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Claim Form received for a private ticket

2»

Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    We know that, but that is covered by the DOUBLE RECOVERY argument in the Template Defence
    For POFA you need to compare the ORIGINAL NTK - NOT any reminders! - to the applicable part of schedule 4  - para 8 OR para 9. Never both. 
    What do they allege happen? We know NOTHING as tot he background yet - surely you recognise either of the locations youve given? We certainly wont have any clue...
  • Johnersh
    Johnersh Posts: 1,573 Forumite
    Fifth Anniversary 1,000 Posts Name Dropper Photogenic
    This site has featured before

    Re: One Parking Solution - Notice to Keeper / PCN

    The postcode referred to on the claim form no longer exists, I believe. 
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 19 March 2021 at 10:58PM
    This has cropped up before and it's the residential car park next to a Co-op.  

    But it isn't Plough Lane so the location is wrong, you can (in the defence facts) deny that the Defendant or any driver of this car has parked in a car park at the location given in the Particulars: Plough Lane. 

    The landowner contract has also been picked apart on here before,  you only had to search to find this place and OPS discussed.  The contract hasn't even got a name on the agreement, "This agreement is between ......... and OPS."

    Here's the contract:

    https://forums.moneysavingexpert.com/discussion/6146428/one-parking-solution-notice-to-keeper-pcn/p6

    It is where Wimbledon Football Club used to be.  Easy to look at on GoogleStreetView.  Have to say I have no idea why people think it's OK to park at private flats to use that Co-op, which is probably what the driver did, having driven past a sign and walked past another.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    but they have put £160

    Indeed, read this

    Excel v Wilkinson


    At the Bradford County Court, District Judge Claire Jackson (now HHJ Jackson, a Specialist Civil Circuit Judge) decided to hear a 'test case' a few months ago, where £60 had been added to a parking charge despite Judges up and down the country repeatedly disallowing that sum and warning parking firms not to waste court time with such spurious claims.   That case was Excel v Wilkinson: G4QZ465V, heard in July 2020 and leave to appeal was refused and that route was not pursued.  The Judge concluded that such claims are proceedings with 'an improper collateral purpose'.   This Judge - and others who have since copied her words and struck dozens of cases out in late 2020 and into 2021 - went into significant detail and concluded that parking operators (such as this Claimant) are seeking to circumvent CPR 27.14 as well as breaching the Consumer Rights Act 2015.   DJ Hickinbottom has recently struck more cases out in that court area, stating: ''I find that striking out this claim is the only appropriate manner in which the disapproval of the court can be shown''.
    You never know how far you can go until you go too far.
  • thank you guys for all your input, i am unsure about one thing. the vehicle is registered on my mums company. can i defend this claim on her behalf.
    i have found the ntk.
  • Coupon-mad
    Coupon-mad Posts: 155,731 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    No, the company defends it in the company name.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 41,296 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    edited 21 March 2021 at 3:03AM
    And the good thing is that the Registered Keeper, i.e. the company, could not have been the driver.
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    The named defendant defends. No one else

    howevrr obviously you can help write the defence, do research etc. 
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