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  • FIRST POST
    • Hip7559
    • By Hip7559 8th Jan 18, 12:25 PM
    • 14Posts
    • 2Thanks
    Hip7559
    Britannia Parking, to late to use MSE?
    • #1
    • 8th Jan 18, 12:25 PM
    Britannia Parking, to late to use MSE? 8th Jan 18 at 12:25 PM
    Hi, after reading the sticky i noticed that it states never tell them who was driving the vehicle, or give them any information. Before coming to MSE i sent an appeal to Britannia Parking, which on their website you have to input your details, in which it states i was driving the vehicle.

    With it being an honest mistake and i wanted to be very honest about the situation have i dug my hole to deep that i cant get out of this parking ticket?

    In a nut shell i drove from Manchester to Chelmsford, due to delays it took me approximately 6 hours to get to the Travel Lodge hotel, when i drove into the car park it was dark, i was tired and i did'nt notice the parking meter was this high tech camera operated that takes pictures when you enter and leave. When i go to reception i asked staff if i could need to get a ticket with it being midnight, its off peak and i would'nt expect any parking wardens to be walking around. Staff said no, but to get one in the morning. Which is what i did as soon as i got up.

    I complained to Travel Lodge who apologised and said if i pay the parking charge they will refund me as staff should have told me to get a ticket. They said the parking is privately owned and they arn't very good when it comes to appeals. They were great.

    Should i just pay them and get the refund. Or stick to my guns and not pay?
    Reason i ask is Britannia Parking have my personal details i provided on their website when i appealed.

    The reply looked automated, had pictures of their signs on a nice sunny day (wasn't that sunny at midnight).

    Thanks
    Lee
Page 2
    • Hip7559
    • By Hip7559 5th Jul 18, 4:37 PM
    • 14 Posts
    • 2 Thanks
    Hip7559
    Important, Do Not Ignore This Letter?
    Hi guys, with the help of this website i have kept my cool and not gone into a blind panic (so thank you for your help)
    I have received this letter from SCS Law;

    We write further to our previous letter Before Claim sent to you dated 27th April 2018

    As no agreement has been reached between the parties, our client, Britania Parking Group Ltd, has instructed us to issue count court proceedings to recover the unpaid packing charge notice after 14 days from the date of this letter.

    Please treat this letter as the required notice pursuant to paragraph 8.2 of the Pre-Action Protocol for Debt Claims

    For details on how we use your personal data, please see our privacy Notice which is located at --------

    Yours sincerely
    SCS Law

    Should i still ignore?
    • Coupon-mad
    • By Coupon-mad 5th Jul 18, 4:51 PM
    • 63,887 Posts
    • 76,545 Thanks
    Coupon-mad
    If you like.

    Wait for a claim, and spend the time reading the NEWBIES thread, in readiness.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
    • Castle
    • By Castle 5th Jul 18, 5:28 PM
    • 2,010 Posts
    • 2,714 Thanks
    Castle
    Whilst waiting for the claim, send Britannia Parking Group Ltd, Zenith and SCS Law a SAR.
    • Umkomaas
    • By Umkomaas 5th Jul 18, 9:34 PM
    • 20,250 Posts
    • 31,946 Thanks
    Umkomaas
    Whilst waiting for the claim, send Britannia Parking Group Ltd, Zenith and SCS Law a SAR.
    Originally posted by Castle
    https://forums.moneysavingexpert.com/showthread.php?t=5849784
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Hip7559
    • By Hip7559 10th Jul 18, 12:21 PM
    • 14 Posts
    • 2 Thanks
    Hip7559
    Great, thank you. I'll get these typed up and post them out. Will keep you posted.
    • Hip7559
    • By Hip7559 26th Jul 18, 10:32 AM
    • 14 Posts
    • 2 Thanks
    Hip7559
    Claim Form Received
    Morning

    I had this Claim Form come through the post from SCS LAW, on the top right is a court address with contact number and what looks to be a “The County Court” stamp, however this is just a digital stamp, doesn’t really look authentic. It Reads
    “In the County Court Business Centre
    Claim Number:
    Issue date: 24 July 2018”
    Then the address.

