County Court Claim from PCM Private parking ticket

[Lestweforget]

Hi, I received a Claim Form from the County Court Business Centre, Northampton, the claimant is PCM. The area parked in is in front of a park, the road had no markings and although there were bays, these were also unmarked. The driver didn't notice the signs until afterwards, they were there for 10 minutes, I as registered keeper ignored the letters etc, I have now acknowledged the claim through MoneyClaim, can someone help with a defence, please.

[ostell]

Well the first thing is to edit that post so that the identity of the driver cannot be inferred. Next is use the details and password on the form to acknowledge the claim. Do not put anything in the defence, This gives 33 days from date of issue to get your defence to the court,

Next is to post up a suitably redacted windscreen ticket and the Notice to keeper that followed it. Without knowing the details how can we reasonably be able to help with the defence?

Photographs of the location might be helpful, as well as a ling to that location using Google Maps

[Lestweforget]

Thank you for your help, I have attached the ticket and Notice to Keeper letter along with images of the location.
Google Maps link: https://www.google.co.uk/maps/place/...7!4d-0.4558936

I have acknowledged the claim.

[ostell]

First glance is that the signage is saying "No Unauthorised Parking". This strikes me as a forbidding sign and therefore there is no offer of a contract to park for those unauthorised and therefore there can be no breach of a non existent contract. I can't read the rest of the sign so that will be important.. Can the driver get back to take a picture of the sign?

There does not seem to be a definition of "a restricted area" nor are they physically defined so even if a contract isz in existence how can you be in breach of something that is not stated nor defined?

The Notice to Driver does not contain the details required by POFA, at first glance there is no period of parking, Similarly the Notice to Keeper is missing the same information as well as misquoting POFA by saying that the keeper is required to, which is not what 8 (2) (e) says. The rest of 8 (2) is either missing or not in the prescribed form. Not in the prescribed form = no keeper liability.

There is no identification of the creditor as required by 8 (h). They specify that they are an agent of the landowner but who is that landowner? There are specific rules about the actions of an agent on behalf of the principal which I can never remember but no doubt someone else will help,

Is the court claim for more than the £100? If so then that is not allowed. POFA 4 (5). That is even if a contract to park is deemed to exist.

[Lestweforget]

Hi, please see attached image of the PCM sign. The court claim consists of the parking fine, £160.00 plus £9.44 interest, £25.00 Court fee, £50.00 Legal costs, total £244.44 with interest accruing daily. Thanks again

[ostell]

That sign is not the same as the one that is in the June 2017 Street maps view, the one that you see directly as you drive in. That definitely said, at the time, no unauthorised parking. Is that one still there? I can't fully read it, just the main line.

[Lestweforget]

I'll take a picture of that sign, back to you shortly. In the meantime can you help with another problem, the Acknowledgement of service has been rejected, signed by a third party. The acknowledgement was online and the system won't allow a further response, using the Claim No. and password, comes up with 'claim number or password is incorrect'. I can however access 'Start Defence' so I am guessing the acknowledgement is a one off. Should I post a corrected acknowledgement?

[Kati]

Amethyst should know the email address and telephone number for the court Lestweforget (I've tagged her) ... hopefully you'll be able to get hold of the court and sort it out xx

[Lestweforget]

The sign has been updated, so its the same as the image already sent. Emailing the court, thanks