PCN CC Claim from Gladstones & UKPCN in Atlip centre Wembley

jean232

@KeithP sorry I must have missed your comments last time. 

you're right there were signs around the car park as per the street view map you had shared but to your point these don't explicitly state what drivers who are not visiting the Atlip centre should do. 
I have looked back at the signs from 2019 and compared these to current, the big difference is that they have now added an additional new sign at the entrance of the car park bays to state that the car park is for the visitors of the Atlip centre only:

2019 view:




2021 view: 


the sign near the red car reads:


could I please check if you meant that I use the below defence template as is but only change the #2 and #3?  https://forums.moneysavingexpert.com/discussion/6108153/suggested-template-defence-to-adapt-for-all-parking-charge-cases-where-they-add-false-admin-costs/p1

for the 2nd and 3rd paragraphs, do you think I should make any changes to what I included in paragraphs 2,3 and 4? 

thanks again everyone for your help.

Coupon-mad

Can you repeat in a new reply your draft additions to the template defence as we are now on page 2?

jean232

yes sure, this is what I've added to the template, some of which I have taken from another defence claim:

2.  The Particulars of Claim provide insufficient detail for the Defendant to be able to ascertain the nature of the case as pleaded. The Defendant has no knowledge of any parking charge notice and no letters were received, thus a Notice to Keeper ('NTK') as set out in Schedule 4 of the Protection of Freedoms Act 2012 ('the POFA') was not properly served. The defendant also denies receiving a pre-action Letter before Claim, contrary to the pre-action protocol for debt claims - The Defendant has no information, paperwork or photographs and has had to work out the car park location from the Particulars of Claim where the location and date are stipulated. The Defendant sets out this Defence as best they can, in the circumstances.

 

3.  The parking is located at the entrance of a block of flats where the Defendant was viewing a property for sale. There is no other route to the block of flats aside from entering the Atlip Centre car park. There is no signage at the turn from the main road to the car park and the sign is located few yards past the ANPR entrance camera. The vehicle registration would have been stored prior to giving consent through seeing and/or reading the signage.   

4. The signage at the car park of the Atlip Centre, Ealing road, HA0 4LW is misleading and the terms and conditions did not state the parking is "only" for visitors to the Atlip centre. Upon revisiting the parking site recently, the main signage that includes the terms and conditions still does not stipulate that the parking is only for the Atlip centre visitors but there are signs near few parking bays now stating that the parking is for Atlip centre visitors only. The Defendant denies these signs were present on the 17/06/2019 when using the car park.

5. It is denied that the claimant's signage set out the terms in a sufficiently clear manner which would be capable of binding any reasonable person reading them, even if they were seen. They merely state that the customers of the Atlip centre must log their vehicle registration into the permit system inside but do not specify that the parking spaces are for the Atlip centre customers only. The Defendant denies entering into a “contract” with xxxx as the terms only apply to the Atlip centre visitors and not the visitors of the block of flats.

Coupon-mad

That's great.

Make sure you use the current version of the template defence, which I edited a few days ago.

1505grandad

"My wife and I received a CC notice on the 5th of May 2022........."

Just checking  -  in whose name is the Claim against?

Le_Kirk

When you find the template to which @Coupon-mad refers, check what it states about signage as you do not want to contradict it or duplicate it.

jean232

That is perfect, just found the new template that was updated on the 29th of May, will check it out tonight. 

@1505grandad the claim is in my wife's name but if I remember right I was driving on that day, she is the registered keeper though which is why the claim is in her name. She is aware of this forum, the defence we've written and the need to go to court if we get to that stage. 

jean232

Can I just check if we should have received any communication after we have sent across our AoS on the 17th of May? just worried we would have missed any further communications considering we haven't received anything from Gladstones prior to the CC notice. 

1505grandad

"....... the claim is in my wife's name...."

From the posts you have made you have always referred to "I"  -  hopefully the actual paperwork has been completed in the Defendant's (your wife) name because i.e.:-

"I have not as yet acknowledged receiving the claim through moneyclaim.gov.uk (only logged in to it once)."

KeithP

jean232 said:

Can I just check if we should have received any communication after we have sent across our AoS on the 17th of May? just worried we would have missed any further communications considering we haven't received anything from Gladstones prior to the CC notice. 

Your wife will receive nothing further from the Court until after a Defence has been filed (unless of course she fails to file a Defence in time and a Default Judgment is awarded to the Claimant).

Remember I wrote some weeks ago...

...you have until 4pm on Tuesday 7th June 2022 to file your Defence.