Parking Ticket / Court Letter for parking at gym i am a member of

Steam1804

Hello,

I had a UKPC parking fine sent to my address, It was for parking in my gym car park (JD GYM). I went to staff and they said they would get it cancelled. They told me to ignore any mail as they will get it seen to. 

So after a few weeks, i got another letter with the fine, i showed this to the gym staff and they said they will raise the issue again>

I was away for a month or so over the holidays and now i have received a letter
with a CLAIM No. and CIVIL NATIONAL BUSINESS CENTER.

I have Done the AOS on mcol website as described here. 

I am now at the preparing defence stage, i have seen some defence templates and was just wondering how i would add my specific case details:

i.e. paying member of gym, staff reassured me it will get cancelled, I have every right to park there as my gym membership includes the right to do so.

cheers,
 

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form?

Upon what date did you file an Acknowledgment of Service?
Your MCOL Claim History will have the definitive answer to that.

Le_Kirk

Now that you have received a claim I would go to the gym and ask the manager for some dates when he/she is not available in the next year as you will be calling him/her as a witness when/if your case goes to a hearing and suggest they ACTUALLY have the PCN cancelled rather than just talking hot air!  Then I would be changing my gym.

Steam1804

OK great, i shall do that...should i still file a defense in the mean time?

Steam1804

issue date is 26 FEB

Coupon-mad

Steam1804 said:

OK great, i shall do that...should i still file a defense in the mean time?

Yes you must... but defence has no 's'.

Please change the auto correct / spellcheck settings on your device to kill off horrible American spellings that drive us & Judges mad!

Not wanting to upset any Americans but we use British English & certainly in a defence that an old-school English Judge will read.

KeithP

Steam1804 said:

issue date is 26 FEB

I am going to have to assume that you filed an Acknowledgment of Service at the appropriate time.

With a Claim Issue Date of 26th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 2nd April 2024 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'.

Steam1804

Yes am preparing my defence now. however will have to google on how to change my auto-correct 

Steam1804

The defendant concedes that the vehicle remained parked throughout the duration indicated in the Parking Charge Notice (PCN). This circumstance arises from the utilisation of the vehicle by the defendant's spouse for commuting to the gym, whereby, as a registered member, entitlement to park in the relevant car park is granted.

The defendant has been apprised by the vehicle's user of the gym's involvement in addressing the PCN, yet all endeavors to secure cancellation of the notice have proven futile.

is the above for paragraph 3 of the defence okay? There is really little else to it? also the machine used to register vehicles is often out of order and it has been known to issue PCNS to others who have used it?

Coupon-mad

Sorry - not OK - that reads like it was written by ChatGPT that we hate more than we hate American spellings!  We do say it like it is here and a Judge would see what we see.

Bin it and write it in normal English.

"endeavors" is not UK spelling. USA again.

Also this isn't true.  The car was NOT parked for the duration of time captured by ANPR:

 "The defendant concedes that the vehicle remained parked throughout the duration indicated in the Parking Charge Notice (PCN). "

Steam1804

3. Whilst it is admitted that the Defendant was the keeper, they were not the driver of the vehicle at the time. Further, the mandatory requirements to establish 'keeper liability' have not been met and the Defendant is not liable in law.

(i) The defendant admits that the car was parked at the site the claimant has outlined. The Defendant's husband was the driver at the time and as a member of JD GYM, it is permissible to park the car for up to 3 hours. The staff at JD GYM were notified of the PCN and agreed to have it cancelled, however no action was taken by any staff.

will this do?