Preparing a defence at county court

Coupon-mad

Coupon-mad said:

Wow!

innocentparker said:

History

August 2024, I parked my car at the rear of a pub/shopping centre while I met a pal, all of 21 minutes. 

90% of the car park is owned by the pub but the remainder is controlled by Parkmaven. 

Parkmaven signage allows 45mins free parking but any longer then you need to scan the QR code and input your reg. There is no payment required. 
An ANPR camera takes images of every car entering and leaving the car park. 

There’s no cctv that determines whether you parked in the controlled area or not.

I received a notice claiming I had parked for 24hrs and 21 minutes. It was clear to me that the ANPR camera was faulty and had added 24hrs to the parking session. 

I spoke with the pub landlord who explained that a countless number of his customers had been issued fines incorrectly along with shoppers etc on a regular basis. I also discovered the local community FB group were up in arms about the parking issue and that the local MP was working with the community to cancel tickets issued incorrectly due to the faulty ANPR camera. 

I followed incorrect and bad advice and didn’t appeal the PCN in the time allowed. 

I’ve recently contacted My MP who has informed me that the land owners accepted that the camera was faulty and they had deactivated the camera in June this year until they’re confident it’s rectified.

My MP has since wrote to Parkmaven to request my PCN be cancelled highlighting the above as my defence, however Parkmaven will not cancel the PCN. 

The matter has escalated and I had a mediation phone call this week from the county court.  Parkmaven asked for £200. I stated I wasn’t prepared to pay as I had documentation to confirm that the ANPR camera is in-fact faulty. 

. Currently my defence hangs on the fact that the ANPR camera owners (LCP) have accepted via email to my MP that the camera has been faulty (albeit several months after my PCN) 

. I live 200m away from the parking area therefore it’s unlikely I would park my car there rather than on my driveway. (week argument but true) 
. Countless other residents (probably 50-100) have also been issued PCNs due to the faulty camera. This is what I’ve read on the local community FB group. Is it even worth exploring this as further defence to back up my evidence.? 

. I can’t prove that I wasnt parked there for that amount of time but hopefully I can prove that the camera is faulty. 

Any advice appreciated. 

Just wow! You should have counterclaimed for a few hundred. What a shame you didn't!

DCB Legal will string you along then they'll cancel by discontinuing. Hence why you should have done a counterclaim to force the case to a hearing and make some money.

No matter. It'll be discontinued anyway.

Please show ALL this evidence to the MHCLG as part if the Public Consultation, including the fact that they've sued you despite the ANPR fault evidence and your MP's intervention.

Is this place in any news articles? Show us.

And this month, we need you:

PLEASE bookmark this thread below and do the government's Public Consultation if you haven't done it yet. Their proposals are wrong. We must stop them.

See this thread: -

https://forums.moneysavingexpert.com/discussion/6617396/parking-code-of-practice-consultation-8-weeks-from-11th-july-2025/p1

We need every poster to come back & complete this vital Consultation before the deadline! Just 2 weeks left but please don't rush it. You can do some then save it and come back to it as you have time.

People like you have lived & breathed the intimidation, greed and unfairness first hand so your voice is needed!

innocentparker said:

@Gr1pr @coupon FYI 

MP intervention letter. 

Thanks for that.

PLEASE submit this dynamite evidence and letter in an answer to the Public Consultation. 

Up to you which question you decide it suits best. I've provided guidance and ideas re the first 20 questions and I will be back to add more guidance tomorrow.

innocentparker

I’ve now got a hearing date for a small claims track/hearing in 3 weeks time.

 I’m required to send in all the evidence. 

My defence was hinged on faulty ANPR cameras of which I have detailed previously however I have some potential new legal support. 

I’ve recently been made aware of Schedule 4 of the Protection of Freedom Act 2012 in particular
 ”no contract exists for those using a public right of way to access a third party site (pub car park)
To reiterate the pub car park itself has no parking restrictions for customers.
Parkmaven control the White area left of the ‘Public right of way’ 
The access road to the pub car park is a public right of way and the ANPR cameras are on that road. I believe I had lawful access to the pub car park as a visiting pub patron. 

Image attached. 

A = Entry and exit to the complex.
B = Where I parked 
C = Camera position 

Car1980

Can't see that in the POFA?

When do they have to pay their hearing fee?

innocentparker

Car1980 said:

Can't see that in the POFA?

When do they have to pay their hearing fee?

Agree. It’s not a direct lift from POFA however operators can only pursue vehicle keepers for unpaid parking charges where a contact was formed and signage was clear. In this instance : No contract exists for those using a public right of way to access a third party site (the pub car park) Patrons of the pub do not use the paid parking, nor is consent needed to pass through it when exercising lawful access. The land registry document confirms the pubs legal access rights and the current signage does not negate this legal easement. Issuing PCNs for right of access use constitutes an unreasonable and misleading business practice. 

Evidence required by 21 Oct, hearing fee required by 6 Nov. 

Coupon-mad

Don't bust a gut. Like I said:

DCB Legal will string you along then they'll cancel by discontinuing. Hence why you should have done a counterclaim to force the case to a hearing and make some money.

No matter. It'll be discontinued anyway.

innocentparker

@Coupon-mad

How would I go about a counter claim ? 

Le_Kirk

A counterclaim is done at the same time as the defence. There is a fee to pay.  Note that @Coupon-mad wrote "you should have done a counterclaim" so I suspect you are too late now.

innocentparker

Update
I have received an email from DCB  (the first email from them ) with an offer, significantly reduced amount . I have no intention of paying them anything at all. 

How should I respond. Should I respond ? 

Car1980

Ignore them. This is what they do just before they discontinue!

innocentparker

I’ve got a couple of statements and exhibits to send through to the county court. 

Does the claimant get the opportunity to look at those documents prior to paying the £27 court fee ? If so, do I get an opportunity to look at the claimants evidence ?