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Ocean Parking Whitefield Metrolink
Just contributing to the threads on here regarding Ocean Parking and Metrolink car parks, particularly people caught out by the No Overnight Parking rule. I'm helping an acquaintance who received a PCN Feb 2025 as the car had been left in the free car park at Whitefield due to the driver missing the last tram home. After the usual back and forth letters from Ocean Parking, Trace Debt Recovery and one letter from Moorfield Legal in July 2025, we were confident that Ocean Parking don't do court, as no-one else on here seems to have got that far. However, we received a Claim Form out of the blue last week. We've acknowledged service and will be submitting a vigorous defence soon based on the below (and more);
-Not relevant land according to Sch 4 POFA (2012) as the land is a public highway owned by Transport for Greater Manchester (TfGM) where byelaws apply. Keeper liability therefore does not arise.
-'No overnight parking' is a forbidding term and does not form a contract as there has been no offer of parking therefore no acceptance or consideration. Also unclear term, how can a car parked at 01:30am be defined as overnight parking?
-'Parking outside of tram service hours' is an unclear term, does this mean if the first tram is at 6.00am and you arrive in the car park at 5.30am then you can't park until the tram starts? Tram service hours are not displayed anywhere and therefore a driver is unaware of the terms at the time of parking and cannot have accepted the contract.
etc etc
Particulars of Claim attached
Comments
-
Standard dross.
Your plans for your para 3 look good to me.
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