Claim Form Received....... Need A Little Help!!

Larrytheparkingbandit

Hi Guys, 
Quick question, do you know of any cases that were argued on ‘no grace period given’ from parking firm starting to manage a car park? 
Cheers 

KeithP

You have found the template Defence, haven't you?

Show us your Defence, or at least the altered paragraphs of it, when you are ready.

Coupon-mad

Larrytheparkingbandit said:

Hi Guys, 
Quick question, do you know of any cases that were argued on ‘no grace period given’ from parking firm starting to manage a car park? 
Cheers 

Read my thread about the court report from Brighton last week?  Among other things, no grace period was accepted by the Judge as unfair.  This is nothing new and a normal thing to argue if we are talking about a matter of minutes.

Larrytheparkingbandit

Ok thanks coupon-mad, although when I was talking about grace period I meant from when they started managing the car park. For example the week before it’s free to park there but the next week you park a parking charge arrives at your door and you haven’t got a clue. I guess it’s all to do with unclear signage to be fair but if your in the habit you automatically park without noticing. Whereas council will give you a warning if they install a new camera I’ve had that before. 

I’ve done a draft defence is it ok to post here or send direct somehow?
thanks guys 

Coupon-mad

Post it here. 

Both Codes of Practice cover the matter of having to add additional, temporary signs if restrictions are new or the terms or obligations change.

Larrytheparkingbandit

Ok great thanks. Here point 2,3 from the defence 

The facts as known to the Defendant:

2.       It is admitted that the Defendant was the registered keeper of the vehicle in question but liability is denied. It is also admitted that the Defendant was the driver of the vehicle on the 10/09/19  

3.  On the night of 10/09/19 at 20:52 the defendant parked his vehicle in the small car park at Wilson’s corner in Brentwood town centre. The defendant had used these spaces many times previously over the years as a customer of the shops and restaurants. On the 10/09/19 the defendant parked in a space as he had done previously. The time was 20:52 so it was dark when the defendant entered the car park. The defendant didn’t see any signage or indication that the car park was now under the management of a parking company. He didn’t see any newly installed signs. There was no signage in front of his parked vehicle and absolutely no indication that this car park had newly imposed restrictions. It seemed to the defendant that it was exactly the same as all the other times he had legally used the car park in the past. If the defendant had seen the newly installed signs he would have chosen to park elsewhere in the many free to park locations at that time of night.

Unfortunately I haven’t got the parking charge anymore or the other info they sent me and I have received anything back from there data department yet. 

Thanks for checking 

Coupon-mad

Looks fine.

Fruitcake

Did you intend to reveal the driver's identity in your defence?
You have to ask yourself which is the stronger defence. Is it better for the driver to say what happened on the day and was a witness (for example) to the lack/inadequacy of signage)  as opposed to a keeper who is not liable because the NTK was non PoFA compliant.