court claim from the CNBC

Nc2022

My car got a ticket in December however I was abroad when the PCN was posted at home. I missed the POPLA appeal deadline and wrote to them to extend once I returned. I was denied an extension and was advised the penalty was fair however, it was not clear that parking charges applied past 8pm on 24th December. There were no lit parking signs and it was very dark and heavily raining. My car was parked for 21minutes whilst I was inside my car at all times. 

I have driven past this area in daylight and attached the parking signs. It was not clear that parking charges applied 24/7. The letters I have received from secure parking solutions suggest paying £100 asap otherwise they may contact debt collectors. Please can I have advise on this situation. The car park was a p&d apparently. 

KeithP

Nc2022 said:

...it was not clear that parking charges applied past 8pm on 24th December.

It was not clear that parking charges applied 24/7.

           

Nc2022

I saw this in broad daylight. At night this sign wasn’t illuminated 

Coupon-mad

General advice on parking where you can't get a PCN:

I would never choose to use a car park after 8pm when it's free to park on-street and most roadway permit bays are also outside of restricted hours.

Someone sitting in a car couldn't have got a PCN on-street, not even on a double yellow line (honestly) because camera ticketing by Councils  - for parking contraventions - is not allowed, except on school/crossing zigzags & other unsafe places.

I've given the above as advice first, to encourage you to park on-street in future.  You won't get ticketed.  We avoid private car parks like the plague unless shopping at a retail park.


Re the ticket on Xmas Eve:

Why not tell the PPC that you've read the new statutory Code of Practice published by the DLUHC, which puts an end to this sort of predatory ticketing in poorly lit entrapment car park areas, as well as banning the false 'debt recovery' costs they were no doubt planning to slap on top at the first opportunity.

Tell them you expect the charge to be cancelled and that you expressly forbid your data being passed to a debt collector because the charge is disputed.  Tell them you are prepared to try ADR and as they are BPA Members, you suggest POPLA and you are well aware that POPLA codes are not restricted to the first 28 days only.

D_P_Dance

 and was advised the penalty was fair however,

Did they use the word "penalty" in any correspondence?   It is not a penalty, it is  court claim for a breach of contract   You owe them noyhing unless a Judge says so.

Have you read the newbies and complained to your MP?

fisherjim

Unfortunately you have like many others assumed far to much, you assumed charges would not apply past 8pm on 24th December, why? You assumed sitting in your car for 21 minutes was ok apparently why? You assumed this is a penalty ticket why? You've all so wrongly assumed debt collectors are a threat why?

Now is your time to read the newbies thread and get some factual information on how to approach this, but your broad daylight photos don't help your case at all, if you are saying the PPC's signage is rubbish at night you need photos at night.

Nc2022

Hi everyone

Please can I have thoughts on this addition to my defence letter.

#3
On December 24, 2021, the Defendant briefly stopped their vehicle at Stratford Road P&D, 683-695, Stratford Road B114DX, in a non-parking area with the intention of parking. There were no signs indicating that waiting for a parking spot was prohibited; the only signage specified that a charge would apply once a vehicle was parked in a formal spot. Believing that another car was in the process of leaving, the Defendant waited for the space to become available while remaining inside the vehicle at all times, ensuring that the car was not left unattended. After waiting for approximately two minutes without the other vehicle departing, the Defendant’s co-passenger exited the vehicle to attempt payment. However, the parking machine malfunctioned by neither accepting notes nor dispensing change. Consequently, the co-passenger went to a nearby local shop to obtain the necessary change but was delayed by a queue. Due to the extended wait time and concerns about remaining in a crowded area during the COVID-19 pandemic, the co-passenger returned to the Defendant’s vehicle and secured alternative parking. Therefore, the vehicle was never left unattended, and the delay in payment was caused by unforeseen technical issues with the payment machine and the co-passenger’s efforts to resolve the situation promptly while adhering to COVID-19 safety guidelines.

Nc2022

I saw this comment referring back to 2022, that’s correct it was past 8pm but it wasn’t clear it was a private car park. 

“I would never choose to use a car park after 8pm when it's free to park on-street and most roadway permit bays are also outside of restricted hours.”
It was past 8pm and dark. The signs were not illuminated to clearly show it was a carpark. It literally looked like street parking outside shops. I didn’t even park in a proper spot, I was waiting for another car to move so what I thought at the time I was stopped temporarily on the side. It didn’t look like a car park nor an allocated parking spot. 

Gr1pr

Presumably you have a court claim form, so what is the issue date on it. ?  Top right 

If its Secure Parking then was the claim issued by DCB Legal or someone else. ?

Post a redacted picture of the POC on the bottom left of the claim form, after hiding the VRM details and hiding the rest of the form 

Nc2022

Issue date was 24/9/24
secure parking then dcb legal and now a civil national business centre court claim 

Gr1pr

So I assume that you mean DCB Legal, not decal ?

Post the redacted picture too ( no personal or private information. )