Parking charge - I didn't pay at the machine and didn't to pay online within 24 hours

Coupon-mad

Pay what online tonight?

You don't need to check. My advice was a call to the CCBC in the morning to clarify 3 things.

nellie555sharks

Ok thanks I saw on the gov.uk website to find out the details of a can you have to pay a small fee. But I will call ccbc instead I didn’t realise I could do that instead. Thank you I’ll call tomorrow 

Coupon-mad

Only once you've noted the 3 things, though!  Please don't come back to us without having been emailed the Particulars of Claim...

nellie555sharks

Coupon-mad said:

Only once you've noted the 3 things, though!  Please don't come back to us without having been emailed the Particulars of Claim...

I understand and will get what you have detailed thank you.

I will call today in between travelling. My only concern is if they will release the details to me as it’s in my husbands name.

nellie555sharks

@Coupon-mad

So I now have details and it’s not related to what I thought it was. It’s about a parking fine back in 2018 when my husband was collecting my mother from the train station and went into the entrance to carry her suitcase down the stairs due to a medical condition.

I fought the ticket by appeal them sent off to the BPA I believe and copied the complaint and breach of rules they had violated(the main being they have to wait 10 minutes) and didn’t hear anything AT ALL since then. 

The previous address has confirmed no post at all since October in his name so this is a big screw up their side. 

POC: THE CLAIMANTS CLAIM IS FOR AN OUTSTANDING    PARKING CHARGE ISSUED TO VEHICLE EY16VLD WHENPARKED AT STEVENAGE LEISURE PARK SIX HILLS   WAY STEVENAGE SG1 2UA. THE SITE IS MANAGED BYTHE CLAIMANT. VEHICLES PARKING AT THE SITE   ARE SUBJECT TO THE PARKING RESTRICTIONS AND  TERMS AND CONDITIONS WHICH ARE SET OUT ON    SIGNS AT THE SITE WHICH FORM PART OF A       CONTRACT BETWEEN THE DRIVER OF THE VEHICLE   AND THE CLAIMANT THE CONTRACT. ON 07 11 2018,THE VEHICLE WAS PARKED AT THE SITE IN BREACH OF THE CONTRACT, THE CONTRAVENTION BEING     VEHICLE OWNER DRIVER LEFT SITE.. THE         DEFENDANT WAS THE DRIVER OF THE VEHICLE AT   THE DATE AND TIME OF THE CONTRAVENTION. BY   ACTING IN BREACH OF THE CONTRACT, THE        DEFENDANT IS LIABLE FOR DAMAGES AS SET OUT INTHE CONTRACT, BEING THE SUM OF £160.00 PLUS  ADDITIONAL CONTRACTUAL CHARGES INCURRED BY   THE CLAIMANT AS A RESULT OF THE DEFENDANTS   BREACH.          

It’s with ukpc and the Sols QDR Ltd.

wow I’m utterly shocked.

however I will now change the address to horizon and drp with our new address regarding my original situation!  

B789

When your set-aside is heard, if the original claim is re-served, ask yourself, what evidence has the claimant shown to prove their allegation that the defendant "left the site"? 

nellie555sharks

B789 said:

When your set-aside is heard, if the original claim is re-served, ask yourself, what evidence has the claimant shown to prove their allegation that the defendant "left the site"? 

Thank you that’s a good point. Although I might have cited it in my correspondence which proves their point. All they have is a guy sitting in a car who pounces when he sees people climb the stairs so there isn’t video evidence or anything.

Coupon-mad

OK - so you also know that QDR sent this unexpected UKPC claim to your old address?

So your job - in fact the Defendant's job because you say it is not you but your husband - next week is to read the threads by @Jack5656 and @Brokenchief and copy the N244 they filed with a WS and evidence of house move, and a copy of the BPA Code of Practice clause about having to check Defendant's details before LBC stage.

I would not be paying QDR within the first 30 days to make the CCJ disappear, if you can stand a temporary blip in your credit rating this year whilst the CCJ is set aside.

Defence is clearly Equality Act related, assisting a disabled(?) or infirm/unsteady elderly passenger who had a long term medical condition, down some steps when collecting her at a station.

Also that is not 'leaving the site'... except it looks like he used STEVENAGE LEISURE PARK to collect a passenger at a station. Why would any driver do that; it is asking for a PCN.  You don't drive onto private land shop car parks if not shopping.

You can even stop on double yellows on street (quite legitimately) to drop or collect a person to/from adjacent premises.  It is allowed.  Why use a retail car park?  Why do so many UK drivers wrongly think they need to seek out and enter a random nearby car park to stop temporarily, when it is allowed on street...

I am on your side of course - and this is perfectly defendable - but retail parks are not a place to stop like this.  I say the above to prevent the driver making that mistake again, and to make sure you both realise this is what double yellow lines around stations are actually there to enable!  Dropping off and picking up passengers is an exemption on street.

nellie555sharks

Coupon-mad said:

OK - so you also know that QDR sent this unexpected UKPC claim to your old address?

So your job - in fact the Defendant's job because you say it is not you but your husband - next week is to read the threads by @Jack5656 and @Brokenchief and copy the N244 they filed with a WS and evidence of house move, and a copy of the BPA Code of Practice clause about having to check Defendant's details before LBC stage.

I would not be paying QDR within the first 30 days to make the CCJ disappear, if you can stand a temporary blip in your credit rating this year whilst the CCJ is set aside.

Defence is clearly Equality Act related, assisting a disabled(?) or infirm/unsteady elderly passenger who had a long term medical condition, down some steps when setting down at a station.

Also that is not 'leaving the site'... except it looks like he used STEVENAGE LEISURE PARK to drop a passenger at a station. Why would anyone do that; it is asking for a PCN.  You don't drive onto private land shop car parks if not shopping.

You can even stop on double yellows on street (quite legitimately) to drop a person to adjacent premises.  It is allowed.  Why use a retail car park?  Why do so many UK drivers wrongly think they need a car park to stop temporarily when it is allowed on street.

I am on your side of course - and this is perfectly defendable - but retail parks are not a place to stop like this.  I say the above to prevent the driver making that mistake again, and to make sure you both realise this is what double yellow lines around stations are actually there to enable!  Dropping off and picking up passengers is an exemption on street.

Thanks I’ll read those posts and copy the templates.

I only know they sent it to the old address because I had to use registry trust to obtain the claim number to call the ccbc back and get the details, I  submitted our old address and it came up.

The station area has nowhere to stop at the entrance off a dual carriageway and most people who use the station are dropped off and picked up on this side if they are not driving themselves.  It has restaurants and cinema and children’s play etc, I may have a bank transaction that shows he bought breakfast there which legally entitles him to use the leisure park anyway.

Good to know the rules though thanks.

Coupon-mad

You've told us that this is UKPC using QDR, but your draft WS says you discovered that the Claimant was Civil Enforcement Ltd!

Put the BPA CoP breach quite high up, after you state that the claim was served to the wrong address.  AND append a screenshot of the BPA CoP clause.