    The Particulars of the claim
    The Claimant seeks £100 from the defendant in respect of an outstanding parking charge. On 15/11/2017 the defendant’s vehicle, registration number xxxx was parking at Chelmsford – Army and Navy 128 Parkway Chelmsford CM2 7PU (‘the site’). Parking at the site was offered subject to the claimant’s terms and conditions which were displayed on signage throughout. These terms and conditions were accepted by the Driver of the vehicle when they parked at he site (‘the agreement’). The driver breached the agreement b y failing to clearly display a valid ticket for parking at the site below:
    Date:15/11/2017
    Ticket Number xxxx
    Amount of charge: £100
    The defendant has failed to pay the aforementioned charge at the time of issue.

    It says I can reply to the form by mail or online at www.moneyclaim.gov.uk
    • Quentin
    • By Quentin 26th Jul 18, 10:35 AM
    • 37,942 Posts
    • 22,056 Thanks
    Quentin
    You have a claim


    See #2 in the newbies faq thread for advice on how to deal with this


    Start by getting up to speed with AOS before you send anything to MCOL!!


    (If you have used your real name as your board name then you need to get MSE to change it to something totally anonymous - the ppcs monitor this forum and can use posts in it against you)
    Last edited by Quentin; 26-07-2018 at 10:39 AM.
    • Hip7559
    • By Hip7559 22nd Aug 18, 10:25 AM
    • 14 Posts
    • 2 Thanks
    Hip7559
    Reading through the FAQ (which helped thanks)
    Judgment for Claimant recieved (asking me to pay £197)

    I'll put together a draft for MCOL, or the PPC again following #2 (Been working away, not been able to do much)
    • Umkomaas
    • By Umkomaas 22nd Aug 18, 10:30 AM
    • 20,250 Posts
    • 31,946 Thanks
    Umkomaas
    I'll put together a draft for MCOL,
    What sort of 'draft' are you thinking about? The court has found against you. It needs paying in order to avoid a default CCJ. Or you could apply for a set aside (costs you £255), but you'll need a good reason (excuse) for not dealing with the claim at the time for a Judge to even consider a set aside. If it's not granted, your £255 is forfeited and you'll still have the £197 to find.

    'Working away' doesn't seem that strong a point to me.

    Wait to see what others say.
    Please note, we are not a legal, residential or credit advice forum, rather one that helps motorists fight private parking charges, primarily at the 'front-end' of the process.
    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.
    • Hip7559
    • By Hip7559 22nd Aug 18, 10:54 AM
    • 14 Posts
    • 2 Thanks
    Hip7559
    I have the claim No. (top right)

    But no Defence Pack Password,

    Nothing on the bottom right, only 2 things that are separate / looking like a password is the Ref Number, and in the centre right of the page, small print 35 digits which doesn't work either.

    The Judgment For Claimant letter is only one sided, 1 piece of paper.
    • Hip7559
    • By Hip7559 22nd Aug 18, 11:03 AM
    • 14 Posts
    • 2 Thanks
    Hip7559
    Its not a strong point I know, not the sort of thing you would use, just an excuse.

    Im presuming then (my evidence and letters are at work) the letter i had from SCS Law previously with the claim number on would have the Password.

    So i guess the only question is, i should just suck it up and pay it?
    Sending the infomation to MCOL should have been done prior.
    • nosferatu1001
    • By nosferatu1001 22nd Aug 18, 11:36 AM
    • 3,921 Posts
    • 4,720 Thanks
    nosferatu1001
    You CANNOT FILE A DEFENCE NOW

    It is too late
    WAAAAAY too late

    You have lost. You have two choices now

    1) Pay up, in full, within one month of the default judgement date. Fail to do so within one month, it stays on your credit file for six years. You will not be able to obtain credit.

    2) Apply for a set aside, costing £255. You will need a good reason why you did not reply within 14 days. "working aaway" is unlikely to be a good reason.

