Countrywide refuses to cancel PCN despite retailer's request

wojtek1986

Coupon-mad said:

It's temporarily withdrawn only to look at TWO aspects and for the Government to write a draft Impact Assessment, plus a final Public Consultation on those two disputed clauses.

I'm the only co-opted individual consumer on the Govt's Steering Group working on the new Code.  I've not missed a single meeting since 2020.  Believe me, you can & must use it because it is coming in, whether they like it or not!

I've left it in the Template Defence deliberately because by the time cases come to hearings we'll know about the decisions and Impact Assessment about the two disputed clauses.  The rest of the Code remains untouched and will be law in 2024. So yes, you can/must use it confidently.

Great stuff thanks, appreciate your time.

fisherjim

IMHO it should have been communicated to all members by letter and by prominent signage that the parking rules were changing, the fact that this was not done would be a good point on your side.

The IPC COP states:

Changes in Operator’s Terms and Conditions

Where there is any change to any pre- existing terms and conditions that would not be
immediately apparent to a person visiting the Car Park and which materially affects
the Motorist the Operator should place additional (temporary) notices at the entrance
making it clear that new terms and conditions/charges apply, such that regular visitors
who may be familiar with the old terms do not inadvertently incur Parking Charges.
Notices should be in addition to the signage ordinarily required and left in place for an
appropriate period.

wojtek1986

Update
Hi,
I received Letter of claim with pre action steps guide and a reply form attached.

I will be disputing this claim as per newbies guide and putting a SAR to countrywide.

Can I just email/ use their online contact form BW solicitors my reply or do I actually have to post the completed reply form they attached?

Thanks a lot,
W.

wojtek1986

wojtek1986 said:

Update
Hi,
I received Letter of claim with pre action steps guide and a reply form attached.

I will be disputing this claim as per newbies guide and putting a SAR to countrywide.

Can I just email/ use their online contact form BW solicitors my reply or do I actually have to post the completed reply form they attached?

Thanks a lot,
W.

I intend to tell BW that I am seeking debt advice and SAR to get the extra time and I will clearly tell them why payment is not owed:

1. No entrance signage to inform of rule change contrary to the Private parking Code and their own IPC Code.
2. Pure gym emailed them request to cancel which they rejected demanding an admin fee, and now they want it all again when I refused that admin fee blackmail.
3. Countrywide messed up the PCN form where they call the parking location Tower retail park but on all their parking signs it only says Pure Gym with no mention of TRP, which is actually on the other side of high street and clearly separate with its own parking and run by a different company group nexus. 

Context:
Nexus told registered keeper, who wasn't a driver, that they didn't issue the fine so keeper had to look around for a long time before actually finding pure gym car park. I hope the court will agree that such discrepancy between signs and PCN letters is not acceptable. I think they intentionally confuse people after they sneaked in VRN registration rule without new entrance signage and fined many other regular gym members who missed it.



I already told the above points to countrywide but they just ignored it and pressed on with BW claim so if anything this letter to BW will show the court that I tried to reason with trained solicitors who should know better that this claim is invalid.

Is that ok? Or am I missing something in my logic? Thanks

Coupon-mad

I think that's a great response.  Good points.  Just email them, no letters.

anonuser23

Any update on this case?  I'm facing an almost exact same situation with 'admin' fee, and would like to know what likely outcomes can be.

Thanks.

Coupon-mad

anonuser23 said:

Any update on this case?  I'm facing an almost exact same situation with 'admin' fee, and would like to know what likely outcomes can be.

Thanks.

This is a very old 2023 case. May not have even ended up with a small claim, as most cases don't and the OP didn't come back.

Worst case scenario in a single PCN case, is you lose at a hearing and just pay £212 and it's over. No CCJ. And almost nobody loses. There's no risk at all.