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County Court claim - unallocated parking
ManaPotion
Posts: 28 Forumite
in Motoring
Hi all, i've read through the newbies thread as well as a lot of other posts since I received this speculative invoice back in 2019.
Summary
Claimant - SIP Parking Limited
Claim - Unallocated parking as I parked in a numbered bay which was not included on the pay meter
We arrived at the carpark as we were staying at an airbnb around 5pm in October. It was a rainy day and very grey which made visibility poor.
There were no signs on the entry to the car park which was accessed by numberpad.
As we parked we did check the parking meter which had numbers for bays where "pay and display was available" but because there were small yellow signs which looked like warnings dotted around the car park it made me unsure which bays were actually okay to park in.
I paid using the pay by phone app which made no mention of having to park in certain bays.
The ticket machine itself had no terms/conditions on it which I believe was a requirement for a contract to be established? We later realised that the small yellow signs dotted around were the ones that showed the terms/conditions.
I followed the newbie thread and followed most of the points but there are a few things which I never did.
I didn't complain to my MP and didn't know who to contact as landowner to try and get the charge cancelled.
I also haven't made an SAR to them because when the LBC came through I misremembered and thought that I just needed to wait for the actual small claims form to come through.
In between the LBC and the court claim, I have changed address. I had set up mail forwarding so I got all correspondence anyway and I updated my address when completing the AOS. Should I still make the SAR now and update my address with SIP?
The issue date for the claim was Dec 9th and I completed the AOS on the 21st Dec so I believe I have until 4pm tomorrow to send my witness defence to the court email?
I will comment again when I have completed the standard defence template but in the meantime I would appreciate any advice on how I should arrange my points if anyone is willing?
Summary
Claimant - SIP Parking Limited
Claim - Unallocated parking as I parked in a numbered bay which was not included on the pay meter
We arrived at the carpark as we were staying at an airbnb around 5pm in October. It was a rainy day and very grey which made visibility poor.
There were no signs on the entry to the car park which was accessed by numberpad.
As we parked we did check the parking meter which had numbers for bays where "pay and display was available" but because there were small yellow signs which looked like warnings dotted around the car park it made me unsure which bays were actually okay to park in.
I paid using the pay by phone app which made no mention of having to park in certain bays.
The ticket machine itself had no terms/conditions on it which I believe was a requirement for a contract to be established? We later realised that the small yellow signs dotted around were the ones that showed the terms/conditions.
I followed the newbie thread and followed most of the points but there are a few things which I never did.
I didn't complain to my MP and didn't know who to contact as landowner to try and get the charge cancelled.
I also haven't made an SAR to them because when the LBC came through I misremembered and thought that I just needed to wait for the actual small claims form to come through.
In between the LBC and the court claim, I have changed address. I had set up mail forwarding so I got all correspondence anyway and I updated my address when completing the AOS. Should I still make the SAR now and update my address with SIP?
The issue date for the claim was Dec 9th and I completed the AOS on the 21st Dec so I believe I have until 4pm tomorrow to send my witness defence to the court email?
I will comment again when I have completed the standard defence template but in the meantime I would appreciate any advice on how I should arrange my points if anyone is willing?
0
Comments
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I just realised that I posted this in the motoring section rather than the parking fines section. I can't see anywhere to delete it though so if a mod could delete it that would be great as I have reposted in the correct forum section.0
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