Gladstone - Private Parking Solutions taking me to court - Defence help - witness statement

ccqueen

Any help would be appreciated.

So brief summary - 9th July 2021 i was working as a delivery driver for a restaurant and went to a block of flats to deliver food.  There is nowhere to park at this complex at all and it is on a one way system.  There is also a hotel next to the flats but not even a visitors bay.  Also there was a guy in the car park that worked in the hotel and he said as i would only be a couple of minutes i could just park in any bay.  90% of the bays are empty.

I didn't receive the PCN letters that they claim they sent in July and August 2021.

January 2023 i receive a claim from court N1 and this is the first i know about it.

I have now received N157 notice of allocation to small claims and need to send my evidence and witness statement. 

Below is their comments on my defence.  Clearly i would not have details of the member of staff and 18 months after the event i certainly wouldn't even be able to describe them.

I was going to emphasize the fact that the flats and hotel are on a one way system and so there is nowhere to park to deliver to either.  had there of been a pay and display or a visitors bay i would of used it.

i don't really have much in terms of a defence so any advice would be appreciated.  

Thank you 

B789

The attachment does not show.

Can you show us the PoC from the claim and what you put in your Defence?

Which PPC and/or solicitor?

ccqueen

Hi my defence is in the photo i told them i didn't receive the letters and that i asked a member of staff who told me to park in the bay.

Company is Private Parking solutions and solicitors is gladstones

ccqueen

Sorry had to look up POC - says car details and address etc then says wasn't paid within 28 days.

Claimant claims - £100 for the PCN, £70  Contractual costs pursuant to the contract and PCN'S T &C's with statutory interest of £25.04 continuing at 5p a day 

B789

ccqueen said:

Hi my defence is in the photo i told them i didn't receive the letters and that i asked a member of staff who told me to park in the bay.

Company is Private Parking solutions and solicitors is gladstones

There is no photo: 

ccqueen

Hopefully this works

Boat_to_Bolivia

Can you show us the defence YOU submitted and also the Particulars of Claim on the court claim form.

B789

ccqueen said:

Hopefully this works

That is the Claimant's rebuttal to your Defence. As @Boat_to_Bolivia has asked above, we need to see the PoC and your verbatim Defence.

ccqueen

Sorry - this was my defence. 

Firstly I have not received any previous contact about this
parking fine from Private Parking Solutions so was shocked to have
received this letter.
on the date of the incident being 9/7/2021 and the location being
Sutton Point I was working as a delivery driver for a restaurant
and was delivering food to a customer that lived at the address.
The building in question is on a one way system and there is no
visitor or delivery bays to park in or any means to pay to park in
order to deliver food. I was advised by a member of staff to just
park in one of the bays (the majority of these were empty) as i
was only going to be a few minutes delivering the customers food.
There are thousands of people living in this building and also a
hotel on the site so why there is nowhere for a delivery driver to
park is ridiculous and this is just a money making attempt from
the company in question. How are people living in these flats
meant to get a delivery if there is no suitable parking provision?
I was advised by a member of staff to park in the bays and deliver
the food. As this is the first i have heard about this fine i am
totally shocked to not only receive it but also the cost of the
fine. Had their of been a charge to park or a means to do so i
would of done it. I find this fine not only unfair but also
unnecessary as i am sure if they have evidence of me parking they
would also have evidence of me only being there a few minutes
before leaving. In which case the charge for parking is excessive
to the time spent. We are now 18 months after the incident and the
charge is made up of additional interest, had i of received a
ticket or a letter i would have disputed immediately and i would
not be in this situation. This is unfair. Please can you take
into account that i was doing a delivery of food for a restaurant
and was advised to park in the bays. If i had known it would lead
to a fine 18 months later i would never of parked there.

ccqueen

POC - 
The driver of vehicle with registration ***** parked in breach of the terms of parking stipulated on the signage (the contract) at **** address on 9/7/21 thus incurring the parking charge (PCN).  The PCN was not paid within 28 days of issue.  The Claimant claims the unpaid PCN 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, £70 Contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £25.04 pursuant to s69 of the county court act 1984 at 10.25% per annum, continuing at £0.05 per day.

B789

Hopefully you can argue Jopson v Homeguard should it proceed all the way to the hearing. You need to have a good read of this: https://www.dropbox.com/s/9ezhkj6epu66l1r/JOPSON-V-HOMEGUARD-2906J-Approved.pdf?dl=0

Read it and understand that as it was an appeal case, it is persuasive on the lower courts. It is all about someone being charged for stopping, not parking. Delivering something is not parking.

Aside from the unfortunate Defence you provided, you should be able to defend it with what you have. Search for some Witness Statements on the forum so that you have an idea how to structure and present it