Court Claim for Old Milton Green Britannia parking unlawful camera

ricky_balboa

I have now completed the AoS online.

The signs in the car park state they are operated by The Britannia Parking Group. The claimant on the form is Britannia Parking Group Limited T/A Britannia Group.. The NTK mentions Britannia Parking which is a registered trading name of Britannia Parking Group Limited.

ricky_balboa

I have now read the relevant BPA CoP for when the parking took place. It mentions that there should be a grace period to read the terms & conditions before entering the contract, but as i didn't see the signs is this not relevant anyway and i shouldn't mention it on a defence?
The BPA CoP also states that there should be a grace period of 10 mins to leave the car park. I overstayed by 15 mins altogether.

Coupon-mad

Is the company number on the signs the same as the company number on the bottom footnote on the NTK?

ricky_balboa

Coupon-mad said:

Is the company number on the signs the same as the company number on the bottom footnote on the NTK?

I'm not sure on the number on the sign. I will have to find out later this week.
I did find out that the signs facing the retail shops are actually on the advertising consent/planning application which was approved, but i did not see them on the day. Going into the car park i was concentrating on traffic as i was turning right on a busy Saturday. After leaving my car i didn't see a sign before entering Greggs or on the way back as the footpath faces the back of the signs.

ricky_balboa

An update on my claim.

With the AoS sent and my defence to be emailed by 9/11 i have been reading various threads on the forum and writing a defence.

I have adjusted the abuse of process template to suit as BW Legal have added the £60 recovery costs to the claim and have that in my defence. I don't live far from Southampton so would hope to have that as the court issued as per the Crosby case.

I am going to the car park where the pcn was issued and taking photos on Thursday. I will also check if the registered number is different to the NTK.

I need to draft a point on the planning permission being denied for the cameras and will include this in my next draft i write. I have also been reading about the various forumites who also received pcn's in this car park and were successful at defending them.

I was the driver and therefore writing as the defendant. Neither my wife or myself saw any signs when we visited Greggs for our 35 min stay in the car park. We went in for a quick lunch with our young children during the Christmas holidays of 2019.

Can i ask if the following points i have drafted are ok?

3.   The facts of the matter are that there were no visible signs stating the claimants terms when turning right on a busy road to enter the car park area and driving to where the defendant parked from the driver’s seat. On the foot route the defendant made from their parked car to Greggs and back, there were no signs visible. This is in contravention of The British Parking Association (BPA) Approved Operator Scheme (AoS) section 18.3 under which the claimant is an active member.

4. The Claimant has showed photos of the Defendant’s vehicle entering and exiting the car park showing a period of 35 min. The Defendant’s vehicle was actually parked for less than 20 minutes as it was a busy Saturday and there was a waiting period to find a space to park. There was also heavy traffic on a busy road to exit the car park. The Defendant believes there is a 5 minute consideration period prior to entering a contract to park and a 10 minute grace period at the end of a parking event as stated in the BPA COP 13.1, 13.2, 13.3.

Many thanks

Jenni_D

shown (not showed)

I assume you already have point 2? (It is admitted that the defendant was the driver of the vehicle on the material date ... or something like that).

BPA CoP breaches are all well and good, but they're not the law. I'll let someone else consider your suggested defence points and advise, as I don't have sufficient experience in this area.

Coupon-mad

In 2019 the consideration period was 10 minutes.

ricky_balboa

Coupon-mad said:

In 2019 the consideration period was 10 minutes.

Ok, thanks for that. Where can i find that information for 2019?

ricky_balboa

Jenni_D said:

shown (not showed)

I assume you already have point 2? (It is admitted that the defendant was the driver of the vehicle on the material date ... or something like that).

BPA CoP breaches are all well and good, but they're not the law. I'll let someone else consider your suggested defence points and advise, as I don't have sufficient experience in this area.

I do have the point 2 you mention, thanks for the advice.

2.    It is admitted that the Defendant was the registered keeper and driver of the vehicle in question on the material date but liability is denied. 

Coupon-mad

ricky_balboa said:

Coupon-mad said:

In 2019 the consideration period was 10 minutes.

Ok, thanks for that. Where can i find that information for 2019?

Google and you find all the Codes of Practice in one place.