PPS delayed payment on entry advice

Devonisheaven11

Thank you in advance to everyone who has helped stop these scammers from taking our money. 

A PPS ticket was issued to a driver at the beginning of 2020 due to a delayed payment on entry. The full amount was paid before leaving the car park after spending only an hour there.The driver has recently received the county court claim form and will acknowledge Service of the claimin the next couple of days. 

The driver is however confused on how they will contruct a defence against the claim seeing as they did breach their terms and conditions.
 
Any advice here would be greatly appreciated !

Coupon-mad

You didn't breach the P&D terms, you paid as soon as you could, we assume.   And you paid in full, so there is no legitimate interest in penalising the driver in these circs.

The template defence is in a top thread so use that; it is easy and I struggle to understand why people struggle with adding just 2 paragraphs to it - surely it is easy?

What's the ISSUE DATE of the Claim form and on what date (exactly) did you do the AOS?

Fruitcake

Admit nothing.

Don't do the AoS too soon (day 5 or after I think) to give you maximum time to construct a defence.
Use the ready written template defence in the sticky threads at the top of the main parking forum page.

Get pics of the site and signage asap, covid regs permitting.

What happened when the keeper complained to the landowner? It's still not too late to get a cancellation.

Devonisheaven11

The specific car park has pay and display ticket machines, with a camera clocking in cars at the entrance. All signage is clear to read with multiple signs and machines. The driver really cannot afford to pay and is struggling to write a worthy defence. 

Coupon-mad

Please answer the questions I asked you.

The signs are NOT clear. The fact the signs are there does not make it that the driver 'agreed to pay £100'...does it?! 

The £100 wasn't listed in the same font as the tariff list - was it?

Devonisheaven11

Sorry, I wrote that last comment before yours loaded. The claim form is dated 10th November so I wont send off the Aos until after the 15th. I have not yet complained, I thought it was too late at this stage. Is that the best option to progress?
Thanks

Devonisheaven11

Apologies, I completely agree with you and really appreciate your time in helping me. 

Fruitcake

Devonisheaven11 said:

The specific car park has pay and display ticket machines, with a camera clocking in cars at the entrance. All signage is clear to read with multiple signs and machines. The driver really cannot afford to pay and is struggling to write a worthy defence. 

The driver isn't involved unless the scammers know their identity, or the NTK was PoFA compliant.

ANPR is not fit for purpose according to the UK Government, which is why it is not permitted for use in council car parks, but alas unregulated parking scammers are allowed to use them. They don't record parking time, only time on site.

Have you compared the signage with the unusually clear signage in the Beavis case? 

Landowner complaints are always Plan A, and it's never too late to make one.

Devonisheaven11

Sorry for the slow replies, my internet speed is very low. This is an example of the same signage

Coupon-mad

Haha, that is not a clear sign. Read it out to us...you can't, due to the tiny font.  

Where's the contract to pay £100?  Not in large lettering...

Devonisheaven11

Coupon-mad said:

Haha, that is not a clear sign. Read it out to us...you can't, due to the tiny font.  

Where's the contract to pay £100?  Not in large lettering...

The actual sign is at eye level so can still be read. It says liable for a parking charge notice in small writing with the charge highlighted in red, would you say it's still not clear enough and worthy of noting on the defence, as well as comparing it to the Beavis sign?