Post this back in March 2020 - just got County court claim form (I know i got it wrong last time !)

muppetboy1

So I left this got odd reminder but finally got a County Court claim form today.

Whats best route 

Regards

Last post after POPA rejection

You will see from a decision  from POPA they state i did not clearly show i had used the companies phone app, but i send screen shots of phone just park application purchased and invoice of ticket purchase at the time of arrival.

I feel it was the tech and not me i bought a ticket, tech got wrong place it was totally not intentional.

Any advise welcome.

Cheers

Andy

Decision  Unsuccessful

Assessor Name      Ashlea Forshaw

Assessor summary of operator case

The parking operator has issued a Parking Charge Notice (PCN) to the motorist for, “unpaid tariff time”.

The appellant says that he used the providers phone application to purchase a ticket on arrival however, the application must have been faulty as it purchased a ticket for a car park 30 miles away. He says that as you can see, this was by no way an offence as he bought a ticket with the providers said system on arrival that would have covered his time in car park. He says that the application must be able to tell them he had paid for that time and if that's the case, the application should have emailed him to advise of the error but he feel that they are looking to gain income from fines. To support this appeal, the appellant has provided evidence of payment

Assessor supporting rational for decision

The appellant has appealed as the driver of the vehicle. Therefore, I will be assessing driver’s liability in this case. The signage displayed at this site states the following: “Parking Tariffs Apply, up to Hours £3.20… failure to comply with the terms and conditions will result in the issue of a 

£100 PCN”. The parking operator has issued a Parking Charge Notice (PCN) to the motorist for, “unpaid tariff time”. The operator has provided copies of its signage displayed at the site, along with a site map. Further, the operator has provided camera images which were captured by the Automatic Number Plate Recognition (ANPR) cameras. The images show the appellant entering the site at 12:54 and exiting at 14:44, totalling a stay of one hour and 50 minutes. The operator has provided a transaction report showing that no payment was registered against the appellant’s vehicle, ******** that day. On the face of the evidence, I consider it looks like there is a contract between the appellant and the operator, and the evidence suggests the terms have not been met. I now turn to the appellant’s grounds of appeal to determine if they make a material difference to the validity of the parking charge notice. The appellant has said that he used the providers phone application to purchase a ticket on arrival however, the application must have been faulty as it purchased a ticket for a car park 30 miles away. Having assessed the appellant’s evidence of the receipt for payment, I can see that he has paid £2.70 for parking. He has provided evidence of a second receipt, showing that payment was made to ‘Cornwall council’. I must note that the payment that the appellant made, was not valid in this private car park. The signs at this site clearly advise of a 

‘Justpark’, pay by mobile service. The screenshot that the appellant has provided does not show which mobile app he used to make a payment. I cannot determine if this was the ‘justpark’ app. Therefore, I consider the appellant’s evidence to be insufficient to prove that there was an issue with the operator’s payment app that day. Ultimately, the signs advise of the parking tariffs available at the site. For the appellant to park for one hour and 50 minutes, he was to pay the ‘up to 2 hours’ tariff of £3.20. The payment of £2.70 that the appellant made does not correspond with the tariffs at this site. Therefore, I am satisfied that the appellant made a payment for the wrong car park. By paying for a council car park, this meant he was not authorised to park in the Initial Parking car park. The operator’s service is not designed to advise the motorist of any errors he has made regarding paying to park at another site. It is his responsibility to check the signs, and to make the correct payment to the correct operator. On this occasion, he has not. I therefore conclude that the PCN has been issued correctly and so, this appeal must be refused.

Fruitcake

What is the issue date of your claim form?
Do not do the AoS until after day five of that date.

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement. 

Use the defence template from the sticky Announcements and show us your modified paragraphs 2 and 3.

What happened when you complained to the landowner?

Jenni_D

https://forums.moneysavingexpert.com/discussion/6122593/just-park-app-used-but-it-bought-ticket-for-wrong-car-park-what-to-do-now-sent-a-170-bill

Original thread.

muppetboy1

Fruitcake said:

What is the issue date of your claim form?
Do not do the AoS until after day five of that date.

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement. 

Use the defence template from the sticky Announcements and show us your modified paragraphs 2 and 3.

What happened when you complained to the landowner?

Date of issue 9th aug 2021, why five day after that date ? 

Never tried landowner, how do you find that info. 

Will read sticky thanks all 

muppetboy1

Fruitcake said:

What is the issue date of your claim form?
Do not do the AoS until after day five of that date.

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement. 

Use the defence template from the sticky Announcements and show us your modified paragraphs 2 and 3.

What happened when you complained to the landowner?

Sorry tired look for bargepole in second post of the NEWBIES Announcement but must be being slow !! 

Jenni_D

Just look at the 2nd post of the NEWBIES sticky thread, where you'll find:

IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN!

Here's a summary from bargepole of what happens when, what you MUST do in time, re the paperwork & deadlines:

Redx

muppetboy1 said:

Fruitcake said:

What is the issue date of your claim form?
Do not do the AoS until after day five of that date.

Read the guide to court written by bargepole that you will find in the second post of the NEWBIES Announcement. 

Use the defence template from the sticky Announcements and show us your modified paragraphs 2 and 3.

What happened when you complained to the landowner?

Date of issue 9th aug 2021, why five day after that date ? 

Never tried landowner, how do you find that info. 

Will read sticky thanks all 

Leaving it for at least 5 days means that you can have a maximum deadline of 33 days after the issue date , it's on your form notes , 5 + 14 + 14 days extra = 33 days

Umkomaas posts his advice on how to find out landowner details regularly on here , check his posts in his profile

KeithP

Date of issue 9th aug 2021.

With a Claim Issue Date of 9th August, you have until Tuesday 31st August to file an Acknowledgment of Service. Do not file an AoS before 14th August, but otherwise 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 13th September 2021 to file your Defence.

That's over four 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.

muppetboy1

KeithP said:

Date of issue 9th aug 2021.

With a Claim Issue Date of 9th August, you have until Tuesday 31st August to file an Acknowledgment of Service. Do not file an AoS before 14th August, but otherwise 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 13th September 2021 to file your Defence.

That's over four 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.

Sorry feel so silly but all post I see are by couponmad nothing by anyone called bargpole


what am I’m missing 

Jenni_D

Have you heard of Ctrl+F to find text on a page? I even quoted the exact text where his name is mentioned!

Nobody has said that there is a post by bargepole; there is information by him in the second post. 🙄

Redx

muppetboy1 said:

KeithP said:

Date of issue 9th aug 2021.

With a Claim Issue Date of 9th August, you have until Tuesday 31st August to file an Acknowledgment of Service. Do not file an AoS before 14th August, but otherwise 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 13th September 2021 to file your Defence.

That's over four 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.

Sorry feel so silly but all post I see are by couponmad nothing by anyone called bargpole


what am I’m missing 

Yes all the posts are by coupon mad , not bargepole , as you say

But in each section of the second post she has posted live links to various pieces of advice , one of which links to the thread from several years ago where Bargepole posted guidance

There are loads of live links in her post , about various information advice from various people , so read her run downs and click on the links , like the Bargepole link for example

Use a laptop or desktop computer , not a smartphone