Bankpark Machine Faulty - PCN Issued

smk626

I've drafted these points. Next point (5) continues as "Claimant will concede that no financial loss has arisen and that in order to impose an inflated parking charge...".
Any input?

3. Upon inquiry from DCB Legal about my parking history and Bank Park’s machine faults, Defendant received a generic set of documents detailing car park photos and signage. One such document is “Oxford Road Signage.pdf” attached, where the very first photograph contains a picture of parking site’s entry with a “Private Land” and a “Parking (P)” sign. This photo is dated 31 March, 2021. However, Defendant has obtained a more recent photo of the same spot, taken on 23 May, 2023, in which this parking sign is clearly missing. It is clear that Claimant is not responsibly maintaining signage on this site, and relies on signage from years ago. This particular sign is still missing from the spot as of December 19, 2023. Defendant appeals that given this discrepancy the validity of PCN and threatening letters from their legal representative should be noted.

 

4. The Defendant maintains that during the course of parking at the site managed by Claimant the only parking machine, which is used to print a parking session receipt, was faulty for either a brief or prolonged period. At some point after entering the car park the Defendant attempted to enter car registration, but was not able to print a receipt. The terms and conditions stated in small print beside the machine do not clearly state as to what a driver must do if machine at this parking is faulty, i.e. must not park in that case, or continue to use their own judgement.
The Defendant will submit photos and a video of how this machine’s faults occur frequently, bearing in mind these photos/video do not cover all possible faults.

 

5. Further to (4) above, this car park offers a 30 minutes’ free parking session to all drivers. The Claimant maintains that a free parking session must be claimed through parking machine. It will be a different matter if 30 minutes were to be a paid parking session, where a financial loss would be incurred by Claimant in case it was not paid for.
Keeping that in mind the Defendant had offered to pay between £5 and £10 to Claimant from very early on, to cover Claimant’s costs of sending PCN to Defendant. This payment was offered as a good will only, because Defendant had parked the car for twenty two minutes, thus not exceeding the free parking session period of thirty minutes allowed at the site, and because Defendant has been consistent in pointing out the unfairness of the actual PCN.
Claimant had refused this offer from Defendant.

 

6. Defendant had received the initial PCN with a claim of £100, and discounted to £60 if paid within two weeks. This PCN was issued on September 01, 2022. The original amount of £100 was then inflated to £160 by Claimant’s legal representative DCB Legal Ltd on December 01, 2022. All postal correspondence from Claimant and DCB Legal Ltd is presented for your consideration. Defendant contests the fairness of this charge per se, as explained in below paragraphs 9-22 under Exaggerated Claim section.

smk626

So with more or less the same wording I have submitted the N9B, defence doc and available evidence.
There was an "AUTO RESPONSE DO NOT REPLY - CCBC AQ Acknowledgment" email sent.

I guess the next step is to wait for DQ from CCBC?
I did call the court to ask how much to pay for counter claim, but their line keeps me waiting all the time.

KeithP

smk626 said:

I guess the next step is to wait for DQ from CCBC?

No need to guess.  

That checklist you were following when you filed a Defence tells you that.

smk626

OK boss!

You've done the leg work for people to benefit, of course.

Is it ok to leave the defence wording up in thread?

Coupon-mad

Yes please do.  "Failure to claim free parking session" is a joke, clearly an unenforceable penalty.  No Judge will think this is a fair contract or a breach.

Wait - you sent the N9B form, why?

And evidence...why?

None of this is what the NEWBIES thread tells you to do.  Evidence doesn't go now.

Please tell us you DIDN'T write anything in the defence box on that N9B piece of paper?

smk626

i wrote references to the defence document and defence evidence in N9B form.

It was what AoS contained as the next step to do, to fill in N9B form for defence and counter claim.

Coupon-mad

smk626 said:

i wrote references to the defence document and defence evidence in N9B form.

It was what AoS contained as the next step to do, to fill in N9B form for defence and counter claim.

Oh no.

Oh dear. I am sorry this could be disastrous. This isn't what we advised.  The NEWBIES thread makes it clear not to use the forms.

What did you write in the Defence box on that form?