Parking fine defence question

haynesy64

Trying to figure what i should do next as the private parking company (Premier Parking Solutions) have moved to the moneyclaim.gov.uk stage despite me writing a letter to the PPS disputing their claim and explaining my attempt to pay for my parking, and the fact the RingGo app they recommended me using would not let pay beyond a certain time.

I used the RingGo app to pay for my parking - (i wanted to park from ~ 7.30 to 11pm). However the app would not let me pay beyond 8pm - if i put in parking for 5 hrs 30 mins - it came back with a message saying "session time adjusted to 8pm due to parking restrictions". So i paid until 8pm. (Assuming that there was no need to pay for parking beyond 8pm as the app wouldn't let me.). I left the car park at about 10.30 and they are saying i should have paid for this time beyond 8pm.

PPS response was i hadn't paid for my parking time and ignored what i perceived was my valid attempt to do so.

KeithP

Hello and welcome.

You haven't said so, but it looks like you may have received a County Court Claim Form?
If that's the case, please tell us the Issue Date on it?

Coupon-mad

Are you sure you paid for the right car park, right location Code?

That sounds to me like you may have mistakenly paid the Council to park on that street where restrictions ended st 8pm.

Premier Parking Solutions

Which one? There are two called that.

Please show the Claim Form but cover your data, the Claim no, the MCOL Password and your car's VRM.

haynesy64

Thanks for the welcome -

attached is the Claim form (i have responded to give myself 28 days).

I definitely was paying for the correct car park ring go number: 16060

Below is a screen grab of the message you get when you try and put a time into the RingGo app for this car park which takes you beyond 8pm.

I parked early evening  - it only let me pay until 8pm. So on the day, i paid until then assuming there was no need to pay beyond the 8pm threshold




 

KeithP

I am going to assume that you filed an Acknowledgment of Service sometime after 24th November. Please confirm.

With a Claim Issue Date of 20th November, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Thursday 28th December 2023 to file your Defence.

That's over three weeks away. Plenty of time to produce a Defence but please don't leave it to the last minute.

To create a Defence, and then file a Defence by email, look at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.

haynesy64

So i submitted a 'defence' within the deadline, and have received confirmation of this in the post. Since then i have received on offer of mediation - should i accept the mediation offer - is there any point to this?

I also received a letter from BW Legal with a "Directions Questionnaire small claims track form - there is a section on this form called "Suitability for determination without a hearing" - in the box against 'suitability for determination without hearing' they have ticked NO. saying "The case requires technical submissions on a number of aspects of the claimant's claim, including formation of the contract. Such asubmissions which will be represented by either counsel or solicitors again. Equally the claimant will want to cross-examine the defendant. Therefore the case is not suitable to be dealt with on paper without a hearing'

My defense was that the RingGo App only let me pay to 8pm despite numerous attempts to pay beyond this to 10pm - the time i wanted to leave the car park. I submitted series of screengrabs showing this and wrote letter explaining this right after receiving the original fine. I am assuming it is the car parking company's responsibility to provide a technical payment solution that works and allows payment within the required time - or am i being naive here!

Debszzzz2

That message you received on your phone does not say you can continue to park after 20:00. Then again, it does not say you can't. However, if you feel there is ambiguity, you can rely on the CRA 2015 in your WS even if you didn't mention it in your defence.

Where the meaning of wording is ambiguous (so there is more than one possible meaning), there is a requirement that it should be given the meaning that is most favourable to the consumer.  This rule is intended to benefit consumers in any private disputes they may have with businesses and is set out in the Consumer Rights Act 2015 ('the CRA') Section 69: 'Contract terms that may have different meanings' and the interpretation that is most beneficial to the consumer, rather than the trader, is the interpretation that must be used.

Regarding the question about mediation, when you submit your own N180 DQ, using a PDF editor on the downloadable version of the form, just paste a text box at 9pt Arial font with the following into the box:

I am not content for the case to be heard 'on the papers' because that seems to disproportionately give an advantage to a legally represented party. I feel strongly after all the intimidating demands from this aggressive parking firm and its agents, that I need a voice at an attended hearing.  

I wish to question the Claimant about their evidence at a hearing in person and to expose omissions and any misleading or incorrect evidence or assertions. 

Given the Claimant is a firm who complete cut & paste parking case paperwork for a living, having this case heard solely on papers would appear to put the Claimant at an unfair advantage, especially as they would no doubt prefer the Defendant not to have the opportunity to expose the issues in the Claimants template submissions or speak as the only true witness to events in question.

It will fit. The fact that the Claimant has already stated that they want a hearing, as long as you do not request a hearing on the papers then it should be heard. However, 'belt & braces' applies.

Coupon-mad

The question about Mediation is fully answered in the NEWBIES thread section 'IMPORTANT: KNOW WHAT HAPPENS WHEN' which tells you a lot more, too.

haynesy64

So looks like BW Legal are going ahead and taking me to court with this.
The consumer rights act  - CRA 2015 on the way the RingGo app phone is presenting me with information is going to be my defence. @Debszzzz2 mentioned this "CRA 2015 in your WS ". What is the WS in this?

KeithP

haynesy64 said:

What is the WS in this?

WS = Witness Statement.

Coupon-mad

Which is explained in the NEWBIES thread.