Parking Charge Notice when paid for parking with app (slightly different times on app)

donfruitella

Hi again, hope everyone is having a nice Sunday.

So I have drafted the paragraph (point 3 in the template defence), and it reads as follows:

"

The Defendant regularly uses this car park, typically on a weekly basis, to complete work in and around the city centre of Leeds. The Defendant uses the Parkonomy app to purchase car parking as per the direction on the signage in the car park. On the 26th of January 2023 the Defendant entered the car park at 13:34:02, found a parking space and parked their vehicle. 

The Defendant tried, unsuccessfully, for approximately 20 minutes to purchase parking using the app, which was failing to connect to the internet. By the time that the Defendant was able to successfully connect to the Parkonomy app, the earliest time that parking was available to purchase was 14:00. The Defendant purchased parking for 2 hours (the period of time between 14:00 and 16:00) and left the car park at 15:28:40, using the car park for a total of 114 minutes. The Claimant received payment and therefore incurred no loss, and the time used for parking did not exceed the time paid for.

"

Does this read ok / will seem viable in the court? Any advice greatly appreciated, thanks

Coupon-mad

the parking period commences before the vehicle is parked at the perimeter/entry point. It could easily take 5 mins to park (13:40). 5 mins to exit car and read signage (13:45). Its fine if you have the relevant app, but what if you dont ?  Its not unreasonable to think that it might take up to 10 mins to download an app, read the terms of the app (different to the sign) register a password, type in your full home address & type in full credit card details, check the car details are correct, double check again and then pay (13:55). 
They designed that ludicrous system. If the payment spans the total period of parking there is no loss. They've had payment. To charge is a penalty. 
They'll harp on about Beavis, but that was no panacea. He overstayed his welcome. You've paid 2 hrs, left within 2hrs and their data proves that. So, in effect, they seek c. £100 for failing to register your car quite quickly enough. That seems more than likely to fall within the scope of the penalty rule (which is always engaged in these cases, inc in Beavis at the Supreme Court).

 
Don't forget to bring in the above posted for you in the Spring by @Johnersh, a solicitor.

And go grab the case posted for you on March 10th by @Umkomaas

Remove the ungrammatical "of" here:

26th of January 2023 

Finally please copy & paste the Particulars of Claim (POC) here (minus your VRM).  Not the whole claim form.  The sparse POC should mean you can add a bit more.

donfruitella

Hi all, I'm going to submit this tomorrow: 

"

The Defendant regularly uses this car park, typically on a weekly basis, to complete work in and around the city centre of Leeds. The Defendant uses the Parkonomy app to purchase car parking as per the direction on the signage in the car park. On the 26th January 2023 the Defendant entered the car park at 13:34:02, found a parking space and parked their vehicle. 

The Defendant tried, unsuccessfully, for approximately 20 minutes to purchase parking using the app, which was failing to connect to the internet. By the time that the Defendant was able to successfully connect to the Parkonomy app, the earliest time that parking was available to purchase was 14:00. The Defendant purchased parking for 2 hours (the period of time between 14:00 and 16:00) and left the car park at 15:28:40, using the car park for a total of 114 minutes. The parking period commences before the vehicle is parked at the perimeter/entry point. It does not stand to question that it could easily take 5 minutes to park, 5 minutes to exit the vehicle and read signage. This is fine if you have the relevant app, but what if a customer doesn’t? It’s not unreasonable to to think that it may take up to 10 minutes to download an app, read the terms (which are different to those on the sign), register a password, type in your full home address and type in full credit card details, check that the car details are correct, double check and then pay. In this instance, the Claimant received payment and therefore incurred no loss, and the time used for parking did not exceed the time paid for. The payment spans the total period of parking and the charge is a penalty. 

"

As for the particulars of claim, I'm not sure exactly what that is, and if it is on the letters sent to me then I'm struggling to find those. Also for the case posted on 10th March, this is to do with taxes? I'm not exactly sure what to reference from this re my case.

Thank you!

KeithP

donfruitella said:

As for the particulars of claim, I'm not sure exactly what that is...

The Particulars of Claim are in a box of the same name on your County Court Claim Form.
The Particulars of Claim are what you are defending yourself against.
You cannot possibly defend yourself against them without knowing what the Particulars of Claim are.

donfruitella

Thanks for clearing that up! I've just found the claim form, the Particulars of Claim read as follows:

"
The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendant's vehicle, XXXXXX, was identified in the Crown Street 24Hr Pay Car Park on the 26/01/2023 in breach of the advertised terms and conditions; namely Parked without purchasing a valid Pay & Display ticket for VRM. At all material times the Defendant was the registered keeper and/or driver. The terms an conditions upon entering private land were clearly displayed at the entrance and in prominent locations. The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability. The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.
"

Thanks again

Umkomaas

Also for the case posted on 10th March, this is to do with taxes?

Did you read it or just decided that as HMRC were mentioned in the headers that it was 'to do with taxes'?

donfruitella

Hi thanks for reply I read it and from what I remember it was concerning customers paying for parking but not with correct change and no change given, so they were questioning whether the extra money paid that wasn't refunded was subject to VAT? 

Umkomaas

donfruitella said:

Hi thanks for reply I read it and from what I remember it was concerning customers paying for parking but not with correct change and no change given, so they were questioning whether the extra money paid that wasn't refunded was subject to VAT? 

The important point in it is 'the green button'. Read around that to check if it helps. 

donfruitella

Hi again and thanks for the continued help. I'm about to send off the N180 Directions Questionnaire, is it good to do this by post? I seem to recall reading somewhere not to send things to parking firms by recorded delivery as they may refuse to sign for it, but I can't find that information now I'm looking for it. 

Also, would it be possible to deliver it in person? Their office is only a 15 minute drive from where I live, I'll send the one to the court via delivery that will arrive tomorrow (the deadline to file this is Friday). 

Thanks!

UncleThomasCobley

You are supposed to be following the 12-point checklist from the first post of the Template defence thread. You send the N180 as a PDF attachment to the same email address you used to send your defence. You also address the same email to the claimant or their solicitor, if they're using one. CC in yourself so that you have definitive proof of it having been sent and received.