Britannia parking Plymouth.

migmash

Hello all,

                first ever post, but joined many Years ago. I have attached a letter i recently received, as the keeper of a vehicle that has been photographed on a parking site in Plymouth last September.

               I have not replied at all in any way shape or form to this letter, (can hardly believe i have got it in the first instance) and wondered if people on here may have had same/similar?! The driver on the day was visiting the area when the engine management light came up on the cars dashboard. It was then decided to pull off the road in to the parking site mentioned in the letter, and see what could be done if anything, as the driver had been a member of the AA for some 40 Years, and wasn't sure if they could even get a van in the low parking to help anyway?!

                 The car was stood in the queue, hardly moving and overheating as the whole area was generally very busy. Once car was in building, it was just driven to one side, with steam coming from under the bonnet. No signal on mobile phone in there, so no AA call, but after about five minutes, all seemed better, and things cooled down enough to add water from the personal drinking containers in the car. This all took about 10, possibly 15 minutes maximum, and passers by had helped push the car to one side, to a neutral area on the site, so hadn't even used a parking bay!

                   Driver then slowly drove car back out to contact AA when signal working again and get repairs carried out, or Relay home. On leaving, the driver asked 2 of the car park employees that were working on the machine at the entrance/exit "what seems to be wrong with the ticket machine if you have 10+ people queuing around you trying to pay"

and the reply was a somewhat mumbled "doesn't seem to be taking payments"   Driver then left the site, and proceeded to have car repaired.

                 Driver has only just seen these letters as recently sold (21/5/21) rented out personal home, and have been traveling in motor home since retirement for the past 9 Months or so.  All the usual utility bills/letters were taken care of by the tenant, and driver was certainly not expecting this when returning to sell house.

                  Not sure if anyone has seen or had similar experience, but any help/advice would be very much appreciated.

                                                                                     Many thanks.

KeithP

So you have received a County Court Claim Form and it appears that you have done nothing about it yet.

With a Claim Issue Date of 25th May, you have until Monday 14th June to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Monday 28th June 2021 to file your Defence.

That's nearly three weeks 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Fruitcake

This is nothing new. About nine million people a year got PCNs before covid.

The advice to ignore has not been given here since the law changed in 2012.

It is of no help now, but if a vehicle breaks down on a public road, deal with it there. Don't drive onto private property without the landowner's permission, or without following the Ts and Cs on signs.

Have you read the sticky thread for NEWBIES that asks everyone to read it first, and have you found the guide to court written by bargepole that is in the second post of the NEWBIES?

Have you also found the defence template in the sticky threads that covers exactly your situation?

What happened when you complained to the landowner?

Was the NTK PoFA compliant? I can't tell because you have redacted the dates of the alleged event and the date the NTK was issued.

If the PDT machines were inoperative then that will have caused a frustration of contract. 

You need to get pics of the site and signage. See if Google Streetview has historical images of the site as well.

migmash

Many thanks for replies/response Keith P and Fruitcake, i shall check what this means in a moment "Was the NTK PoFA compliant" and possibly put the dates on here if needed! I will check previous "Newbies" thread again, as it seemed to be a 7 year conversation from 2013 yesterday when i looked it up initially, and i will also print off all the abbreviations on one of the pages i spotted last night to acclimatize myself with NTK PoFA etc,

                                               Appreciated once again.

Fruitcake

The NEWBIES is up to date. The important date is when it was last updated, not when it was started.

Printing the abbreviations and acronyms is a good start to your learning process.

One very important thing to determine is the precise name of the PPC by comparing the name on the signs with the name on the NTK/court claim. Britannia has two separate entities with slightly different names, and different company numbers.
Britannia have had cases thrown out in the past because the claimant is not the one named on the signs. IT's those car park signs that form the parking contract.

D_P_Dance

Read MC22 and complain to your MP

https://forums.moneysavingexpert.com/discussion/6273741/britannia-parking-plymouth#latest

also this

https://uk.practicallaw.thomsonreuters.com/9-107-6607?transitionType=Default&contextData=(sc.Default)&firstPage=true

migmash

Thanks again KeithP, fruitcake, and D_ P_ Dance,

                    Have just done the Acknowledgment of Service, and now have time to arrange/defend and do a lot more research/learning?! I will check on the different Private Parking Company spelling, against the Notice to Keeper, and look at "Google Earth" for signage displayed at the parking site. And i will undoubtedly be back on here for much appreciated help and advice/guidance.

                                      Thanks once again.

migmash

Hello again,

                Should i now contact B W Legal as requested in their letter to me?

And should i apply for this "Subject Access Report" ?

or should i just continue to concentrate on my defence email, citing "mitigating circumstances"  Also considering the "frustration of contract" mentioned by fruitcake, and wondered if Britannia would disclose that information at all?

                              Thanks once again.  (finding it hard not to end with my name :-)

Fruitcake

You are dealing with a live court claim now, so having done the AoS, you now need to produce and submit a defence by email to the MCOL site before the submission deadline.
The guide to court in the second post of the NEWBIES explains all this. By now you should have a to do list based on this guide, and dates in your calendar what and when you need to do things.

You should have sent the Subject Access Request by now, not waited, so that you get the data from the PPC before you need to submit your defence. You need to include proof of ID such as a copy of the V5C or two redacted utility bills or bank/card statements. Never sent photo' ID.

You should concentrate on amending paragraphs 2 and 3 of the template defence with facts about your case. The judge knows nothing about the circumstances so you need to explain the type of car park (retail, hospital, residential, supermarket, pay and display, fee for X hours etcetera).
How the ticket cam to be issued (frustration of contract, PDT machine failures).

beamerguy

The BWLegal Claim is a problem, not for you but for Rhohan Krishnarao who signed it. ??

The new protocol clearly defines that a statement of truth ... MUST BE TRUE.
Rhohan Krishnarao signed that stating that "the claimant claims the £60 recovery as laid out in the code of practice."
THE CODE OF PRACTICE HAS NOTHING WHATSOEVER to do with a motorist and indeed any judge.
Couple this with the ruling of the Supreme court which included recovery costs and a judge will know that, BWLegal cannot over rule the Supreme Court.

So  Rhohan Krishnarao is not telling the truth ????   Signing a statement of truth which is not is conempt of court and the highest penalty can be prison

Rhohan Krishnarao needs to re-think what he is saying

This must be highlighted to the court

D_P_Dance

I am not sure that this is contempt, or even that it is a lie. The added £60 is indeed, perhaps in a roundabout way, included in the COP, it is just that it has no validity in law.