[Help] Parking vultures court claim received

GingerBeardOwner

Umkomaas said:

GingerBeardOwner said:

Umkomaas said:

'C' is the Claimant. You are the 'D', Defendant. 

Which parking firm, no need for all the cloak and dagger stuff?  This isn't a MI5 case.

Apologies, thought keeping details out was the done thing, Premier Park.

Only your personal details, those of the driver if different, the VRM of the vehicle and any other data that would identify you.  The name of the PPC helps us to spot potential chinks in their armour you otherwise might not already know of. 

If Premier Park Ltd have explicitly said they were charging you £30 for a keying error, then you should raise a complaint with the BPA via the complaints portal of their website. Complain that PP Ltd were breaching Code of Practice requirements. Quote the relevant paras of the CoP and attach copies of the letters that PP Ltd sent you outlining the charge level. 

If they have the BPA sniffing around just before Christmas, they might just throw their cards in. Don't try, won't know!

I believe I read somewhere that this code of practice only came into force Jan 2020? This ticket dates back to April 2019.

Would the £20 still have applied back then?

KeithP

The BPA has published several versions of their Code of Practice over the years.

Pick the relevant version...
www.britishparking.co.uk/code-of-practice-and-compliance-monitoring

GingerBeardOwner

Umkomaas said:

GingerBeardOwner said:

Umkomaas said:

'C' is the Claimant. You are the 'D', Defendant. 

Which parking firm, no need for all the cloak and dagger stuff?  This isn't a MI5 case.

Apologies, thought keeping details out was the done thing, Premier Park.

Only your personal details, those of the driver if different, the VRM of the vehicle and any other data that would identify you.  The name of the PPC helps us to spot potential chinks in their armour you otherwise might not already know of. 

If Premier Park Ltd have explicitly said they were charging you £30 for a keying error, then you should raise a complaint with the BPA via the complaints portal of their website. Complain that PP Ltd were breaching Code of Practice requirements. Quote the relevant paras of the CoP and attach copies of the letters that PP Ltd sent you outlining the charge level. 

If they have the BPA sniffing around just before Christmas, they might just throw their cards in. Don't try, won't know!

Miss keyed VRN's isnt mentioned in any shape of form prior to January 2020

Coupon-mad

True, but the new statutory Code of Practice that the MHCLG published this year (because the industry is being regulated from 2022, at last!) actually says keying errors are (not in so many words) unfair tickets and should be cancelled outright under the planned Appeals Charter.

So, whilst none of this applied in 2019, it can be cleverly wheedled into a defence to paint a picture that in 2021, knowing the above rule changes from 2020 and 2021, there can be no legitimate interest in a parking operator pursuing a claim for what the Government (and the BPA) see as unfair ticketing. 

In view of the direction of travel of the Code of Practices since 2020, this is not a case that has commercial justification or a cause of action for a defendant to have to answer to at a hearing in 2022, the same year that the Government intends for such tickets to be identified by manual checks (and preferably not issued at all) or cancelled outright if they get through the checks and are appealed.

GingerBeardOwner

Coupon-mad said:

True, but the new statutory Code of Practice that the MHCLG published this year (because the industry is being regulated from 2022, at last!) actually says keying errors are (not in so many words) unfair tickets and should be cancelled outright under the planned Appeals Charter.

So, whilst none of this applied in 2019, it can be cleverly wheedled into a defence to paint a picture that in 2021, knowing the above rule changes from 2020 and 2021, there can be no legitimate interest in a parking operator pursuing a claim for what the Government (and the BPA) see as unfair ticketing. 

In view of the direction of travel of the Code of Practices since 2020, this is not a case that has commercial justification or a cause of action for a defendant to have to answer to at a hearing in 2022, the same year that the Government intends for such tickets to be identified by manual checks (and preferably not issued at all) or cancelled outright if they get through the checks and are appealed.

I hope they come in sooner rather than later. Hopefully you and your keyboard will get a well earned rest.

Coupon-mad

There's been a lot of keyboard use to get things this far, believe me!

Yep, I hope to retire from all this if the DLUHC get it right.

GingerBeardOwner

Attempt at a defence

3.         The Defendant parked his car at Pemberton Street Car Park Nottingham NG1 1GS on 12/04/2019. The defendant did not see any signs detailing the need for a full VRN to be inputted into the ticket machine. The defendant attempted multiple times to input the full VRN (Full VRN) of his vehicle into the ticket machine in good faith. The defendant alleges that machine error prevented him from entering the full VRN (Full VRN). The defendants actions were witnessed by one of his peers who also attempted to enter the full VRN to no avail. The defendant was only able to print a ticket with a partial VRN (PARTIALVRN) and in doing so displayed it in the front window of his vehicle. The defendant paid four pounds for four hours parking. The defendant vacated the carpark before the paid for time period expired. 

4.         The defendant received a PCN some weeks later from the claimant for £100 citing failure to pay for the duration of stay. The defendant highlighted in an appeal via the claimant’s website that he did indeed pay for the duration of his stay and owed the claimant nothing. The claimant offered a discount of the charge to £30. The defendant did not pay the reduced charge, as he believes he owes the claimant nothing. 

5.         The defendant believes there can be no legitimate interest in the claimant pursing a claim for a partial VRN entry, when aware of the recently outlined Code of Practice by the Ministry of Housing, Communities and Local Government in relation to parking tickets of this nature. The defendant therefore believes that this is not a case that has commercial justification or a cause of action for a defendant to have to answer to at a hearing in 2022, the same year the Government intends for such tickets to be identified by manual checks (and preferably not issued at all) or cancelled outright if they get through the checks and are appealed.

@coupon-mad sorry for stealing most of your post for part 5.

@all, please tear it to pieces, I work in the waste water sector, I don't deal well with legal speak etc.

Thanks to all in advance. 

Coupon-mad

Looks good to me.  

GingerBeardOwner

Coupon-mad said:

Looks good to me.  

Oh, excellent! i thought this would be far more painful than that.

I shall sit on it for a few days (probably email it midweek) mainly to ensure its out of our hair for the main week of Christmas holidays. 

And on the off chance anyone has any other input/

I shall sort the master defence now, changing all subsequent numbers and filling in all of my details etc. 

Thanks @Coupon-mad for your help. 

GingerBeardOwner

Marry christmas all.

I haven't had an auto repose or any repose for that matter to my defense that i submitted on 22nd of Dec. I understand its the holidays. Is no auto response normal? Is it worth me sending again mentioning that its a duplicate submission as i've heard nothing back?

Thanks all.