area. 

Go, be brave. tell us exactly where this car park is.

Hi Keith, omitted it as I did not want to aid them finding me - that said, they already have enough info to make an educated guess.. So, the car park (drum roll..) is in Bakewell, Bridge car park, Coombs Road. DE45 1AQ

Cheers

Umkomaas

There are BPA logos and roundels all over the NtKs. Latest information (IPC AOS list) is that they are now IPC operators. For the sake of an email enquiry it might be interesting to contact the BPA and ask the date on which nForce left the BPA. Long shot, but there's a possibility that at the time of your parking event they were no longer BPA operators. As I said, long shot, but worth doing.