Virgin Active - Twickenham Stadium - Parking Charge Notice - Total Parking Solutions - BW Legal

ChickiLaLa

Good afternoon and Happy New Year.

I'm hoping to get some advice on this forum relating to a PCN issued to me as the Registered Keeper. The PCN was issued by PPC on Dec2019 for allegedly overstaying in a free car park at the front of the Virgin Active gym on grounds owned by the RFU at Twickenham Stadium.

As members of VA since 2015, there have never been any time restrictions for parking in those spots which are also used by patrons of the Marriott Hotel next door. However, in November 2019 this changed when PPC took over and introduced restrictions of 20 minutes parking (only discovered once the PCN arrived in Dec2019).

As it's been so long since the alleged contravention, we're unable to confirm the driver at the time as several other members of the family and some friends also have had access to the vehicle at the time. We have twice tried "to remain in honour of the court" by offering to provide them with the details of the possible drivers ONLY if they paid me an administration fee of £10 which they have not accepted.

We can provide a chronology of all communications received/sent (mainly received) over the last two years on this thread if this will help answer any questions ….

There is a deadline coming up on Mon10Jan2022 by which time we have to file my defence on MCOL (AOS was submitted Mon27Dec2021)

Our defence arguments are intended to be along the following lines:

• We believe initial request for £100 (discounted to £60 for the first 14 days) is disproportionate and excessive.
• The car park is an area with 5 FREE parking spaces - by overstaying by 11 minutes, how are the PPC able to quantify any financial loss that they allege has been incurred - it's not like a normal car park where there can be a queue of traffic waiting for a space to become vacant.
• We also understand that if the allegation involves an alleged overstay of minutes, their evidence must include the actual grace period agreed by the landowner.

Any guidance would be greatly appreciated … Best Regards …

Le_Kirk

I am afraid that trying to claim excessive and disproportionate charges will not work nor will claiming the car park suffered no financial loss!  How about signage, membership of gym, changes to conditions without informing drivers?

go-on-then

Please read the '  Newbies '  to give you help and advice and an idea of all the stages that you will now have to follow.

Coupon-mad

What's the issue date of the Claim form?

ChickiLaLa

Issue date of claim form is 07Dec2021 (received by me on 13Dec2021)

Coupon-mad

OK, and you said this, so I think your deadline is right:

There is a deadline coming up on Mon10Jan2022 by which time I have to file my defence on MCOL (AOS was submitted Mon27Dec2021)

Le_Kirk

Coupon-mad said:

OK, and you said this, so I think your deadline is right:

There is a deadline coming up on Mon10Jan2022 by which time I have to file my defence on MCOL (AOS was submitted Mon27Dec2021)

BUT you do not file your defence on MCOL, you send it by e-mail to the address in the defence template.

ChickiLaLa

Le_Kirk said:

I am afraid that trying to claim excessive and disproportionate charges will not work nor will claiming the car park suffered no financial loss!  How about signage, membership of gym, changes to conditions without informing drivers?

Le_Kirk, I have some images of the signage at the time which I will add links to (once I work out how to do it) and I don't recall there being any communication from VA regarding the pending changes regarding parking. Could you clarify what you mean by gym membership please.

Le_Kirk

ChickiLaLa said:

Le_Kirk said:

I am afraid that trying to claim excessive and disproportionate charges will not work nor will claiming the car park suffered no financial loss!  How about signage, membership of gym, changes to conditions without informing drivers?

Le_Kirk, I have some images of the signage at the time which I will add links to (once I work out how to do it) and I don't recall there being any communication from VA regarding the pending changes regarding parking. Could you clarify what you mean by gym membership please.

You said that you parked in front of the gym; I assumed you were a member!

ChickiLaLa

Le_Kirk said:

ChickiLaLa said:

Le_Kirk said:

I am afraid that trying to claim excessive and disproportionate charges will not work nor will claiming the car park suffered no financial loss!  How about signage, membership of gym, changes to conditions without informing drivers?

Le_Kirk, I have some images of the signage at the time which I will add links to (once I work out how to do it) and I don't recall there being any communication from VA regarding the pending changes regarding parking. Could you clarify what you mean by gym membership please.

You said that you parked in front of the gym; I assumed you were a member!

That's correct ... we were and still are members of the gym

Le_Kirk

Therefore did you, by reason of being gym members, have authority to park in their car park?  If that is true, the PPC has no case.