LBC-puchased ticket after grace period

Pabbo · 11 March 2019 at 8:29PM

I have received a LBC as the registered keeper and would appreciate some advice. The driver using the car park for the first time was aware that they would have to pay the maximum charge for the day. As "the driver" was early for work they waited in the car for more than 10 minutes before purchasing the ticket. I received the PCN declaring the ticket had not been purchased within the 10 minute grace period. The parking company rejected my appeal that the ticket allowed parking for 12 hours and the vehicle vacated the car park a number of hours before that. The driver was not aware of any clear signage at the entrance to the car park at that time, but it appears there are now signs there. The charge seems unreasonable, but am I likely to get this thrown out if I go to court?
Thanks

onlyfoolsandparking · 11 March 2019 at 8:33PM

How long after the 10 minutes 'grace period' was the ticket purchased?

Coupon-mad · 12 March 2019 at 1:42AM

You haven't said which PPC, and whether POPLA has been offered.

Pabbo · 12 March 2019 at 10:40PM

Thanks for the reply
HX car park management. They offered appeal to IAS not POPLA. I did not take up this appeal.
The driver did not purchase the ticket for around 19 minutes.

Coupon-mad · 13 March 2019 at 12:05AM

OK, good, we almost always beat Gladstones/HX cases. See the NEWBIES thread.

Pabbo · 15 April 2019 at 2:20PM

I have now received a County Court claim form and am in the processes of compiling a defence. I will be grateful for any advice.
A couple of questions before I post this:
1. Do the car park company have an obligation to show the signage that was present at the time of the incident? As we believe more obvious signage has been erected.
2. Do i need to state in the defence that the charge was incurred for not paying within the grace period?

I have based this on one of the templates:

1. The Defendant denies that the Claimant is entitled to relief in the sum claimed, or at all.

2. The facts are that the vehicle, registration XXXX, of which the Defendant is the registered keeper, was parked on said date in a marked bay and paid the maximum charge for the day. This payment allows for 12 hours parking and the vehicle was parked for 9 hours 16 minutes.

3. The terms on the Claimant's signage are displayed in a font which is too small to be read from a passing vehicle and is in such a position that anyone attempting to read the tiny font would be unable to do so easily. It is, therefore, denied that the Claimant's signage is capable of creating a legally binding contract. Additionally, it is noted that new signs have since been erected at the entrance to the car park: suggesting that HX were fully aware of this inadequate signage.

4. The Claimant is put to strict proof that it has sufficient proprietary interest in the land, or that it has the necessary authorisation from the landowner to issue parking charge notices, and to pursue payment by means of litigation.

5. The Protection of Freedoms Act 2012, Schedule 4, at Section 4(5) states that the maximum sum that may be recovered from the keeper is the charge stated on the Notice to Keeper, in this case £100. The claim includes an additional £60, for which no calculation or explanation is given, and which appears to be an attempt at double recovery.

6. In summary, it is the Defendant's position that the claim is without merit, and has no real prospect of success. Accordingly, the Court is invited to strike out the claim of its own initiative, using its case management powers pursuant to CPR 3.4.

I believe the facts contained in this Defence are true.

Name
Signature
Date

The_Deep · 15 April 2019 at 2:44PM

They are trying to scam you. Let them take you to court where a judge will, I am sure, see through it, and perhaps even award you CPR27.14(2)(g) costs.

Also get your MP on side, they are very familiar with this scan. On 15th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

KeithP · 15 April 2019 at 3:31PM

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

Coupon-mad · 15 April 2019 at 6:22PM

That defence looks good - says what it needs to.

A couple of questions before I post this:

1. Do the car park company have an obligation to show the signage that was present at the time of the incident? As we believe more obvious signage has been erected. Yes, in their Witness Statement later.

2. Do i need to state in the defence that the charge was incurred for not paying within the grace period? No, I wouldn't write the Claimant's case for them.

The_Slithy_Tove · 15 April 2019 at 6:27PM

Pabbo wrote: »

1. Do the car park company have an obligation to show the signage that was present at the time of the incident? As we believe more obvious signage has been erected.

As well as what C-M has said, your point 3 should also assert that the signage does not specify when a ticket must be purchased. It's then for the claimant to disprove that by showing the actual signage that was there on the day, and that it really does say when a ticket must be purchased.
If you don't ask, you don't get.

Pabbo · 21 April 2019 at 1:00PM

The issue date was 8th April.

LBC-puchased ticket after grace period

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