Parking Charge Notice now been referred to County Court

go-on-then

May be a long shot but do you know any of her neighbours and could maybe check their lease, it's possibly the same ??

Do not even think about giving in and paying this, do not be bullied by the scammers and do not worry about a ccj.  Yes all the reading and waffly stuff can be hard going but the more that you get your head around it all, the easier it becomes.  Follow the help and step by step guides and you will do fine.  Very rare that anybody loses after being on here. 

Patrickius

go-on-then said:

May be a long shot but do you know any of her neighbours and could maybe check their lease, it's possibly the same ??

Do not even think about giving in and paying this, do not be bullied by the scammers and do not worry about a ccj.  Yes all the reading and waffly stuff can be hard going but the more that you get your head around it all, the easier it becomes.  Follow the help and step by step guides and you will do fine.  Very rare that anybody loses after being on here. 

I'm afraid I don't.  My sister only moved in a couple of years ago and I have only visited on a handful of occasions purely to help out with DIY work.

Coupon-mad

This is easier than you think.  I bet PCM only took photos across two minutes flat? 

Therefore in your 'facts' para 3, you will be saying that the Claimant's photos were taken across a period of 2 minutes and this allows no grace period, as is required by their Trade Body Code of Practice.  As a matter of fact, visitors to premises will not arrive with a permit already in the car.  The sign talks about a scratch card style permit, presumably obtained from the adjacent premises or residents.  Therefore, in visitors' bays it would be necessary to allow sufficient time for the driver to not only read the signage t&cs but also then enter the adjacent buildings and ask for a 'purple scratchcard permit' or find out how to access one, and if they can't, they must be allowed the time to leave without entering into a contract.  Instead, PCM have had a lurking ticketer waiting to swoop the minute a driver enters the premises or goes over to read a sign and find out where to get a permit. This is predatory and an unfair business practice and breaches the applicable Code of Practice.

Patrickius

Coupon-mad said:

This is easier than you think.  I bet PCM only took photos across two minutes flat? 

Therefore in your 'facts' para 3, you will be saying that the Claimant's photos were taken across a period of 2 minutes and this allows no grace period, as is required by their Trade Body Code of Practice.  As a matter of fact, visitors to premises will not arrive with a permit already in the car.  The sign talks about a scratch card style permit, presumably obtained from the adjacent premises or residents.  Therefore, in visitors' bays it would be necessary to allow sufficient time for the driver to not only read the signage t&cs but also then enter the adjacent buildings and ask for a 'purple scratchcard permit' or find out how to access one, and if they can't, they must be allowed the time to leave without entering into a contract.  Instead, PCM have had a lurking ticketer waiting to swoop the minute a driver enters the premises or goes over to read a sign and find out where to get a permit. This is predatory and an unfair business practice and breaches the applicable Code of Practice.

Thank you very much Coupon-mad.  I will get on with drafting points 2 and 3 with a defence about grace period.
This has at least given me a line I can take. 

Patrickius

I have drafted my defence on the grounds of sufficient grace period not being applied to my case.

I have edited paragraphs 2 and 3 and would be grateful for any comments before I submit.

 

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

3.         The Defendant was visiting a family member who had just moved to Bessborough House, which is part of the Ingress Park Development, Greenhithe.  This was the defendant’s first time visiting the Ingress Park Development.  On arrival the defendant parked the car in a bay which was marked VP.  The defendant got out of the car and went to read the parking signs which advised that a purple parking permit was required to park in a Visitor Parking (VP) bay.  The defendant then attended the family member’s apartment and obtained a purple parking permit.  The defendant returned to the car to place the parking permit on the dashboard.  However, on returning to the vehicle a Parking Charge Notice had already been placed on the car windscreen.  The defendant does not believe a sufficient grace time period has been applied to their case.

 

Coupon-mad

Perfect.  That looks like an absolute defence stance, although of course leave all the rest of the template in because it's your belt & braces!

Patrickius

Thank you very much.
I will email the defence today.  It is due in by Monday 05 April @ 4pm.

Redx

Patrickius said:

Thank you very much.
I will email the defence today.  It is due in by Monday 05 April @ 4pm.

Can't be , it's a bank holiday , so must be Tuesday the 6th April by 4pm

Patrickius

Ok, but will still get it off whilst I have the motivation.

Thanks to all for your advise and support with all of this.  I am very grateful.

KeithP

Yup, I made a mistake earlier. Sorry.

I should've written...

...you have until 4pm on Tuesday 6th April 2021 to file your Defence.