Claim form

brighton74

This is Premier parks photo…They are both my vehicles… That why I have 3 tickets, 2 on the car an 1 on the van…28th Nov 23 at 17:52 on the car… 28th Nov at 18:00 on the Van… 30th Nov (can’t find PCN for time). Sorry if this is confusing with so many tickets.

Coupon-mad

So is this thread about the van?

brighton74

Yes this post is the Van

Coupon-mad

Coupon-mad said:

brighton74 said:

Original letter 

Just to add before I forget on this one, Premier Park don't state a 'period of parking' in their NTK. 

Don't forget to add the above into your defence facts para 3.

brighton74

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper.

3.  Referring to the quantum in the POC: the claimed sum is hugely exaggerated (no PC can be £170 on private land and interest cannot accrue on that inflated total) and there were no damages incurred whatsoever. Regarding the pleaded case: Paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraphs 2, 3 and 4 are also denied. To the Defendant's knowledge, there was no contravention and any purported terms on signs were likely inadequate. The Claimant is to put strict proof of all of their allegations. The Defendant is not liable and has seen no evidence of a breach of prominent terms.

4.The entrance signs are inadequately positioned in a badly lit area covered by a tree. There are 2 parking companies operating in the same car park, Premier park have signs that are partially covered by vegetation and One parking Solution signs are bleached by sunlight.

BPA‟s Code of Practice (18.2) states: “Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of.” 

BPA‟s Code of Practice (18.3) states: “Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.” BPA‟s Code of Practice (Appendix states: “If you think there are other circumstances where it is impractical or undesirable to have an entrance sign, you must tell us in advance and get our approval to amend the sign or not have one.” 

“Signs should be readable and understandable at all times, including during the hours of darkness or at dusk if and when parking enforcement activity takes place at those times. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit, we suggest that it should be made of a retro-reflective material” 

5.A parking charge notice must clearly state the period of parking. Premier park do not state ‘period of parking’ in their NTK - Brennan v Premier Parking Solutions. Plymouth Court, on appeal to HHJ Mitchel) ref H6DP632H, 21/8/2023 (finding: no period of parking on a NTK meant that it was a non-compliant notice and a keeper could not beheld liable)

brighton74

The facts known to the Defendant:

2. The facts in this defence come from the Defendant's own knowledge and honest belief.  Conversely, the Claimant sets out a cut-and-paste incoherent and sparse statement of case. The POC appear to be in breach of CPR 16.4, 16PD3 and 16PD7, and fail to "state all facts necessary for the purpose of formulating a complete cause of action". The Defendant is unable, on the basis of the POC, to understand with certainty what case, allegation(s) and what heads of cost are being pursued, making it difficult to respond. However, the vehicle is recognised and it is admitted that the Defendant was the registered keeper.

3.  Referring to the quantum in the POC: the claimed sum is hugely exaggerated (no PC can be £170 on private land and interest cannot accrue on that inflated total) and there were no damages incurred whatsoever. Regarding the pleaded case: Paragraph 1 is denied. The Defendant is not indebted to the Claimant. Paragraphs 2, 3 and 4 are also denied. To the Defendant's knowledge, there was no contravention and any purported terms on signs were likely inadequate. The Claimant is to put strict proof of all of their allegations. The Defendant is not liable and has seen no evidence of a breach of prominent terms.

4. The entrance signs are inadequately positioned in a badly lit area covered by a tree. There are 2 parking companies operating in the same car park, Premier park have signs that are partially covered by vegetation and One parking Solution signs are bleached by sunlight.

BPA‟s Code of Practice (18.2) states: “Entrance signs play an important part in establishing a parking contract and deterring trespassers. Therefore, as well as the signs you must have telling drivers about the terms and conditions for parking, you must also have a standard form of entrance sign at the entrance to the parking area. Entrance signs must tell drivers that the car park is managed and that there are terms and conditions they must be aware of.” 

BPA‟s Code of Practice (18.3) states: “Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.” BPA‟s Code of Practice (Appendix states: “If you think there are other circumstances where it is impractical or undesirable to have an entrance sign, you must tell us in advance and get our approval to amend the sign or not have one.” 

“Signs should be readable and understandable at all times, including during the hours of darkness or at dusk if and when parking enforcement activity takes place at those times. This can be achieved in a variety of ways such as by direct lighting or by using the lighting for the parking area. If the sign itself is not directly or indirectly lit, we suggest that it should be made of a retro-reflective material” 

5. A parking charge notice must clearly state the period of parking. Premier park do not states ‘period of parking’ in their NTK - Brennan v Premier Parking Solutions

Plymouth Court, on appeal to HHJ Mitchel) ref H6DP632H, 21/8/2023 (finding: no period of parking on a NTK meant that it was a non-compliant notice and a keeper could not beheld liable)

6. Terms and conditions on Premier Park sign ‘If you enter or park on this land contravening the above terms and conditions, you are agreeing to pay:  PARKING CHARGE NOTICE (PNC) £100.00               

This land is a cut through road between Ellen St and Goldstone st, With businesses receiving delivery’s all day. There are also 2 parking companies operating this land so ‘If you enter or park on this land’ cannot apply.

Coupon-mad

Yes that'll do. Within the template defence.

You could also add that the Claimant's tiny t&cs signs are placed only very sparsely on the Industrial House building, two cars high on an unlit wall way above head height. Even if they could be seen in the dark, the terms offer nothing of value to a non-permit holder, thus the elements of a contract do not exist.

brighton74

BW Legal letter saying they intend to proceed

brighton74

Notice of Proposed Allocation to the small Claims Track

Coupon-mad

brighton74 said:

Notice of Proposed Allocation to the small Claims Track

All normal.

If you want to make a difference to stop this utter scammery in future:

Stick around in August to take part in the Government's Public Consultation. We have an important thread about that and we need ALL Defendants to respond to the questions to shape the regulation of this rogue industry.

Please come back in a couple of weeks. Bookmark the thread on the Public Consultation. Go read it now, please.