Claim Form for Parking Charge, help!

AffiaAngel

Hi, I’d really appreciate some help and advice. I have a Claim Form dated 28th Oct 22, so I’m looking into the next steps. I remember looking into the PCN charges a while ago and seeing to just ignore it and hopefully they will back off but they didn’t. I suffer from mental health issues and I was sent a LOC but I completely forgot to sort it out as my memory is affected from my PTSD.

I’m looking into all this and wondering if I should just pay instead of going to court? I think my anxiety will hit the roof but I also don’t want them getting away with £263.24 of my money.

The Driver parked at Hartlepool Marina back in March with the intention of only staying for 30mins of their free parking, but not from the area, had a massive panic attack at the coffee shop and spent quite some time calming down with the help of a friend who lives in the area. Of course they didn’t think about the time had run over and to then go pay for parking and once able, left. Unsure if this will even be a valid defence? 

This seems a bit hopeless but I’m hoping someone may have a solution to offer for me? Thanks so much in advance.

Coupon-mad

As with every case, it is a no-brainer to defend ANY claim from any Parking firm, because:

(a) plenty get discontinued;

(b) if it goes to hearing, 99% here win and the boost to your mental health in achieving that is tremendous;

There is no point paying now, given that if you lose you'll pay LESS than the claim (unless you get a rare Judge like DDJ Dack at Portsmouth, who actually thinks that the false added £70 that was never paid, is somehow justified).

KeithP

RobynRayne said:

I have a Claim Form dated 28th Oct 22...

Hello and welcome.

With a Claim Issue Date of 28th October, you have until Wednesday 16th November to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 2nd November, but otherwise 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 Wednesday 30th November 2022 to file your Defence.

That's well over 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'.

AffiaAngel

Coupon-mad said:

As with every case, it is a no-brainer to defend ANY claim from any Parking firm, because:

(a) plenty get discontinued;

(b) if it goes to hearing, 99% here win and the boost to your mental health in achieving that is tremendous;

There is no point paying now, given that if you lose you'll pay LESS than the claim (unless you get a rare Judge like DDJ Dack at Portsmouth, who actually thinks ge false added £70 that was never paid, is somehow justified).

KeithP said:

RobynRayne said:

I have a Claim Form dated 28th Oct 22...

Hello and welcome.

With a Claim Issue Date of 28th October, you have until Wednesday 16th November to file an Acknowledgment of Service. Do not file an Acknowledgment of Service before 2nd November, but otherwise 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 Wednesday 30th November 2022 to file your Defence.

That's well over 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'.

Thank you both! This has given me faith to proceed.

I'm wondering how to write my defence statement, I wrote this on paragraph 3. but unsure if this information is relevant?

"The driver had parked at the Hartlepool Marina site with the intention of redeeming the 30 minutes free parking only. The driver is not from the area and suffers from mental health issues. Only meeting a friend for a quick coffee, an unexpected panic attack from PTSD meant that the driver had gone over the 30 minute free parking. From the traumatic event, the driver spent time calming down and recovering and in so, forgot to pay for parking within this time."

Coupon-mad

Nope, you can't put that.  

You are going to have to go for unclear signage and that the D understood this to be a free car park for patrons of Hartlepool Marina. No prominent signs created any contract whatsoever.

Is this location within the Harbour byelaws map online?

AffiaAngel

Coupon-mad said:

Nope, you can't put that.  

You are going to have to go for unclear signage and that the D understood this to be a free car park for patrons of Hartlepool Marina. No prominent signs created any contract whatsoever.

Is this location within the Harbour byelaws map online?

I don't believe I can put that as the car park did have very clear signage... Even showing on Google Maps. It show's the car park charges and the terms and conditions. Is there anything else I can put as a defence?

Grizebeck

RobynRayne said:

Coupon-mad said:

Nope, you can't put that.  

You are going to have to go for unclear signage and that the D understood this to be a free car park for patrons of Hartlepool Marina. No prominent signs created any contract whatsoever.

Is this location within the Harbour byelaws map online?

I don't believe I can put that as the car park did have very clear signage... Even showing on Google Maps. It show's the car park charges and the terms and conditions. Is there anything else I can put as a defence?

You failed to answer the point about byelaws

paulstevens64

Robyn,

You have been asked to confirm if the area you parked in is within the Harbour Byelaws map. There is a specific reason why you have been asked that quaestion, this may be your "loophole" to guarantee winning your case. I will not compliacte this by explaining how Byelaws help (that will come later). Please just answer the question.

AffiaAngel

RobynRayne said:

Coupon-mad said:

Nope, you can't put that.  

You are going to have to go for unclear signage and that the D understood this to be a free car park for patrons of Hartlepool Marina. No prominent signs created any contract whatsoever.

Is this location within the Harbour byelaws map online?

I don't believe I can put that as the car park did have very clear signage... Even showing on Google Maps. It show's the car park charges and the terms and conditions. Is there anything else I can put as a defence?

You failed to answer the point about byelaws

Sorry, I missed that. I'm not sure, how do I find this? 

AffiaAngel

paulstevens64 said:

Robyn,

You have been asked to confirm if the area you parked in is within the Harbour Byelaws map. There is a specific reason why you have been asked that quaestion, this may be your "loophole" to guarantee winning your case. I will not compliacte this by explaining how Byelaws help (that will come later). Please just answer the question.

Sorry, I easily miss information when reading as I can find it difficult to concerntrate, I do apologise. I'm trying to find this information now

AffiaAngel

Coupon-mad said:

Nope, you can't put that.  

You are going to have to go for unclear signage and that the D understood this to be a free car park for patrons of Hartlepool Marina. No prominent signs created any contract whatsoever.

Is this location within the Harbour byelaws map online?

I have no idea if I've searched the correct website for this but I went onto Associated British Ports website and none of their locations are within Hartlepool. Is this the right way of going about finding the byelaws? Sorry, this is so new to me and I'm not familiar with Hartlepool either...