Help! Gatwick NCP PCN just sent me CC Claim (I think I'm on the right track!)

Coupon-mad

Better in para 2 (which isn't where you put it) and to include EVERYTHING I said!

thewonder

Thanks @Coupon-mad I've added every word you said to para 2.  I feel like I'm getting there! Does this read better as a defence?

The facts as known to the Defendant:

2.     It is admitted that on the material date the Defendant was the registered keeper and driver of the vehicle in question.

3.     The Defendant and driver of the vehicle did not see any clear signage around the stopping point. There was no parking meter or payment facility, or anything suggesting payment was required. Therefore, no party in the vehicle was aware there was a charge. Given the road layout, nor would there have been a possibility of turning the vehicle around regardless - in essence it would have been impossible to read any terms and decide against them. This makes it (arguably) the imposition of a contract term unfairly. 

4.    The Defendant denies that there was a period of parking that could give rise to a 'parking charge' and also denies gaining any amenity from the 'drop off' facility. The Defendant merely drove through after taking a wrong lane due to inadequate signage which was in the dark. As a matter of contract law within the private parking regime, there was no parking contract in play; no £100 could possibly have been agreed without being afforded the opportunity to see that onerous clause. Plus this is defined by the Government now, in the new statutory Code of Practice (stalled but soon to be resurrected in July) which says:

"2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving"

and

"2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

This is not the period between a vehicle being recorded as entering and departing controlled land."

 

Coupon-mad

No, add my words about AMENITY to the paragraph numbered  2.

thewonder

Thanks @Coupon-mad - I've move that part to para 2. Does this read better as a defence?

The facts as known to the Defendant:

2.     It is admitted that on the material date the Defendant was the registered keeper and driver of the vehicle in question. The Defendant denies that there was a period of parking that could give rise to a 'parking charge' and the Defendant also denies gaining any amenity from the 'drop off' facility. The Defendant merely drove through after taking a wrong lane due to inadequate signage which was in the dark.

3.     The Defendant and driver of the vehicle did not see any clear signage around the stopping point. There was no parking meter or payment facility, or anything suggesting payment was required. Therefore, no party in the vehicle was aware there was a charge. Given the road layout, nor would there have been a possibility of turning the vehicle around regardless - in essence it would have been impossible to read any terms and decide against them. This makes it (arguably) the imposition of a contract term unfairly. 

4.      As a matter of contract law within the private parking regime, there was no parking contract in play; no £100 could possibly have been agreed without being afforded the opportunity to see that onerous clause. Plus this is defined by the Government now, in the new statutory Code of Practice (stalled but soon to be resurrected in July) which says:

"2.19 parked/parking

an instance of a vehicle being caused by the driver to remain stationary other than in the course of driving"

and

"2.24 parking period

the length of time that a vehicle has been parked, i.e. left stationary otherwise than in the course of driving, after any relevant consideration period has expired (excluding instances where the driver has stopped to enable passengers to leave or enter the vehicle)

This is not the period between a vehicle being recorded as entering and departing controlled land."

 

Coupon-mad

Yes that'll do!

thewonder

Thank you so much @Coupon-mad

I would very much like to show my sincere appreciation for your help and support on this. If there's nothing else I should include, then I'll finalise my defence this weekend and send it on Monday (during office hours). I will report back to this thread as soon as I've heard any response. I'm keen for others to benefit from my experience (if I can help at all).

Hope you have a lovely weekend And I wish you all the best with working group. I'm curious to hear about the forthcoming annoucement due later this month. 

Coupon-mad

thewonder said:

Thank you so much @Coupon-mad

I would very much like to show my sincere appreciation for your help and support on this. If there's nothing else I should include, then I'll finalise my defence this weekend and send it on Monday (during office hours). I will report back to this thread as soon as I've heard any response. I'm keen for others to benefit from my experience (if I can help at all).

Hope you have a lovely weekend And I wish you all the best with working group. I'm curious to hear about the forthcoming annoucement due later this month. 

Good! So are we!

And read this as if I wrote it for you:
https://forums.moneysavingexpert.com/discussion/comment/80160565#Comment_80160565

See you at the end of the month - or in August when the Government's final private parking Code Consultation will be open, we understand.

We need EVERYONE to push the new law over the line. Friends, family, lots of individual responses to the Consultation that you can drum up, please!

thewonder

Hello all

I submitted my defence letter this week as per @KeithP and @Coupon-mad’s exceptionally helpful advice and support. I’m conscious that it’ll be a few months before this all concludes. But I will endeavour to keep this thread up to date and with a bit of luck, post my success in overturning this deeply unfair Claim Letter. 

Happy Wednesday

Coupon-mad

thewonder said:

Hello all

I submitted my defence letter this week as per @KeithP and @Coupon-mad’s exceptionally helpful advice and support. I’m conscious that it’ll be a few months before this all concludes. But I will endeavour to keep this thread up to date and with a bit of luck, post my success in overturning this deeply unfair Claim Letter. 

Happy Wednesday

Very good.

The Government's announcement is anticipated this month and we only have a week and a half left of July!   On this forum we will be all over it, even if it doesn't exactly get a fanfare on the news.  

thewonder

This is very exciting @Coupon-mad

I am curious if my case with follow the ‘typical’ defence and hearing process, given the expected government announcement in a mere weeks time!

For info, I’ve just received an acknowledgement email from BW legal. Apparently it’s been added to my file?!