County Court Claim - Stopped In No Stopping Zone - HX Car Park Management 22 January at 8:57PM in Parking tickets, fines & parking 16 replies 268 views

Rahn

Good evening all, 

First off, thank you for any help in advance. The Newbie threads and other posts have been constructive and reassuring. Below is a quick summary of my situation:

- Original PCN received 29/09/2021. Stopped in a no stopping zone.
- NTK received 1/11/201
- County Court Claim Form Issue Date - 16/01/2023

Unfortunately, no appeal or complaint has been made to any party. As the registered keeper I am now preparing my defence for the claim.

Actions taken today:
- AoS sent via the MCOL website
- SAR requested from HX Car Park Management

No email has been drafted to the solicitors (Gladstones) regarding putting the case on hold, is there still a reason to do this since it is past the LBC stage?

I feel the next step for me is to now to prepare my defence using the template over the next couple of weeks and send as per the summary in the template defence thread. Have I missed anything else?

Thanks again for your help.

Fruitcake

Where did the alleged event occur?

Plan A is always for the keeper to complain to the landowner and their MP.

It's too late to ask the case to be put on hold once a claim has been issued.

Mouse007

Did the sign say "you may stop here in the no stopping zone for £100"? If it did that would be an offer and you might have entered a contract.

Did the sign say "No stopping. £100 charge if you brake the terms and conditions"? If it did that is not offering you anything and the £100 charge is not for a breach of contract.

and then, what do the particulars of claim say?

Coupon-mad

Show us some photos of this purported 'no stopping zone' or a link to it onGoogle Streetview.  Should be a laugh!

KeithP

Rahn said:

- County Court Claim Form Issue Date - 16/01/2023

Actions taken today:
- AoS sent via the MCOL website...

With a Claim Issue Date of 16th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 20th February 2023 to file your Defence.

That's 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 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'.

Rahn

Mouse007 said:

Did the sign say "you may stop here in the no stopping zone for £100"? If it did that would be an offer and you might have entered a contract.

Did the sign say "No stopping. £100 charge if you brake the terms and conditions"? If it did that is not offering you anything and the £100 charge is not for a breach of contract.

and then, what do the particulars of claim say?

The sign details are below:



The location is here:




After visiting the location, the driver could have stopped to visit the amazon locker, seen in the above picture, or the garage/ McDonalds near by.

The particulars of the claim are:
The driver of the vehicle with registration XXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at site 1085 Salterhebble Halifax HX3 0QE, on 25/09/2021 thus incurring the parking charge (the 'PCN'). The PCN was not paid within 28 days of issue. The Claimant claims the unpaid PNC from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £19.89 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.04 per day. 

Thanks

Rahn

Coupon-mad said:

Show us some photos of this purported 'no stopping zone' or a link to it onGoogle Streetview.  Should be a laugh!

Have posted some pictures above of the location and have received the following image (along with others) from the SAR.



Time to start reading through the defense template again and type it up, any help would be appreciated!

Thanks

Rahn

Fruitcake said:

Where did the alleged event occur?

Plan A is always for the keeper to complain to the landowner and their MP.

It's too late to ask the case to be put on hold once a claim has been issued.

I have posted some images above regarding location and sign etc. Is complaining to the landowner still an option at this stage? 

Half_way

Jopson vs homegaurd? stopping is not parking.

 They can not charge you for a; something you have not done - you have not parked, only stopped so therefore a parking  charge does not apply - this may also put them in breach of the DVLAs Keeper on day of event contract.

 The sign is prohibitive, by No stopping they can not offer you  contract to do something that you are not permitted to do

Mouse007

Looks to me like the no parking / no stopping relates to the yellow cross hatch area which provides access to the gas storage cylinders.

https://www.google.co.uk/maps/@53.7028448,-1.8533649,3a,75y,49.66h,91.81t/data=!3m6!1e1!3m4!1sCCmyIcPEXvZYa-cvQBDfGw!2e0!7i13312!8i6656!5m1!1e1?hl=en&authuser=0

The sign is quite clear, no stopping, that contains no offer. It is forbidding, there is nothing to accept. No claim in contract law can be made.

Coupon-mad

Mouse007 said:

Looks to me like the no parking / no stopping relates to the yellow cross hatch area which provides access to the gas storage cylinders. 

Seconded.  The sign relates only to the hatched area behind the cones.  Nothing there suggests where you parked was an issue, prohibited or subject to a parking contract.