Wrong location- euro car parks

gaskella

Hello, appreciate any help on this. I've spent some time trying to find the correct advice for my situation but I am still very confused.....anyway. 
I parked in a car park on 8th Jan 2022 and used the paybyphone app as advised to. My phone GPS selected wrong car park and i assumed all correct( Unkown to me, two car parks next to each other are separately owned). I received email confirmation from the app and carried on with my plans taking kids to swim lesson. Today 17.2.22 I have received a PCN final notification letter from Euro Car Parks. First time I have heard on the matter. Basically what are my options? Reading on some similar scenarios, the parking companies are not favourable to honest mistakes and sympathetic. Also I'm shocked the letter is my first but also final notification. Sorry for long winded story. Help please 🙏 
Thanks, Adam.

Le_Kirk

Have you tried a compliant to the landowner or retail outlet that the car park was connected to?  If not you should, then try an appeal to the PPC.  If you have not received an original PCN/NTK then submit a SAR to the DPO of the PPC asking for all your data pertaining to this event, which should pop out the original PCN.  The usual reason for not receiving a letter is that your address on your V5C is not up-to-date.  Is it possible that you had a windscreen ticket and didn't see it or someone took it off?  If complaints All acronyms are in the NEWBIE sticky fifth post.

gaskella

Thanks for your reply. To be honest as I only received the letter a few hours ago, I've not taken any action as such, only research and this post. I think it was a camera operated car park. I was only gone just about an hour and there was no ticket on windscreen. V5 is all correct information too. 
Also it was not attached to a retail park. 

Le_Kirk

What sort of car park(s) are they?  Is either of them attached to the swimming pool?

gaskella

I don't think it's associated with any business etc. I'm not too familiar with area.
I parked in a car park called, Rodney Steet car park in Wigan and that is where fine is issued..... but accidentally using paybyphone, selected for Harrogate Street car park. 
If you look on Google maps, they are on opposite sides of the street. 
Thanks 

Le_Kirk

I would appeal using the standard blue text appeal to be found in the NEWBIE sticky but add a one-liner (without identifying the driver) that their parking app failed by identifying the wrong car park.  This might come under the minor keying error and they will send you a £20 charge for admin.

gaskella

I had hoped this would/had disappeared, but Ive received a N1SDT form Issue date 30 JULY 2024. The **newbies!! thread leaves me confused and lost. I don't always understand some of the abbreviations and terms used. 
I really dont want to pay the total amount of £291.20 but im worried about where this will end up.

I would really really appreciate a little help with starting things off. Do I send something to acknowledge I have received the claim form? 
  

KeithP

I'll answer your question directly... of course you do.

With a Claim Issue Date of 30th July, you have until Monday 19th August to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 2nd September 2024 to file a Defence.

That's almost four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

gaskella

Thank you Keith, I will get started on that ASAP. 

Fruitcake

With regards to the abbreviations and terms used, the most common ones used on this forum are listed in the fifth post of the sticky Announcement for NEWBIES. I suggest you print them off or write them out for reference.

gaskella

Hi, I have to submit my defence by 4pm today. I had started the process a little while ago and have kept putting it off (i know, stupid but im a head in the sand kind of guy) I find all the threads sooo overwhelming.  
This is where i am up to. Any guidance is massively appreciated.  

DEFENCE 

 

1.  The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.  It is denied that any conduct by the driver was in breach of any term.  Further, it is denied that this Claimant (understood to have a bare licence as agents) has standing to sue or form contracts in their own name. Liability is denied, whether or not the Claimant is claiming 'keeper liability', which is unclear from the boilerplate text in the Particulars of Claim ('the POC'). 

 

The facts known to the Defendant: 

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper and driver. 

Driver was using the car park at Rodney Street for the first time to take children to a first swimming lesson at facility close by. Upon parking in a correct bay, driver noticed the option to pay by mobile phone app was available. It had started to rain quite heavily and from the seat of the car, the driver could not quite make out the location number on the sign but trusted the mobile GPS to locate the car park via the app. Driver was issued a ticket for a neighbouring car park by and left unaware of their mistake, only until when investigating as to why they had received any notice of this issue by way of a  PCN final warning letter.