Ocean Parking Whitefield Metrolink

traceynob

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

whitefield metrolink.jpg

Coupon-mad

Standard dross.

Your plans for your para 3 look good to me.

Car1980

Entrance sign appears to offer Overnight Parking for Passengers. No full stop. Same type size. Small print underneath.

The equivalent of a sign saying "FREE PARKING" in big letters
and "for red cars" in smaller type underneath.

Consumer Rights Act 2015:

69. Contract terms that may have different meanings

(1)If a term in a consumer contract, or a consumer notice, could have different meanings, the meaning that is most favourable to the consumer is to prevail.

Car1980

Same with the other signs (terrible Streetview pic). Parking for Metrolink passengers only is the key term.

Doubt it will go to a hearing, especially with it being Manchester, but for Witness Statements I find mocking up a clear sign helps the judge see the difference between an essay trick-sign and one designed to reduce the number of tickets. Otherwise the judge will just read the words on their A4 paper an inch from their face and decide it's "clear enough".

traceynob

Just an update, still going through court as far as we are aware, however Moorside have sent a letter saying 'further to your defence, please note that the claim will continue at this stage unless further evidence is received to support your position'!!? Surely that's the point of court, so everyone can present their evidence?

Gr1pr

Correct, but expected, as mentioned in the 8 steps in the defence template thread in announcements

Car1980

Yes, court is a last resort for them and not profitable for a single ticket. The whole point is to make you cave, so they still email, phone and write to pressurise you. The whole process is pointless if any discontinuance isn't left until the last minute.