One parking Solution taking me to court.

fwesh

If you guys can help me fight this one,  then you are truly magnanimous, as I believe the driver may have some liability here which puts me in a sticky situation.  In short my son, uni student, dumped his car one evening, for 7 days in this "car park" in Brighton run by OPS.  He saw no signs (and has sent pics of signs which are 380mmx400mm) went off to Prague (yep I questioned how the hell he could afford that) returned to one PCN on his windscreen.  He talked to the landlord (with the obvious expected reactions). Exactly one month later I started getting NTK letters for £100 x 6 (all saying that a PCN had been affixed to the car - not true - or so I'm told).  He breezily says to ignore them all.  I then get letters for £170 per day, then £182 from 3 different solicitors.  In a panic he pays £171 and then £60 (not sure why or how this adds up), thinking this sorts it out.  Later we get a letter of claim, I still think they are scammers and email them telling them so.   Now a CCBC has dropped on me, (for 4 days which is strange) and so I start my research.  I have asked for a SAR, about to do my acknowledgement of service asking to dispute the whole claim (not sure if I should as he has already paid some) and will write the defence as per the sticky- but have we been compromised because some of the charge has been paid?  What really grates is we/I will end up paying more than £1000 for a stupid mistake, which is pretty painful since we have no income right now.  I'm not too happy with my son either.  

Redx

If your name is on the CCBC claim form then your son is not in the frame , not unless you named him as driver prior to the court claim ?

Post the issue date from the CCBC claim form below

Which car park was it ??

Do the AOS online if the issue date is more than 5 days ago , if not , wait a few days

Email the SAR to the DPO at OPS attaching a copy of the claim form as proof of I D under the GDPR law

Because the vehicle is in your name , it's your name in the dock , there is no WE

It will be several months before any hearing in Court , so months before any money is paid out , if any

Fruitcake

Read the guide to court written by bargepole that you will find in the second post of the sticky thread for NEWBIES.
Also read the template defence in the sticky threads that includes information about fake add on amounts.
The charge is £100 per PCN plus permitted court fees of £75 to £100 for a single court claim. Nothing else is permitted so even if you lost, you wouldn't be paying £1000. 
All this is explained in the template defence and the NEWBIES.

fwesh

thanks for such a quick response - the solicitor has written back to me (after I sent an email that I am seeking debt advice and telling them about the SAR)  that they are unable to hold the matter as a claim has been issued,  further down the email thread another solicitor has passed it on saying - just another one we are not authorised to view - I wonder what she meant by that.. I will stick firmly to everything that I have read in the sticky threads.

fwesh

car park was Citibase Brighton

Redx

Nothing will be placed on hold , it's a live court claim , the clock is ticking

Answer the questions I asked if you want answers to your questions

fwesh

I certainly do......so Issue date is 12 February, I am the defendant, car park was Citibase Brighton - 4 PCN charges, and apparently the driver agreed to pay within 28 days but did not.  Signs were really bad, got pics showing they are smaller than the size BPA code of practise recommends, the writing is 3 mm - and they are unlit.  what do you think our chances are???

BrownTrout

fwesh said:

I certainly do......so Issue date is 12 February, I am the defendant, car park was Citibase Brighton - 4 PCN charges, and apparently the driver agreed to pay within 28 days but did not.  Signs were really bad, got pics showing they are smaller than the size BPA code of practise recommends, the writing is 3 mm - and they are unlit.  what do you think our chances are???

28 days is irrelevant
with regards to your chances, i dont have my crystal ball polished on the judges decision on your case, does anyone else have their crystal ball to hand?

Umkomaas

apparently the driver agreed to pay within 28 days but did not.  

A categoric denial then!  Have you checked what the signs on site say?  They are the contract with the driver. Have a close look and then let us know please.

Redx

fwesh said:

I certainly do......so Issue date is 12 February, I am the defendant, car park was Citibase Brighton - 4 PCN charges, and apparently the driver agreed to pay within 28 days but did not. 

Read the court report in this thread feedback today to see what a judge accepts when a driver enters a private car park when passing a sign

https://forums.moneysavingexpert.com/discussion/6055468/excel-myparkingcharge-final-demand/p11

Then tell us again how the Driver didn't agree to a contract !! Or are the judges wrong in law ?

Do the drivers agree to an implied contract of not driving above 30 on a 30 mph road , under threat of penalty if they breach that limit ? Or 70 on a motorway ?

Does the driver agree in an implied contract not to drive on the right in the UK ? Unlike sacoolas who hasn't been prosecuted yet for doing so ?? She didn't sign any written contract after all !!

Or do we physically sign paperwork as we drive on our roads ?

Think about it

fwesh

Umkomaas said:

apparently the driver agreed to pay within 28 days but did not.  

A categoric denial then!  Have you checked what the signs on site say?  They are the contract with the driver. Have a close look and then let us know please.

on a small board of 40cmsx38cms, unlit and grey colour with faint font.

Attention, private land terms and conditions apply
by parking or remaining at this site otherwise than in accordance with the above you the driver are agreeing to the following contractual terms.
you agree to pay a parking charge notice (this is written in 5mm font) in the sum of £100 to be paid within 28 days of issue, this is reduced to £60 if paid within 14 days of issue.  you will be liable for additional parking charges for each and any subsequent 24 hour period (or part thereof) of the vehicle remains etc.