PCN on Free car park at GP surgery during appointment as a patient

KeithP

Smellopee said:
...are they considered unregulated if they are BPA approved? 

They are unregulated. You seem to be suggesting that the BPA are some sort of regulator. They are not.

Smellopee said:
Can I safely leave a review on Google with my actual name?

I wonder whether anyone would be safe visibly showing their real name on any website.
I can only see disadvantages.

Smellopee

I have received a second 'letter before action' from Civil Enforcement Ltd nearly a year after the first one. Are they trying it on again because some laws have changed?

I have used the same template as before that included:
'I am sourcing and seeking independent debt advice and as such, I formally request that this matter be put on hold for an additional 30 days, in accordance with the Pre-Action Protocol for Debt Claims 2017 ('the PAP').

I note that the amount being claimed has increased by a hugely exaggerated amount which the Government called "extorting money from motorists"

I saw it wasn't included in the most current template, is it no longer relevant?

Can I use the fact they never got back to my first reply against them? Or is it common for companies to keep threatening court with several letter before action?

Found the surgery car park I was issued the PCN at on the forum for context:

Coupon-mad said:

A typical story of a clueless landowner (GP surgery in this case) believing in 2022 - without undertaking any checks - that their NHS car park was being 'misused':

2022 article:
https://www.worcesternews.co.uk/news/19880422.car-park-restrictions-brought-barbourne-health-centre/

Surely more likely that it was just busy due to patients and staff.

Normal activity.

People with appointments with GPs, nurses, Health Visitors, nutritionists and cancer aftercare advisors or whatever, and others using the pharmacy or just popping in to get an insurance form signed, a sick note, or to chase up test results or have an injection or blood pressure check, or to make an appointment, or find out about Covid boosters...

...surgeries are VERY busy places.

I looked at it on GSV and as well as the GP and Pharmacy. they have a Podiatrist, a Hearing clinic and a Counselling & Psychotherapy service. Loads of services.

On GSV you can see white & blue parking signs (Barbourne Health Centre, Droitwich Road) and a NON-FULL car park.  A place which looks like it wouldn't be a destination for rogue parkers.

COME ON - ENGAGE YOUR BRAINS!

No serial rogue drivers were actually 'abusing the car park' - of course not - but an unnamed PPC convinced them that they had a problem to address.

Fast forward to 2023:
https://www.worcesternews.co.uk/news/23701851.barbourne-health-centre-patients-try-appeal-fines/

Barbourne Health Centre...NAMED AND SHAMED.

Oh dear.

...who would have thunk it?

Gr1pr

Nothing has changed,  no laws have changed or new ones added 

Just email the standard LoC response template to CEL, same as everyone else 

Doesn't matter if you have had one before,  or 10  !

Just email the response template,  don't overthink this Nothing stage

Smellopee

I have received a claim form for money claim. The County court address is nowhere near where I am. Does it mean this is where I would have to go if it goes to court or will it be my local court? Do I need to contest jurisdiction in my AOC? Thank you!

Coupon-mad

Of course it doesn't meant that's the hearing court. Northampton is merely the admin centre handling early stage, not a court.

Do I need to contest jurisdiction in my AOC?

No. Read post 2 of the NEWBIES thread and the template defence (we won't link them).

Show us the Claim form. Data redacted.

Le_Kirk

Include the date of issue, then we can give you some advice about deadlines.

Gr1pr

Its AOS, where S is Service, not AOC, BUT you could do it tomorrow if you wish but today is ok if necessary

You dont need a solicitor

Your 9 paragraph defence is missing paragraph 3, they are almost always 10 or more

The double recovery is about the additional £70 debt recovery that most claimants add, so should be objected to in any case that is higher than £212 ( most are between £260 and £330 )

Coupon-mad

"and going to see if I can find a solicitor tomorrow."

Absolutely NOT NEEDED and you can't get those costs back. Do NOT seek a solicitor.

Smellopee

Yes sorry, AOS. Was thinking of getting a solicitor to check where I stand in regards to the counterclaim I included in lower down or do you think it is strong enough as is? Not sure you are ok advising on counterclaims and compensations?

thanks for explaining the double recovery and yes forgot paragraph 10 below but I am wondering whether using your defence template is the best way forward as I want to consider counterclaim.

10. The Defendant seeks fixed costs (CPR 27.14) and a finding of unreasonable conduct and further costs (CPR 46.5). Parking cases now make up a third of all small claims which has overburdened HMCTS, causing the most CCJs of all sectors yet almost invariably discontinuing defended cases before hearings, which indicates a deliberate business model of systemic abuse and makes Claimants liable for costs (r.38.6(1)). Whilst this does not 'normally' apply to the small claims track (r.38.6(3)) the White Bookhas this annotation: '

Note that the normal rule as to costs does not apply if a claimant in a case allocated to the small claims track serves a notice of discontinuance although it might be contended that costs should be awarded if a party has behaved unreasonably (r.27.14(2)(dg))'.

Coupon-mad

No local solicitor will have the knowledge of the sector that we do, except if you want to ask Jackson Yamba at Contestor Legal.

They are parking case experts.

A counterclaim goes into a separate box on MCOL so can't be added within the defence.