    If you had just gone online, on the 26th, and filed your acknowledgment, you would still havea few days left to submit a defence.
    Guess this is a learnign point for you in future.
    • Loadsofchildren123
    • By Loadsofchildren123 22nd Aug 18, 12:17 PM
    • 2,427 Posts
    • 4,042 Thanks
    Loadsofchildren123
    You found your way here (good)
    You told us that SCS said a claim was going to be issued (good so far)
    You were advised to prepare by reading the Newbies information about claims (good)
    When your claim came you were referred again to the newbies thread, specifically post #2 which walks you through the process and tells you what to do on receiving a claim, and when (good)
    You appear to have ignored all of that and have now received judgment in default. (bad)


    Where a party does not file an AoS saying they intend to defend, or does so but then doesn't file an actual defence, then the Claimant is entitled to judgment in default (ie to win their case because you haven't defended it).


    The grounds to apply to set aside a default judgment are very narrow. You need to explain why you didn't file anything. I was away and I was busy will not cut it. Normally things like the Claimant using the wrong address or you being away AT THE TIME THE CLAIM WAS RECEIVED might work. The point is that you received the claim and were well aware of it well in time to file the Aos/Defence. The whole point of MCOL is that the initial stages are all done online. So being away abroad is not an excuse. Even if it was - eg you could show you were going away between x dates and you would be in a place with no internet access - you'd be expected to have contacted the Claimant and arranged/agreed an extension fo time to file your defence. The AoS takes minutes to fill in, I can't see any reason at all why you didn't do that.


    Why oh why when you'd found your way here and received advice did you just do nothing?


    I can't see that you have any real option here but to pay before the 28 days is up.
    Last edited by Loadsofchildren123; 22-08-2018 at 12:36 PM.
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Loadsofchildren123
    • By Loadsofchildren123 22nd Aug 18, 12:19 PM
    • 2,427 Posts
    • 4,042 Thanks
    Loadsofchildren123
    And what password?
    You make your own password for MCOL when you first register. You aren't given one (as far as I recall).
    Although a practising Solicitor, my posts here are NOT legal advice, but are personal opinion based on limited facts provided anonymously by forum users. I accept no liability for the accuracy of any such posts and users are advised that, if they wish to obtain formal legal advice specific to their case, they must seek instruct and pay a solicitor.
    • Belle2001
    • By Belle2001 1st Nov 18, 7:27 PM
    • 1 Posts
    • 0 Thanks
    Belle2001
    Hi I can’t work out how to start a new thread so I am responding to this one as it relates to brittania. Cut a long story short back in 2017 I had numerous fines for the car park next to the station because the machine wasn’t working (I have video evidence). I didn’t have access to a mobile at the time therefore couldn’t pay on the APP. These have built up to 935 and I have a claim form from county court come through today I have until 13th November to respond. Is me having the video evidence enough? I also emailed them back and forth last year about the machine and they promised to get the site manager to call me as everyone was having problems and they never did. FYI SCS law are representing them. Thanks to whoever can help me really appreciate it.
    • KeithP
    • By KeithP 1st Nov 18, 7:39 PM
    • 10,671 Posts
    • 11,059 Thanks
    KeithP
    Hi I can’t work out how to start a new thread...
    Originally posted by Belle2001
    Start your own thread by clicking on this blue button:

    Please also delete your posts on this thread. Thanks.
    .
    • Coupon-mad
    • By Coupon-mad 1st Nov 18, 7:50 PM
    • 63,887 Posts
    • 76,545 Thanks
    Coupon-mad
    Please don't start a new thread BEFORE reading the 2nd post of the NEWBIES PLEASE READ THESE FAQS FIRST sticky thread.

    Please don't post without reading that - first - and doing the online Acknowledgement of Claim the thread show you how to do, in pictures. THEN post if you still have questions while drafting your defence.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT UNLESS IN SCOTLAND OR NI
    TWO Clicks needed Look up, top of the page:
    Main site>>Forums>Household & Travel>Motoring>Parking Tickets Fines & Parking - read the NEWBIES THREAD
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