I finally received the County Court claim after 5.9 years

dkl_uk

https://forums.moneysavingexpert.com/discussion/comment/81887047#Comment_81887047

Apendix B

One thing that drew my immediate attention is the fact one of the pages says it's £12 for all day parking, and one of them says £8 for all day parking. The bank snapshot I have from the day shows the £8 payment was made. As there's no context I have no idea as to why there are two all day payment terms.

Furthermore, their appeals process is clearly written here that an email must be sent to them. Frankly I have zero recollection of whether an email was sent and whether it was responded to. Considering it was lockdown I suspect there's a good mitigation here that an email was sent and nobody picked it up because the country shut down.

dkl_uk

https://forums.moneysavingexpert.com/discussion/comment/81887047#Comment_81887047

Appendix C:

Not entirely sure why they're sending a document dated 10/09/2024.

dkl_uk

https://forums.moneysavingexpert.com/discussion/comment/81887849#Comment_81887849

So for your A, B & C points they've included as part of Appendix D the original NTK showing the car and the arrival and departure times. As I've said throughout, payment was made but their ticket machine was not accepting some of the characters, so the reg couldn't be entered properly. I have a bank receipt from the person who paid for the ticket on the day.

I get what you're saying though, but I am not the expert here so if I'm going to make claims and suggestions about what should be happening, I need to feel confident I can argue the points and who to raise them to.

Coupon-mad

As it is QDR I would wait because they fight. You don't want them to do an application to amend their POC!

Is that the only landowner agreement?

dkl_uk

https://forums.moneysavingexpert.com/discussion/comment/81888137#Comment_81888137

That's it yes, no sign of any document prior to 2024 and certainly nothing that would be considered "live" as of March 2020.

Appendix A: BPA Code of Practice
Appendix B: Just contains print-offs of what I assume was their live signage
Appendix C: The amended contract in 2024
Appendix D: The NTK

Am I right in thinking the fact they made no rebuttal against my "I have paid, and the machine was broken" goes in my favour? It seems for my point #3 they completely ignored my statement and simply reiterated their view that I didn't pay.

With the statement I've made suggesting their machine was broken, does this mean they should be finding evidence to prove the machine was working? Or should I be finding this evidence with an FOI request?

Based on the length of the queue and how long it took every person to try to pay I am betting there were a few tickets and complaints regarding this specific issue.

Johnersh

In my view it is most unlikely that qdr will spend £255 on an application to amend when that exceeds the value of the dispute, but such varied opinion is why we evaluate in a forum. It is their amendment. The cost is on them.

It appears from the reply that they accept payment was made and (whilst unpleaded) may now pursue this for breach of terms - whether that be an overstay or incomplete reg is unclear, precisely because they have not pleaded a case (and that which they did now appears to be withdrawn).

If the PPC avers that the fee was different to that paid, might I suggest the o/p seeks photos of the signs in situ and a log of repair/replacement and any fee variations since the start of the contract.

If the PPC has a log of entry/exit, doesn't that also support that there was a decision to abandon the parking once it was not possible to enter the full reg?

The PPC is obligated to operate a working system so a log of any repqirs to the relevant payment terminal may prove to be informative.

dkl_uk

https://forums.moneysavingexpert.com/discussion/comment/81889090#Comment_81889090

I don't believe they are claiming the fee differs from what they expect (not in their original case anyway). They saw "no fee" whatsoever because their machine was broken. Payment was made but not registered to my reg, so they have the money but not who paid it.

What's odd is that Appendix B contains copies of signage that suggests the daily fee is both £12 and £8. I have proof of the latter being paid. But nothing has ever been written that suggests the payment was wrong, just that payment wasn't made.

So far I have made a note to comment that:
> In para 1 they refer to PoC dated 28.1.2026 - this does not refer to my claim form
> Reading the "Reply to defence" it would suggest that the solicitor has responded to the wrong claim as not only it is the wrong date but there are no paragraphs in the original POC.
> The solicitor has stated that she 'strikes out' paras 2 and 4 but they do not exist (see above)
> They need to apply to amend their case and pay the fee

And now with your additional points:
> seeks photos of the signs in situ
> and a log of repair/replacement
> and any fee variations since the start of the contract

dkl_uk

Hello again

I'm just filling in the PDF N180 form as per the guidance on a sticky.

I'm good with everything except the court address. I know at this point I have not selected a local court to me for the hearing, so is the court address still "civil national business centre" at this time?

Gr1pr

No, use Courtfinder to find your nearest civil court ( the CNBC is not a court )

dkl_uk

https://forums.moneysavingexpert.com/discussion/comment/81915619#Comment_81915619

Thanks for that. I've found my local court.

I just want to be clear; the N180 arrived with the "name of court" pre-stamped with the CNBC address. So at this time, this is where I am directing them to relay the case to a court nearer to me, overriding the one given by the parking firm solicitors in their form, yes?