Premier Parking County Court Defence

KeithP

PChallenger said:

I am definitely loosing my head🤣🤣🤣. It was issued on the 20/11/20

You still haven't answered:

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

I'm going to assume you filed an AoS sometime after 25th November. Please confirm.

With a Claim Issue Date of 20th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 23rd December 2020 to file your Defence.

That's less than a week 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.

PChallenger

KeithP said:

PChallenger said:

I am definitely loosing my head🤣🤣🤣. It was issued on the 20/11/20

You still haven't answered:

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

I'm going to assume you filed an AoS sometime after 25th November. Please confirm.

With a Claim Issue Date of 20th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Wednesday 23rd December 2020 to file your Defence.

That's less than a week 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.

Thank you KeithP,

My acknowledgement of service was submitted on 29/11/2020 at 10:44:26 and received on 30/11/2020 at 01:12:13.

PChallenger

wannadancewithsomebody said:

ensure you have a good read of the contract for that car park , Mr walton is playing musical chairs at companies house , or is that operation coverup https://find-and-update.company-information.service.gov.uk/company/12730096

I have since relocated to London

PChallenger

Le_Kirk said:

PChallenger said:

2.       It is admitted that the Defendant was the registered keeper and driver of the vehicle in question, but liability is denied. As of 2nd March 2020, the signage on the entrance of the Car Park at 66 Cecil Street, Birmingham, B19 3SU stated, “20 pence per hour and £3.50 all day for parking”. Attached is the “Evidence 1” as proof showing this.

3.            On arriving at the car park, the Defendant paid £1 to cover 5 hours of parking based on the information on the entrance and on display (see evidence 1). The Defendant works with the Birmingham Women and Children Hospital and was attending a meeting at a nearby building with the Birmingham Children Trust. The payment information (evidence 1) with the advert at the entrance “20 pence per hour and £3.50 all day for parking”, guided the Defendant to belief that he has paid the right amount to cover 3 hours with an extra 2 hours excess to cover for a probable delay.

 4.            The defendant followed the instruction on car park signage and the payment instruction as per the signage on the entrance.

Please look at the change above plus; you only need to show us the changes to paragraphs 2 & 3 or any additional paragraphs.  The claim fee and hearing fee, along with legal costs are allowed.  Please read the defence template again and see what figures you should be showing.  no evidence is sent with the defence, this goes later with the witness statement.

Thank you Le_Kirk,
I accepted the changes, below is the statement relating to the fee.

The Claimant is trying to recover the total amount of £244.16; including the claimed amount of £169.16, additional charges such as legal costs £50.00 and court fees £25.00. The Protection of Freedoms Act (POFA) 2012 does not permit the Claimant to recover a sum greater than the parking charge on the day before a Notice to Keeper was issued. The Claimant cannot recover additional charges. The Defendant also has a reasonable belief that the Claimant has not incurred the stated additional costs and is put to strict proof they actually have occurred. As a small claim, legal costs cannot be recovered and be struck out.

PChallenger

Coupon-mad said:

We are not talking about the signs (contract).  He means when you eventually get the evidence, check what company name is on the landowner agreement.

Did you know about good old Walton?  Been around the block a bit for parking practices, that man:

http://parking-prankster.blogspot.com/2017/07/no-honour-amongstoperators.html

https://www.birminghammail.co.uk/news/local-news/birmingham-woman-won-car-back-4859

https://www.birminghammail.co.uk/news/local-news/birmingham-car-clamping-boss-to-carry-91288

''the judge found their fee of £390 was not extortionate for clamping and towing as British Parking Association guidelines suggest £410''.  
WOW.  THAT'S THE BPA FOR YOU (IF TRUE).  NO WONDER THEY RECKON £100 NOW ISN'T EXTORTIONATE. 
THE PARKING INDUSTRY IS JUST NOT ON THE SAME PLANET AS RIGHT-THINKING CONSUMERS...

...BUT CLEARLY HIS LEVEL OF PARKING CHARGES IS THE SAME AS THE BPA'S VIEW - SO THEY ARE ON THE SAME PAGE AS A CLAMPER - BECAUSE WHEN CLAMPING WAS BANNED HE DECIDED TO ISSUE TICKETS FOR UP TO £150:

https://www.itv.com/news/central/2012-09-27/birmingham-clamper-says-new-laws-will-make-his-job-easier

''He says the new legislation means he can instead issue motorists with legally enforceable parking tickets worth £150 a time.  He also says ticketing is much less hassle as it costs him less than clamping.'' 

He seems to like to mislead people about how much money he made from clamping, before it  was made illegal:

Rich beyond his wildest dreams?

https://www.dailymail.co.uk/news/article-1387286/Clamping-boss-Walton-Wilkins-claims-10m-impounding-cars.html

But maybe not:

http://news.bbc.co.uk/1/hi/england/west_midlands/7636110.stm

"If I was out to make money, I'm in the wrong business as my company actually made a loss last year, and I don't know where the council gets its figures from.''


Likes his sports memorabilia, though:

https://www.bbc.co.uk/news/uk-england-birmingham-19168876

I appreciate your prompt response and will review and update my defence, THANK you Coupon-mad

Le_Kirk

The claimant is allowed to recover the filing fee, legal costs (if they actually pay them) and the hearing fee.  They are NOT allowed to add "debt control/admin costs" or "debt recovery" fees however they are dressed up.

Castle

Coupon-mad said:

We are not talking about the signs (contract).  He means when you eventually get the evidence, check what company name is on the landowner agreement.

The car park signs will still be vital to ensure that as a Sole Trader; Mr Wilkins's name appears on them, rather than just "Premier Parking Logistics".

PChallenger

Castle said:

Coupon-mad said:

We are not talking about the signs (contract).  He means when you eventually get the evidence, check what company name is on the landowner agreement.

The car park signs will still be vital to ensure that as a Sole Trader; Mr Wilkins's name appears on them, rather than just "Premier Parking Logistics".

The sign outside of the car park showed Cecil Street, see attached image from https://www.parkme.com/en-gb/lot/168653/cecil-street-car-park-birmingham-uk. I’ve also asked a friend to take pictures for me

PChallenger

The sign here showed £2:40 all day and 20p per hour 

Umkomaas

I think @Castle was referring to any WW/PPL-specific signs dotted around the car park - there may be very few!  If there's a photo of one of those, can you let us see it please?