PCN Received from New Generation Parking Management - Advice Required

Coupon-mad

That's normal; a full trial bundle. Remind us how many PCNs this is about?

nero33

Coupon-mad said:

That's normal; a full trial bundle. Remind us how many PCNs this is about?

Just the one

Coupon-mad

Hilarious that they are throwing so much at it.

Be confident and well prepared, knowing that if they manage to win, you'll have cost them far more, with no risk to you.  And we usually win. 

nero33

Unfortunately it didn't go well. Judge found in Claimant's favour.

I feel destroyed if I'm honest.

I'll just list a few issues.

Judged opened and within seconds I sensed the judge knew what the final decision would be and within 2 minutes I knew this was only going one way - not mine.

Their legal rep even said to me before the start to settle as I would not win.  Their whole argument was that the NGP Ltd had 'unfettered' control/rights etc to manage the car park and the chat transcript with managing agents of the apartment complex held no value. Judge agreed.

The judge said Jopson Vs Home Guard was not really similar to my case. There was nothing in the tenancy agreement to say that there was a drop off area in the car park

And the Equality Act 2010 had no bearing according to the judge.  

Judge said that I had a few opportunities to name the driver which I didn't.

Said that the parking attendant not giving a statement was not an issue.

Judge also said there was signage in the car park. It stated we should park in the bays.  And that's that.

Initial PCN was for £100, reduced to £60.

This went up to £160.

The final demand was for £160 + £35 (court fee) + £50 (Legal rep fee) + £27 (some listing fee)
=£282+ interest

Judge asked me to pay them £293 within 14 days

I was asked if wanted to challenge the interest charge. I just wanted to go home at that stage.

Feeling battered & bruised.  Probably more embarrassed because I got such a spanking

Boat_to_Bolivia

So sorry to hear that. Don't be embarrassed, I think you just got lumbered with a Judge who has no idea about these car parking scams, and hasn't even deducted the 60 quid add on!

Hold you head up high, at least you tried.

Le_Kirk

Looks like the judge fell for the "debt admin fees of £60"  Hard luck.  Some judges knock that off straight away and don't allow interest - Judge Bingo again.  At least you cost them money to attend!

Galloglass

Judge Bingo again.

Strange that two cases with very similar facts (following instructions where to park) get opposite results. In the Jinef case today at Cardiff they took a different view. And this was also a Welsh case from the paperwork. 

Did you get the judge's name

https://forums.moneysavingexpert.com/discussion/6379713/new-generation-parking-management-dcb-legal-claim-stage#latest

nero33

Galloglass said:

Judge Bingo again.

Strange that two cases with very similar facts (following instructions where to park) get opposite results. In the Jinef case today at Cardiff they took a different view. And this was also a Welsh case from the paperwork. 

Did you get the judge's name

https://forums.moneysavingexpert.com/discussion/6379713/new-generation-parking-management-dcb-legal-claim-stage#latest

I didn't get the female judge's name.  It was quite long and mid Eastern sounding.

I don't think she was au fait with parking issues in that she saw it purely in black and white terms.

You win some, you get battered in some! And I took a thrashing

Galloglass

This one?

http://www.projects.law.manchester.ac.uk/religion-law-and-the-constitution/mona-bayoumi/

You're correct about judges. If it is this one, she's a Mental Health judge with knowledge of "deprivation of liberty" and related cases. Not the stuff a Property or Commercial judge would come across. 

You've lost a battle but if you go back to the TA, you should make it clear to them that they were prevented from meeting their duties to their residents by the contract with NGPM. Suggest they should strongly look at it, and get it changed so others don't suffer the same fate.

Coupon-mad

She was hopelessly wrong.

Jopson and the Equality Act absolutely apply and the added £60 is clearly abusive if anyone engages their brain.  You do NOT have to name the driver and nor can any adverse inference be drawn from choosing to defend as keeper.

Sounds like you had no chance from the start, with an opinionated bad Judge.

So sorry.  It wasn't you.  It was her.

Which court?

If you still live there, consider moving out soon (I am really not joking.  You can't live like this.  Anyone with a car should NEVER sign up for a flat where a PPC infests the estate).

And...GET YOUR REVENGE.

Please don't miss the upcoming Public Consultation to change the private parking law and cap the 'greedy money' down at a lower level.

You must take part, you know how horrific this is and how draining and stressful this crap is - and why should consumers and residents have to suffer this relentless bullying claptrap?

Explained here:
https://forums.moneysavingexpert.com/discussion/comment/79803066/#Comment_79803066

Don't disappear!  We feel for you.  A bad Judge can happen to absolutely anyone.

Please do bookmark the relevant thread linked in that reply and set email alerts.