Claim form received 3 years after PCN

FightBack2024

Hi all

Would be really grateful for some advice if possible. I am a newbie here.

I received a claim form out of the blue for an alleged breach which occurred in 2021.  In the POC, the reason given is "the vehicle was parked longer than the maximum period allowed.  However, I was not "parked" but instead was using the garage to fill up with petrol and also to use the tyre pressure pump and ended up severely delayed due to queuing at the diesel pumps (behind HGV vehicles) and then queuing in the store itself paying for the petrol and then at the tyre station (getting blocked in).  This particular petrol station is extremely busy and is regularly visited by HGVs, large lorries, vans and cars who are refueling before heading onward on the M25.  There are also lots of vehicles entering and refueling to and from Heathrow Airport.

I am furious because I do remember entering this garage for petrol and because my tyres were low, I then drove over to the tyre station.  I was not parked at all but instead got caught in queues, both at the petrol pump and at the tyre station.    

What is most annoying is that once I got through the queue at the tyre station, I was then blocked in by a HGV vehicle (think it was refilling the tanks at the station) and was further delayed from exiting the station.  There was a few of us waiting for this truck to move out of the way too so, no doubt, we were all issued with tickets!!

I do intend to defend this claim as I cannot believe that it is fair or just to issue a PCN to customers who are attending out of necessity, i.e. to fill up with diesel and use other facilities.  I absolutely do not recall seeing clear signage either but, as this is 3 years ago now, there is no way I can prove lack of signage!  That said, I would not be looking for signage when it was never my intention to park.

I tried to locate exactly where it is alleged the breach occurred but the address given on the POC is almost impossible to locate using google maps or Waze so I am really guessing that it must be the station I am thinking it is, particularly since I have not visited any other Euro Garage in that area.  The POC says "Euro Garages Heathrow South" but when I check the location the only addresses that came up were Euro Garages Heathrow North and Euro Garages South Houslow, both of which I have not been to. 

I am in the process of preparing a Defence on "fairness/reasonableness" but, to be honest, I have no idea whether this can be a defence.  

On performing the Google search in an effort to try and find the location of the garage on the POC, I came across multiple complaints by others who have been issued with tickets for exceeding the maximum period allowed at Euro Garages.  This is just so so unfair and a complete money grab by these garages.  How can it be right that you are issued with a PCN for staying longer than anticipated to use the facilities in a petrol station?  

Any advice would very much be appreciated.  I would add that there has been a massive increase in these Private Landowner's legal reps now issuing claim forms for unpaid PCNs, including issuing claims for PCNs  going back years as is the case with me. I discovered this during my investigation of this PCN.

I no longer own the car that the PCN was issued to and, at the time, had split from my partner so did not receive the original PCN or letters.    

KeithP

Hello and welcome.

What is the Issue Date on your Claim Form? Let me guess - 28th August 2024?

Can you please show us a picture of the Particulars of Claim - with personal detail hidden of course.

Who is the Claimant? Euro Car Parks Ltd?

Have you filed an Acknowledgment of Service?

If so, upon what date did you do so?
Your MCOL Claim History will have the definitive answer to that.


This fairly recent thread about the same place might be useful...
      dcb Legal Letter of Claim for £170 just received.

Coupon-mad

Easy one to defend.

DCB Legal will discontinue the claim in 2025.

  

Le_Kirk

Not an issue on the forum but, if this goes on to a claim and you have to write a defence and witness statement, you really need to sort out your story that you were filling up with petrol after queueing at the diesel pimps and then went to pay for petrol.

FightBack2024

Thank you for your responses I will send the details of the POC and, Le Kirk, I am being really honest when I say I was delayed in this petrol station for the reasons set out above.  This is the only time I can recall being longer in a petrol station than normal.  I even had words with the HGV driver blocking us all in!!

FightBack2024

You are right Keith P the date is 28 August 2024

The POC are set out as follows:

1.  The Defendant is indebted to the Claimant for parking charges issued to vehicle [  ] at Euro Garages Heathrow South.

1.  The PCN9s) were issued on 09.11.2021.
3.  The Defendant is pursued as the driver of the vehicle for breach of the terms on the signs (the contract).  Reason:  Your vehicle was parked longer than the maximum period allowed.
4. In the alternative the defendant is pursued as the keeper pursuant to POFA 2012 Schedule 4
AND THE CLAIMANT CLAIMS 
1. £150 being the total of the PCN(s) and damages.
2 Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at the daily rate of £0.4 until judgement or sooner payment.
3 Costs and Court fees.

Acknowledgement of Service on 2 September 2024.

Claimant is Euro Car Parks 

KeithP

FightBack2024 said:

You are right Keith P the date is 28 August 2024
Acknowledgement of Service on 2 September 2024.

With a Claim Issue Date of 28th August, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 30th September 2024 to file a Defence.

That's over two 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'.

FightBack2024

Thanks again for the advice provided - I have started my Defence as best I can but, of course, I will have to rely on the Defence alone as there is no point in taking pictures of the area now.  These debt collectors are resorting to mass claim forms now so this site is likely to get very busy with "I need advice" messages. 

1505grandad

"AND THE CLAIMANT CLAIMS 
1. £150 being the total of the PCN(s) and damages."

"This fairly recent thread about the same place might be useful...
      dcb Legal Letter of Claim for £170 just received."

Just wondering if it is the same place why the claim has been reduced for this OP?

FightBack2024

Le-Kirk I just re-read your comment!!  Being in a petrol station "pimping" might cause some issues!!  Also, the car was a diesel and thank goodness I did not actually put petrol in it!!   I was on a text rant - so angry - so attention to detail was on the back-foot when asking for advice on this forum - will be on the front foot when preparing the Defence though!  

newbury_boy

There seems to be all sorts wrong with this PCN. I suggest you have a look at the British  Car Parks  Code of Practice. (google it)
Also some useful info if you google RAC and parking charge notices. 
Finally, if you want to watch a couple of videos, the Black Belt Barister (a genuine barister) has a number of them about PCNs again, google him.