Machines Covered, 5 PCNs - Court

Dexcat88

Hi, I've been lurking for a couple of weeks now and now could do with some advice.

I received 5 PCNs from Bank Park Management in May 2020. The car park is next to the hospital that I was redeployed to work ( I am an ICU nurse). Myself and colleagues had been informed that the car park was free for NHS staff during the covid lockdown and there had been free standing signs put up close to the entrance that stated "Free Parking". All payment machines were covered with black covers. No signs saying payment was still required so therefore I didnt pay. Out of a small team at least 7 staff all got PCNs from a 2 week period. 3 of us have received County Court Claim, the rest paid out of fear. They have added £60 administration fee to EACH PCN. I only parked there rather than the trust car park as it was closer to my work and I was pregnant at the time. 

I sent a SAR last week.
I have sent AoS (via MCOL) 26/01/21

Please could you read through my draft defence for use with your suggested template: 

2. It is admitted that the Defendant was the driver and the registered keeper of the vehicle in question but liability is denied.

3. After being informed that parking was free to NHS staff during the COVID lockdown, the Defendant, an ICU nurse, on five separate occasions parked in the Fountain Street car park which is adjacent to Hull Royal Infirmary site. When approaching the car park from the Anlaby Road end of Fountain Street the Defendant saw a free standing sign, on the same side as and close to the entrance of the car park, which said "Free Parking". On each occasion, on entering the car park and parking close to the entrance, the Defendant could see that all payment machines were covered up with black covers. The Defendant did not see any signs indicating that payment is required when all of the machines are covered up. The Defendant subsequently received five separate PCNs each one incurring additional "administration fees". 

Dexcat88

Thanks in advance! 

Redx

What is the issue date from the CCBC claim form ??

Jenni_D

Was it this car park? (Google maps Streetview link). Unfortunately that's the latest image Google has, almost a year earlier than your event. Do you or any of your colleagues have any photos from that time that may support your version of events?

Umkomaas

Jenni_D said:

Was it this car park? (Google maps Streetview link). Unfortunately that's the latest image Google has, almost a year earlier than your event. Do you or any of your colleagues have any photos from that time that may support your version of events?

I wonder if it's the smaller car park partially obscured by the yellow ambulance?

I think this is a case to be raised by the OP and work colleagues with the local press. Maybe set up a Group Facebook page or a WhatsApp Group to keep each other abreast of tactics and progress. 

I'm sure the local MP (and possibly councillors) will be very interested and keen to assist vital, key ICU staff at this absolutely critical time - they cannot turn a blind eye to this!

Jenni_D

Umkomaas said:

Jenni_D said:

Was it this car park? (Google maps Streetview link). Unfortunately that's the latest image Google has, almost a year earlier than your event. Do you or any of your colleagues have any photos from that time that may support your version of events?

I wonder if it's the smaller car park partially obscured by the yellow ambulance?

You could well be right (link). May 2019 is still the latest date.

Dexcat88

Thanks all for the quick replies.

Redx - the issue date of claim was 12/01/21

Jenni is correct with the first image. Its the big carpark, not the one near the yellow ambulance. I am still in contact with the team and they are all able to support what happened. Unfortunately no photos! I have already asked them of they would write a statement of their own. 

Umkomass- we had thought about local press but wasn't sure if this was the right route. We know they would probably love a story about a team of ICU nurses all getting demands for huge "fines". I will write to  my MP. To be fair I just ignored and didn't quite expect to be taken to court. 

Dexcat88

To add my manager had emailed them at the time and was obviously dismissed by them. I didnt read her email but she did it on behalf of us all. However Ido have their email reply in which they admit that all machines were covered. So they do acknowledge that, but they deny the signs stating it was free.

Umkomaas

Umkomass- we had thought about local press but wasn't sure if this was the right route. We know they would probably love a story about a team of ICU nurses all getting demands for huge "fines". I will write to  my MP. To be fair I just ignored and didn't quite expect to be taken to court. 

You have to go in with all guns blazing to halt this in its tracks, otherwise the process is long, with lots of research and work effort in order to learn the intricacies of contract law, which will definitely consume almost all your free leisure time, which I'm sure is vital to you for recharging your batteries for the next day's ICU shift. If you're shattered now coming home from work, just think of the conditions you will face as well, having to deal with the crap that Bank and their solicitor henchmen have lined up for you and coming your way any time soon. 

And if you find it too much to cope with and you just ignore it, you're on your way to a CCJ that will ruin your life for the following six years. 

The time has come ......

Le_Kirk

Dexcat88 said:

To add my manager had emailed them at the time and was obviously dismissed by them. I didnt read her email but she did it on behalf of us all. However Ido have their email reply in which they admit that all machines were covered. So they do acknowledge that, but they deny the signs stating it was free.

All the PDTs are covered but it wasn't free!  What a ridiculous statement from them - how on earth did they expect anyone to be able to pay if the only means of paying (x 5) was out of use?

nosferatu1001

Get onto the landowner once you file your defence
Point out the scam and state you will sue them i fyou lose.