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Hi , I hope i can get some help , last xmas 23, i was on the way to leeds i stopped off at b&m in colindale retail park. the time was around 21.50 ish on the 9/12 .
 I was surprised it was still open, i later found that they extend there shopping hours during the xmas  period by an extra hour.
It was quite busy in store and not a lot of staff working and the line to pay was long.
i was one of the last customers to leave the store and left around 10:12pm. 
and headed off to leeds. I returned 2 weeks later to find a letter from UKPC for parking in the car park after hours, i was so confused.
i headed to collindale the next day to ask what the hell was going on. 
the security said they had been loads of customers that had been coming in with the same issues and explained to me why this happened.
basically the xmas trading times in the retail park are extended by 1 hour, your given 1 hour free parking , the parking closes down at 10pm so it looks like ive just came in and parked, and it looks like the stores have not updated the parking management that the times have been extended.
i  actually gotserved at 10;02pm so i was doomed before ity even started. I was seen leaving at 10.07pm . 
i spoke to the manager who took down the details the so called pcn and took the receipt as proof and said it will be sorted the next day.
i realised they took my receipt so i called the head office when they reopened in the new year.
I  asked them for a copy of my receipt as the store took my receipt. this was emailed by joanne at b&m customer services on the 12/1
i never heard anything again om the matter for weeks and i assumed it had been sorted however i was wrong, letters had infact had been sent to me , i just was not recieving them , this is now because the new HS2 fast train line track is being laid right in from of my house , which is on adelaide rd, my whole road has been affected and constantly has limited access, whole road closures and resident can only use the exit lanes for exiting only so this means our post is delivered  severely delayed, this has been on going since 22.
i had no letters until 2 weeks ago, there was no notices, no warnings  , nothing and now all of a sudden i received a claim form for court which i've foolishly filled in a defence in the defence box and explained all what happened above.
, i've now realised i shouldn't have said anything after reading the newbies section, i wasn't even aware this site existed until my dad told me about it and  to have a look through it today , unfortunately i had already  filled in the form online  and emailed it off , this was 4 days ago. this morning i received an email from dcb  stating that there client is still going to proceed with the case and states that "Without Prejudice" to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case i can discuss a settlement also with an attachment n180 form. i'm not even sure what the whole overall amount is to be honest i just know  im just so confused.
i was shocked because i wasn't expecting any of this,  i really thought when they see my defence that  i was actually shopping and not just parked, see that i also have a receipt and then given the fact of the amount of tickets that were cancelled during this period for this exact same
 thing , i thought they would have dropped it.
at the moment i'm not going to lie this has started to worry  me a little ,
does this mean i may not have a strong enough defence ? should i fight it? or have i messed up and i should just make an offer? i have no idea what i'm doing.
 think its to late for the SAR stuff right? i read all about that but again i was unaware of all this as i never received notification or ever been  in this position, 
sorry about the long winded post but i wanted to give as much detail as possible so there would be no confusion 

i appreciate you reading this far 
CD


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Comments

  • Grizebeck
    Grizebeck Posts: 3,967 Forumite
    1,000 Posts Second Anniversary Name Dropper Photogenic
    I suggest you edit your post to make it readable 
  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
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    edited 28 May 2024 at 5:42PM
    Even if you lost in court the final total will be less than on the claim form, typically around £200 , so keep going 

    Presumably you are before or at the N180 stage, so a long way to go yet, and UKPC and DCB Legal may well discontinue before any hearing 

    Ps, as a newbie, you cannot edit your post 
  • correedee
    correedee Posts: 32 Forumite
    10 Posts Name Dropper
    Gr1pr said:
    Even if you lost in court the final total will be less than on the claim form, typically around £200 , so keep going 

    Presumably you are before or at the N180 stage, so a long way to go yet, and UKPC and DCB Legal may well discontinue before any hearing 

    Ps, as a newbie, you cannot edit your post 
    im sorry .......im using my phone and auto spell thing is on hence all the typos ect.
    i received the N180 from UKPC via DCB but i haven't received one to fill out yet.
    so question.......in your opinion do you think i could win? the time of sale is on the receipt recorded at 10.02 pm.   i understand to be over the car parking hours as their consumer parking use closes at 10 pm, 
    normally the store would have closed at 9pm giving customers an hour to get out .
    the stores extended their closing times by 1 hour so therefore i would assume that the parking would then follow, otherwise it would cause a fiasco like it had. there was no warning from the stores to say the car park times havent changed ..... just big banners saying OPEN LATE!!! i think its quite a clever scheme really!! even if id have left out the store on time , the time it would take me  to get out of the giant carpark still would have caught me out, either way it was going to catch me 
  • correedee
    correedee Posts: 32 Forumite
    10 Posts Name Dropper
    correedee said:
    Gr1pr said:
    Even if you lost in court the final total will be less than on the claim form, typically around £200 , so keep going 

