Defence Help Gladstone Court Claim

KickingNinja12

Good Afternoon,

Looking for some help and advice in defending a court claim please.

I parked in a car park that had always been free on a Sunday, for 24 minutes.

I ignored the original PCN when it was issued and all subsequent reminders.

I didn't come here for help until I received the court claim form.

I have submitted the acknowledgement of service and my defence is due in 9 days.

Having read numerous threads I'm still struggling with what to write in paragraph 4.  The examples in the newbies thread refer to residential PCN's unless I'm really being thick, I'm struggling to find a defence for just not paying any attention to new signage?

Any help would be much appreciated.

Thank You

Coupon-mad

New terms require extra, conspicuous signage under the BPA and IPC Codes.  Your point 3 is that there was insufficient (or no) additional signage to make the change in terms clear and obvious.

Which PPC is named as the Claimant?

Did you appeal to them earlier, or wrongly ignored, or never had the PCN letters?

What's the Date of Issue, top right of Claim form?

What date does MCOL say your AOS went in?

KickingNinja12

Coupon-mad said:

New terms require extra, conspicuous signage under the BPA and IPC Codes.  Your point 3 is that there was insufficient (or no) additional signage to make the change in terms clear and obvious.

Which PPC is named as the Claimant?

Did you appeal to them earlier, or wrongly ignored, or never had the PCN letters?

What's the Date of Issue, top right of Claim form?

What date does MCOL say your AOS went in?

Sorry, missed the notification for this reply.

Firstly, thank you.

Parkit Management Company is the PPC
I havent contacted them at all to appeal. - I did have letters and just ignored them. 

Issue Date is 13/10

MCOL says submitted 27th received 28th, so think I have until Thursday to get this appeal in.

I don't think I have a leg to stand on, google maps shows pretty good and clear signage on the entrance.

KeithP

KickingNinja12 said:

Coupon-mad said:

New terms require extra, conspicuous signage under the BPA and IPC Codes.  Your point 3 is that there was insufficient (or no) additional signage to make the change in terms clear and obvious.

Which PPC is named as the Claimant?

Did you appeal to them earlier, or wrongly ignored, or never had the PCN letters?

What's the Date of Issue, top right of Claim form?

What date does MCOL say your AOS went in?

Issue Date is 13/10

MCOL says submitted 27th received 28th, so think I have until Thursday to get this appeal in.

You have more time than you think.

With a Claim Issue Date of 13th October, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 15th November 2022 to file your Defence.

That's over a week 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 at the second post in the NEWBIES thread.

Don't miss the deadline 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'.

Trainerman

I don't think I have a leg to stand on, google maps shows pretty good and clear signage on the entrance

Hold on a moment. As coupon-mad said, if there is a significant change in terms, the PPC is supposed to put up extra signs to draw the attention of regular users to such changes. and that is a requirement under both CoP.
So, do you really think that tou did not see new prominent signs by the entrance? Is it more likely that they were not there to be seen, and you were trapped by the PPC not following their own CoP ?

Coupon-mad

This lot?  An IPC member that I've never heard of:

http://parkitmanagement.co.uk/

I don't think I have a leg to stand on

100% wrong, thank Goodness.  You need to read the forum more...we win 99% of defended cases and we know what we are doing.

KickingNinja12

Thanks all. I'll keep reading. 

The issue is I very rarely drive to town and when I say it used to be free....judging by the Google images pictures it changed in 2018 😪

So based on this would adequate signage to show the change still apply

Or shall I go down the route of the added extra £50 for no reason. 

Thanks again. All so very helpful

Trainerman

Look from a different perspective then. Look again at Google for the time of the alleged contravention, and can you  see  adequate entrance signs and so on ?

KickingNinja12

So please could someone help me word this, or link to some examples of the same issue? 

Thanks

KickingNinja12

The facts as known to the Defendant:

2. It is admitted that the Defendant was the registered keeper and driver of the vehicle in question.

3. The defendant entered the car park under the impression it was a still a free to park space. There was insufficient additional signage to make the change in terms clear and obvious.

The defendant exited/and re-entered the car park via the side entrance where there were no visible meters or signs.

IS this enough?

Thanks again for the support 

Grizebeck

Coupon-mad said:

This lot?  An IPC member that I've never heard of:

http://parkitmanagement.co.uk/

I don't think I have a leg to stand on

100% wrong, thank Goodness.  You need to read the forum more...we win 99% of defended cases and we know what we are doing.

These lot are a little different from a lot of ppcs as in a lot of cases they are PAID by the Landowner to deal with issues