ANOTHER ONE BITES THE DUST

KeithP

Did you file an Acknowledgment of Service within the suggested timescale?

Kd80

Yes I did on 25/09

Coupon-mad

That defence looks fine.  Seems you did nothing wrong.

1505grandad

"3a. The defendant parked their car in XXXXXXX restaurants designated bay and took note of the restaurants parking sign in front of the bay which stated that there was 2 hours free parking and that a fee was payable after 2 hours."

Is This missing in the following  -  perhaps here (X)?:-

"3c. The defendant spoke to staff at the XXXXX Restaurant about the parking. The defendant was told that parking  (X) was required after 2 hours and told the defendant to download the Parkonomy app and to enter the time after a 2 hour stay.

Kd80

Brilliant, I will email that and add the fee was payable part. Thank you 

Kd80

Hi, I have received a N271 stating that my claim has been transferred to a local county court. The Claimant is Total Car Parks Limited. Do I now prepare my WS and wait for a date? I was hoping they would discontinue.

Kd80

Hi, could anyone please offer some thoughts on my WS. Do I need to state any other similar cases? Thank you

Background

1. On 23 December 2023, I drove to The Maltings, Colchester, to visit the Knight Pavilion Restaurant, which is located above the underground car park in question.

2. I was both the registered keeper and the driver of the vehicle on the date in question.

3. My visit to the Knight Pavilion Restaurant was for the purpose of dining there, and I used the parking space designated for their customers.

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Parking Signage and Instructions

1. Upon arrival, I parked in a bay directly outside the restaurant’s signage, which clearly stated “2 hours free parking” with payment required only after the 2 hours had elapsed.

2. The underground car park was poorly lit at the time, making it difficult to read any other signs or information. Any further signage was cluttered and not prominent.

3. I spoke to a member of the restaurant staff to confirm the parking rules. They advised me that parking was free for the first two hours and that if I stayed longer, I should pay via the Parkonomy app after the free period had ended.

4. I followed these instructions exactly: I downloaded the Parkonomy app and entered my parking time after the two free hours had passed.

---

Why I Dispute the Claim

1. I believe I complied fully with the parking terms as I understood them, based on the restaurant signage and staff guidance.

2. Any unclear or contradictory signage in the underground car park was not sufficiently visible due to poor lighting, small print, and clutter.

3. The car park was virtually empty, and there was no financial loss to the Claimant.

4. I contend that any alleged breach of terms was caused by the Claimant’s failure to provide adequate and prominent signage, not by any failure on my part to comply.

Coupon-mad

Good background but there is more to add.

You need to re-read the second post of the Newbies thread where a whole suggested list of exhibits is there for you.

You also need a Statement of Truth and a separate page of your costs for attending.

Here's a recent one (only look at people's FINAL effort):

https://forums.moneysavingexpert.com/discussion/6592669/claim-form-received-from-uk-car-management-limited/p10

The case law they use probably DOESN'T relate to your claim so don't copy that. I'm showing you that one to demonstrate what else you are missing,

Kd80

Thank you, I'm in the process of adding more info. I've checked the courts and Total Car Parks ( DCB Legal ) have paid the court fee. Was hoping they would discontinue. Has anyone dealt with Total Car Parks?

Kd80

Thank you, I've found the post and similar to my case.