unpaid PCN, court hearing letter - case CLOSED

Millieollie

Hi, does anyone have an experience of Gordon & Noble in Glasgow, Scotland. Debt recovery for unpaid parking tickets. They issued a letter referring to a Simple Procedure Decision Form issued by Hamilton Court ECP v You for repayment. I was previously advised to ignore these. 

Jenni_D

Please start your own new thread for advice - posting here will just confuse things.

kokolino23

Hello,

One last question before I'll submit my defence, please.

POFA says:

The notice must
(a)specify the vehicle, the relevant land on which it was parked and the period of parking to which the notice relates;
(b)inform the driver of the requirement to pay parking charges in respect of the specified period of parking and describe those charges, etc

The PCN issue time was 12:32:08 (no pictures included)

time first seen BLANK

The pics with the vehicle provided following my SAR

1st picture (PCN on windscreen) 12:32:56 2nd 12:33:01 3rd 12:33:19 4th 12:33:30

5th with the parking sign 12:33:40

There is NO PERIOD of parking specified on the PCN or NTK.

The paragraph covering this in my Defence:

The Defendant believes that the PCN was issued without allowing the driver a reasonable time to read the contract the onsite signage. The timings on the Claimant's photographic evidence of the vehicle were taken from 12:32:56 to 12:33:40 which is less than 1 minute.  The PCN was therefore issued without allowing the driver any grace period to agree to any terms or conditions, which is a serious breach of the BPA Code of Practice.

@Redx @coupon-mad

Should I leave it like this or get into the details regarding the parking period?

BPA code of practice says

The driver must have the chance to consider the Terms and Conditions before entering into the ‘parking contract’ with you. If, having had that opportunity, the driver decides not to park but chooses to leave the car park, you must provide them with a reasonable consideration period to leave, before the driver can be bound by your parking contract.The amount of time in these instances will vary dependant on site size and type but it must be a minimum of 5 minutes.

Thanks

Coupon-mad

Leave it just as you have it.

kokolino23

Hello,
An update on this. 
Their solicitors sent me a letter directly saying that their client would like to proceed further with the court claim. They also asked me if I'm willing to agree a settlement, I didn't bother to reply.
While I was away for 2 weeks, I've had a letter "Notice of Proposed Allocation to the Small Claim Track" along with Form N180, asking if I agree for this case to be referred to the Small Claims Mediation Service. If I don't comply with this notice, the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.
I must complete the Small Claim Directions Questionnaire and file it with the court by 10th of March.
I will say no to this, do I have to send it back by post or can be done online as well?
@Redx @Coupon-mad
Thank you

KeithP

kokolino23 said:

While I was away for 2 weeks, I've had a letter "Notice of Proposed Allocation to the Small Claim Track" along with Form N180, asking if I agree for this case to be referred to the Small Claims Mediation Service. If I don't comply with this notice, the court will make such order as appears to be appropriate. This could include striking out the claim or entering judgement.
I must complete the Small Claim Directions Questionnaire and file it with the court by 10th of March.
I will say no to this, do I have to send it back by post or can be done online as well?

Go back to that list you were following when you filed your Defence.

Items 6, 7, 8, 9 and 10 are well worth reading once more.

Here they are again...

kokolino23

@KeithP, thanks for pointing this out and apologies for missing it in the first place.

kokolino23

@KeithP      

Hi Keith,

I can't find that link with the items 6, 7, 8, 9 and 10 - can you provide me the link, please?

I've followed this

https://forums.moneysavingexpert.com/discussion/4816822/newbies-private-parking-ticket-old-or-new-read-these-faqs-first-thankyou#latest

and this

https://forums.moneysavingexpert.com/discussion/5546325/court-claim-procedure-updated-october-2016/p1

and I've got the form ready to go.

It's not clear where I have to send it though.

CCBCAQ@Justice.gov.uk or moneyclaims@justice.gov.uk

Can I email it to the Claimant or their Solicitors? Not sure how can I find out their email addres ?!

Thanks a lot

KeithP

kokolino23 said:

I've got the form ready to go.

It's not clear where I have to send it though.

CCBCAQ@Justice.gov.uk or moneyclaims@justice.gov.uk

Really? I posted that information on your thread yesterday.

Please re-read points 9 and 10 in that extract from the list you were following in my post yesterday on your thread.

If you want to re-read the full list it is in the opening post on the Defence Template thread.

kokolino23

@KeithP I found it, thank you!