County Court claim - unallocated parking

Coupon-mad

3.  Upon arrival at the Albion Works Pollard Street the defendant noted that there were no parking instructions at the entrance to the car park. Visibility was poor as the weather was rainy and overcast.

4.   The defendant parked in what they considered to be a correct bay and between the marked lines as required by the main yellow sign inside the site. There was no information about how to obtain a permit, so to be safe, parking was paid for in full, using the location code that was one of the few pieces of information that was in clear lettering.  When paying through the paybyphone app, there was no mention of certain bays at this location being available or unavailable for parking

5.   The signs and bay markings caused confusion because there was tape covering half the bay numbers listed on the main yellow sign.  There were some other smaller some yellow signs which resembled warnings were situated in random places throughout the car park and there was no indication on the bays themselves of whether it was an allocated bay for pay and display.  If there were any bay numbers they were completely illegible and the Defendant saw nothing unusual about the bay chosen.

6.  The claimant has provided a picture of a yellow sign which may or may not match what was there on the material date. However, these being the terms the claimant relies upon, the defendant accordingly avers that no terms, as drafted, were breached.   In fact, the first term states (without caveat) that 'parking is permitted for' cars displaying a valid pay and display ticket.

I suggest the above.

Then renumber the rest and change the current point #7 where it talks about 'point 5 above' to the correct paragraph number that the template's para 7 (about Somerfield) becomes.

You didn't breach the terms on the contractual sign.

ManaPotion

Coupon-mad said:

5.   The signs and bay markings caused confusion because there was tape covering half the bay numbers listed on the main yellow sign.  There were some other smaller some yellow signs which resembled warnings were situated in random places throughout the car park and there was no indication on the bays themselves of whether it was an allocated bay for pay and display.  If there were any bay numbers they were completely illegible and the Defendant saw nothing unusual about the bay chosen.

6.  The claimant has provided a picture of a yellow sign which may or may not match what was there on the material date. However, these being the terms the claimant relies upon, the defendant accordingly avers that no terms, as drafted, were breached.   In fact, the first term states (without caveat) that 'parking is permitted for' cars displaying a valid pay and display ticket.

Thank you for clearing up the points. I'll certainly add this in. After completing the other details (signing and printing to pdf) would you say that this is ready to submit?

I just have a couple of questions. This is another picture that they attached which I wasn't initially sure whether I should post in case it's too easy to identify me. If it is please tell me so I can remove it.



Those are the numbers on the bays. They were only on the road, not on walls which are visible from the drivers seat. Do you think I can still make the point that the bay numbers were illegible? They're certainly faded and not in a position which is easy to see from the drivers seat when already in the car park...

The claimant didn't provide the picture of the yellow sign. That one was taken by someone else who also had a PCN from Albion Works at a similar time to myself and I know that it is representative of when I got this PCN. Should I delete that point entirely or amend it to mention the sign without saying that the claimant provided it?

Coupon-mad

If you delete my point entirely you'll have removed the most obvious winning point.

Change my wording to state that the Defendant obtained a photograph of the main yellow contractual sign from another defendant...blah blah

Redx

As above , then save any further explanations and evidence for the witness statement plus exhibits stage in several months time

ManaPotion

Defence submitted earlier and confirmation received (MCOL has been updated).

I sent the SAR and address update request through by email to SIP and received this in response:

Thank you for your email, we have received your email and will be back in touch with you as soon as possible.

PLEASE NOTE: any email related to Parking Charge Notices (PCN's) will not be responded too.

Any correspondence related to a PCN can be served via [link to SIP site] or by writing to SIP Parking Limited, PO BOX 5450, Manchester, M61 0JX.

It may take up to 10 working days to reply, should we expect it to take longer we will let you know.

I'll send it through to the address as listed there obviously but how ridiculous that they can refuse to reply to an address update request sent by email...

Le_Kirk

Did you use: -
dataprotection@sipcarparks.co.uk for change of address and SAR? 
If you did and they give you the run-around report them to the ICO.

Redx

They will respond to a data request on the DPO email address

They are saying that it cannot be used for PCN queries , only data , your data

Coupon-mad

Yep they are not refusing to do anything. Clearly that's an auto-receipt response.

ManaPotion

Le_Kirk said:

Did you use: -
dataprotection@sipcarparks.co.uk for change of address and SAR? 
If you did and they give you the run-around report them to the ICO.

I hadn't, but thank you for telling me that email address, didn't see that one on their website. 

Resent the email from yesterday to the data protection email now so hopefully will hear back from them!

Thank you for all the help so far, very much appreciated!

Redx

ManaPotion said:

Le_Kirk said:

Did you use: -
dataprotection@sipcarparks.co.uk for change of address and SAR? 
If you did and they give you the run-around report them to the ICO.

I hadn't, but thank you for telling me that email address, didn't see that one on their website. 

Resent the email from yesterday to the data protection email now so hopefully will hear back from them!

Thank you for all the help so far, very much appreciated!

It's on their privacy page on their website , same as with all companies , who must provide data protection information , including contact information

Google sip Parking privacy