Parking ticket help!!

cheesemaker

Hi everyone.

I have read the newbies section and put together a defence using the template and altered #2/3 to suit. I think I am doing the correct thing by creating my own thread for my situation.

I ignored multiple letters regarding a parking charge. (works for most) This dated back to 15/01/19. I moved out of my home and rented this out in April 2021. During this period I received a LOC, followed by a N1 claim form. Luckily I received my post just in time to put in a AoS online at Mcol - a day late but no action was taken by the claimant, so assuming this is ok. This led me here to fill in my template defence which I am running out of time to finalise.

This ticket: 
I usually park in this car park over night while it is free, and in the morning I set off for work and things are usually ok. This time round I received a ticket even though we are talking I think 15mins over. 
I can't get the exact information regarding timings, and will need to check at the sign as to their free periods over night exactly, however within my defence I have said that as this was during winter period, and given the time, I couldn't see the sign.

I wonder if anyone could scan my #2/3 to see if its adequate, or if I need to add anything. Firstly, by telling me how to attach to this thread without a large copy/paste?

Also, is it too late to try to obtain the exact time from the parking company, to aid me in my defence?

Redx

You cannot attach it on here , so use copy and paste , but only post your Adapted paragraphs , not all of it , so only 2 to 5 paragraphs at the most

Post the issue date from the claim form below , plus the name of the PPC too , plus the date of the AOS , your claim history would be useful to see , from MCOL

Email a SAR to the DPO at the PPC ASAP , attaching a copy of the claim form as proof of I D under the GDPR law to obtain all your data , adding recent redacted copies of 2 recent utility bills too , so 3 forms of I D

Try GSV for pictures of signs and show us the pictures

cheesemaker

#1-5:

1.       The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that a contract was entered into - by conduct or otherwise - whereby it was ‘agreed’ to pay a ‘parking charge’ and it is denied that this Claimant (understood to have a bare licence as managers) has standing to sue, nor to form contracts in their own name at the location.

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

3.  As the defendant I did not see any signage as the time of the apparent offence it would have been too dark to notice. 15/1/2019 - at winter time.

As the defendant I parked at this car park as an over night stay which is free. Departure was like most other regular days, thought to be in good time.

4.  The Particulars of Claim set out an incoherent statement of case and the quantum has been enhanced in excess of any sum hidden in small print on the signage that the Claimant may be relying upon.  Claiming ‘costs/damages’ on an indemnity basis is stated to be unfair in the Unfair Contract Terms Guidance, CMA37, para 5.14.3.  That is the official Government guidance on the Consumer Rights Act 2015 ('CRA 2015') legislation which must be considered, given the duty in s71.  The Defendant avers that the CRA 2015 has been breached due to unfair terms and/or unclear notices (signs), pursuant to s62 and with regard to the requirements for transparency and good faith, and paying regard to examples 6, 10, 14 and 18 in Sch2.  NB: this is different from the UTCCRs considered by the Supreme Court, in that there is now a requirement for contract terms and notices to be fair.

5.       It is denied that the exaggerated sum sought is recoverable.  The Defendant's position is that this moneyclaim is in part/wholly a penalty, applying the authority in ParkingEye cases (ref: paras 98, 100, 193, 198) ParkingEye Ltd v Beavis [2015] UKSC 67 and para 419 of HHJ Hegarty’s High Court decision in ParkingEye Ltd v Somerfield Stores Ltd ChD [2011] EWHC 4023(QB) where the parking charge was set at £75 (discounted to £37.50 for prompt payment) then increasing ultimately to £135.  Much like the situation in this claim, the business model involved sending a series of automated demands to the keeper.  At para 419, HHJ Hegarty found that adding £60 to an already increased parking charge 'would appear to be penal' and unrecoverable.  ParkingEye had dropped this punitive enhancement by the time of Mr Beavis' famous parking event.

Issue date - 28th July 2021

PPC - UK Parking Control Limited

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Claim history

A claim was issued against you on 28/07/2021

Your acknowledgment of service was submitted on 18/08/2021 at 21:13:45

Your acknowledgment of service was received on 19/08/2021 at 08:06:18

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KeithP

cheesemaker said:

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Claim history

A claim was issued against you on 28/07/2021

Your acknowledgment of service was submitted on 18/08/2021 at 21:13:45

Your acknowledgment of service was received on 19/08/2021 at 08:06:18

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You really must file a Defence as soon as possible.

As you say, your Acknowledgment of Service was late.
That meant that your Defence filing deadline became 17th August - last Tuesday - a week ago today.

Since 4pm on 17th August the Claimant has been free to seek a Default Judgment against you.

Best you get your Defence filed tonight - before 8am tomorrow.

No time now for fine tuning. get what you have filed now - before the Claimant seeks that Default Judgment.

cheesemaker

I was under the impression that I had until the 30th as that would be 28 days from the day of service being the 2nd August?

When I filed the AoS it said it would be accepted if the claimant hadn't requested a default.

Am I wrong?

Can someone scan my #2/3 as I'll post this straight away if indeed I am out of time.

Coupon-mad

KeithP is correct, you are late.  If you file an AOS late you need to put the defence in too.  

The only thing I’d add is that the lighting was inadequate to enforce parking in hours of darkness.

cheesemaker

Ok, I've just sent it. With the slight amendment suggested. 8.06am late again!!

As I emailed to CCBCAQ do I need to file anything with Mcol?

Will do the Gov consultation when home at 5pm, have not read this properly yet.

D_P_Dance

Have you complained to your MP?

Le_Kirk

Shame you didn't post up your defence before now, we could have told you to remove the "I and substitute it for "the defendant".  Too late now, shouldn't change the thrust of the defence.  Do NOT do anything on MCOL, especially the defence box, not even a full stop!

Coupon-mad

Check you got an acknowledgment email from the CCBC as they’ve been bad at losing emails in recent weeks then blaming the public for not receiving an acknowledgement.