    Presumably you are before or at the N180 stage, so a long way to go yet, and UKPC and DCB Legal may well discontinue before any hearing 

    Ps, as a newbie, you cannot edit your post 
    im sorry .......im using my phone and auto spell thing is on hence all the typos ect.
    i received the N180 from UKPC via DCB but i haven't received one to fill out yet.
    so question.......in your opinion do you think i could win? the time of sale is on the receipt recorded at 10.02 pm.   i understand to be over the car parking hours as their consumer parking use closes at 10 pm, 
    normally the store would have closed at 9pm giving customers an hour to get out .
    the stores extended their closing times by 1 hour so therefore i would assume that the parking would then follow, otherwise it would cause a fiasco like it had. there was no warning from the stores to say the car park times havent changed ..... just big banners saying OPEN LATE!!! i think its quite a clever scheme really!! even if id have left out the store on time , the time it would take me  to get out of the giant carpark still would have caught me out, either way it was going to catch me 
    is it worth me even contacting the land owners ? or is that too late ? i just wish id have known about this site man..... gutted
  • Umkomaas
    Umkomaas Posts: 42,959 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    Get the store to cancel the charge. They would surely understand the issue of the extended hour and the problems that it has caused.
    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    edited 28 May 2024 at 6:52PM
    Always complain to the landowner, preferably the sooner the better, its never too late to do so, but should have been done months ago . Its very unlikely to be B&M that own the land, they are normally tenants, not landowners 

    I don't even try to predict outcomes, just to give advice if its something that may help victims 

    You are definitely better to seek advice and help on here, so better late than never 
  • correedee
    correedee Posts: 32 Forumite
    10 Posts Name Dropper
    Umkomaas said:
    Get the store to cancel the charge. They would surely understand the issue of the extended hour and the problems that it has caused.
    initially i had gone back to the store at the end of dec and was told it was all sorted,  i went back up last week when i received the claim form from out the blue. now they say its beyond their control now and they are not the owners,  id have to contact ukpc.  i called their head office today,  even they are saying the same thing 
  • Gr1pr
    Gr1pr Posts: 6,971 Forumite
    1,000 Posts First Anniversary Photogenic Name Dropper
    Get them to write a witness statement for you stating all the above, including trying to get the PCN cancelled which you were assured would happen 

    Find out who owns the retail park or land and complain to them too , because either a managing agent or the landowner employed UKPC , do this ASAP 

    Wait for the CNBC In Northampton to post your N180 before completing it and emailing it to the CNBC in Northampton 

    Study the newbies sticky thread in announcements, plus the defence template advice in announcements too , getting up to speed 
  • correedee
    correedee Posts: 32 Forumite
    10 Posts Name Dropper
    Gr1pr said:
    Always complain to the landowner, preferably the sooner the better, its never too late to do so, but should have been done months ago . Its very unlikely to be B&M that own the land, they are normally tenants, not landowners 

    I don't even try to predict outcomes, just to give advice if its something that may help victims 

    You are definitely better to seek advice and help on here, so better late than never 
    thats correct they are the tenants, if id have known this was happening trust me it would have been nipped in the bud  before it could have bloomed, its just unfortunate the HS2 is restricting literally everything in our neighbourhood. the posties cant drive their vans on our road so they just refuse to do it on foot , so when this happens it means we get really heavily delayed post or it gets lost, believe it or not but i just got my nanas christmas card she sent on saturday just gone... it ridiculous
  • correedee
    correedee Posts: 32 Forumite
    10 Posts Name Dropper
    Gr1pr said:
    Get them to write a witness statement for you stating all the above, including trying to get the PCN cancelled which you were assured would happen 

    Find out who owns the retail park or land and complain to them too , because either a managing agent or the landowner employed UKPC , do this ASAP 

    Wait for the CNBC In Northampton to post your N180 before completing it and emailing it to the CNBC in Northampton 

    Study the newbies sticky thread in announcements, plus the defence template advice in announcements too , getting up to speed 
    thanks for the advise, i really appreciate your help!!!
     ill get on to that right now ,
     its really the store security that would be the best witness statement as he was the one who i interacted with , he called for the manager on the store speaker and took the paper work to him as he approached the desk,
     ive not seen him after the 2nd visit thats the thing,
    the good news though....... i spoke to a lady at head office too and to the same person more than once about this , and there's an email trail as she was the one who sent me the copy of the receipt  
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