Premier Park / Gladstones Civil Claim - defence BPA grace period

RileyRileyRileyRiley

Hello. I'm being chased after a slight overstay in a normally free car park - 100 minutes entry to exit when 90 minutes free - within BPA grace period in my opinion - more info below.

I've spoken to various friends and opinions have ranged from "You're absolutely right to contest it", to "I just pay - saves the hassle", to "Well you were there longer than you were supposed to be". Eeek!

Got a court claim through and need some reassurance that I can win this with a grace period defence.

I know my case is not unique and there is a lot of information in the newbies thread that will help.
However having two young children and a recently ill partner has left me with not a lot of time to research and defend this, so would appreciate any advice as there is a lot to take in. Thanks in advance.

Coupon-mad

What's the date of issue, stated top right on the Claim Form?

Have you done the AOS on MCOL yet? When?

Please show us JUST the 'Particulars of Claim' section on the left of the Claim but cover your VRM.

DO NOT show the whole claim form.

RileyRileyRileyRiley

Where I'm up to now: I have acknowledged service of the claim and need to submit defence in the next couple of days to make the deadline.


Info on parking circumstances:
CCTV captured my car entering at 12:31:01* and exiting the same day at 14:11:13*, a total* 100 min 12 sec

* Times shifted and altered by a few seconds just to protect my info, but within seconds of real duration.

Exit was delayed by traffic by a few minutes due to a delivery driver making a meal of parking to unload - I was not in the space at that time, queuing to exit - not sure if this is relevant.

Car park has signed terms showing  "90 minutes free parking" with no ticket required, and "Parking period commences 5 minutes after entry."

Photos of signs from same car park are here: https://forums.moneysavingexpert.com/discussion/comment/80205790/#Comment_80205790

Not sure if those signs are the same ones in situ on the day in question but same terms AFAIK.

As we know BPA mandates "where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes" - BPA Code of Practice clause 13

So, to me, this falls within the grace period. However I can see some arguing that it was outside the BPA's 10 minutes.

I appealed to Premier Park (PP), was rejected with "We note your comments and reason for appeal … the free maximum stay period within this car park is 1 hour and 30 minutes … vehicle was on site for 1 hour and 40 minutes, this was an overstay of 10 minutes."

Just missed PoPLA appeal deadline due to emails in Junk folder. PoPLA suggested I contact PP for new code which I did and PP ignored.

Complained to BPA, they came back with template response asking for a copy of my PCN despite me giving them all the information in the complaint. I never followed it up - that's on me.

Never got the "actual grace period agreed by the landowner", despite asking in my original appeal and the BPA complaint.


Got debt collection and solicitors letters (ignored) and now the court claim.

As I say, any help much appreciated.

--
edited to correct timings

B789

You've ignored the question about the "issue date" on the claim form and you have not provided the PoC.

Stop fearing the men in black monitoring your posts and looking to somehow catch you out. You could always wear a tin foil hat. We need the "issue date" to verify your deadlines and the PoC dictates what you should put in your paras #2 and #3 in your defence.

Coupon-mad

I think we cross posted.  I'm awaiting the reply!

RileyRileyRileyRiley

Coupon-mad said:

What's the date of issue, stated top right on the Claim Form?

Have you done the AOS on MCOL yet? When?

Please show us JUST the 'Particulars of Claim' section on the left of the Claim but cover your VRM.

DO NOT show the whole claim form.

Date of issue is 15 Aug, putting "day of service" at 20 Aug.
I submitted AOS via MCOL on 1 Sep, the day before the 14 day deadline.
I need to submit defence by 16 Sep if I've calculated correctly.

Particulars of Claim

The driver of the vehicle with registration XXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at PARK LANE CAR PARK POYNTON (ANPR) - 4 PARK LANE POYNTON CHESHIRE SK12 1RE, on XX/XX/2022 thus incurring the parking charge (the '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, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £XX.XX pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.05 per day.

RileyRileyRileyRiley

B789 said:

You've ignored the question about the "issue date" on the claim form and you have not provided the PoC.

Stop fearing the men in black monitoring your posts and looking to somehow catch you out. You could always wear a tin foil hat. We need the "issue date" to verify your deadlines and the PoC dictates what you should put in your paras #2 and #3 in your defence.

Thank you. Consider it donned

RileyRileyRileyRiley

Corrected my entry/exit timings in a previous post.

@B789 was right - it's easier to stick to the facts than try to obfuscate.

Sorry for any confusion

B789

RileyRileyRileyRiley said:

Coupon-mad said:

What's the date of issue, stated top right on the Claim Form?

Have you done the AOS on MCOL yet? When?

Please show us JUST the 'Particulars of Claim' section on the left of the Claim but cover your VRM.

DO NOT show the whole claim form.

Date of issue is 15 Aug, putting "day of service" at 20 Aug.
I submitted AOS via MCOL on 1 Sep, the day before the 14 day deadline.
I need to submit defence by 16 Sep if I've calculated correctly.

You actually have until 4 pm on Monday 18th of September to submit your defence. You have 29 days from the "issue date", plus any weekend and/or bank holidays if the 29th day is on one of those.

B789

RileyRileyRileyRiley said:

Particulars of Claim

The driver of the vehicle with registration XXXXX (the 'Vehicle') parked in breach of the terms of parking stipulated on the signage (the 'Contract') at PARK LANE CAR PARK POYNTON (ANPR) - 4 PARK LANE POYNTON CHESHIRE SK12 1RE, on XX/XX/2022 thus incurring the parking charge (the '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, £70.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £18.98 pursuant to s69 of the County Courts Act 1984 at 10.25% per annum, continuing at £0.05 per day.

As those are particularly woeful PoC, which do not state what terms you have allegedly breached, your defence paragraphs should only respond to the vague allegation. It is for the claimant to prove what terms you have breached. Don't do their job for them.

The rest of the defence template will cover everything else. All you need to state is whether you were the driver (if it is PoFA compliant) and why you were at the location (if you remember). Everything else will be fleshed out when you come to submit your WS.

Any ANPR pictures will only show time in the car park, not total time parked.

Coupon-mad

Search the forum for Gladstones 10.25% interest as there's an extra point to add.