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Parking Court Claim - effect on credit rating if CCJ issued?

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  • Parking Court Claim - effect on credit rating if CCJ issued?

    I would be grateful for the forum's advice.

    In February 2018 I was issued with a PCN by UKPC. I had visited a soft play centre in a local bowling alley with my daughter. I was a regular customer there and parked up in the car park as usual for about an hour. A week or so later I was surprised to receive a PCN in the post for £100, reduced to £60 if I paid within 14 days. This was because the car park was for registered users. I was completely confused about this, as I did not notice any signs when I entered the car park and didn't know what they meant by registered users so I appealed the ticket. I also sent evidence via a credit card statement that I had used the soft play centre, as they requested. UKPC offered to reduce the fine to £15 as a gesture of goodwill but I was unhappy with this so appealed to POPLA.

    UKPC submitted evidence to POPLA from which I was finally able to understand why they had issued a PCN. The bowling alley had entered into a contract with UKPC a few months before.

    Small signs had been placed in the car park stating no unauthorised parking and in tiny font below it said registered users only with no clarification as to what that meant. These signs were small and positioned in such a way that they were not obviously visible on entering and parking - on fences under conifers etc, on a post by a junction so I didn't see them. UKPC provided a photo of a tablet at the main reception desk where you were supposed to input your car registration number. The bowling alley has 2 receptions though, I used the one for soft play where there was no tablet for inputting your registration, and I was not informed by staff that I needed to do so. From my research, it turns out that the day of my visit was the first day of operation of the parking scheme.

    POPLA rejected my appeal. Since then I have continued to receive letters from various debt collection companies asking me to pay but I have not responded.

    Many other people have been affected by the parking system at this particular venue. There are dozens of reviews on their facebook site, google reviews and tripadvisor where customers have reported unexpectedly receiving PCNs after using the venue, because they did not see the UKPC signage and were not aware that they needed to register their car registration plate. In March 2020 the venue announced on their facebook site that they had stopped using UKPC because of all the issues and apologised to customers.

    I have now been issued with a county court claim. They are asking for £175.26 + £35 court fee + £50 legal representative cost. I would like to defend this on the basis that their signage was inadequate and therefore I did not enter into a contract, as evidenced by the many other people that have been caught unawares and photographic evidence of the signs, their wording and the positioning of them within the car park which were provided in UKPCs submission to POPLA, which I have saved a copy of.

    I feel that the parking companies are now using tactic of court process and the threat of a CCJ being issued that may affect credit score to extort even more money from motorists, as evidenced by the number of threads on this forum.

    My only concern is the effect that this may have on my credit rating, if I proceed with this and a CCJ is issued. I understand that if I pay within 28 days of a CCJ being issued that it will not appear on my credit record or affect my credit score if I apply to have it removed - is this correct? The issue is not the ability to pay the money, I strongly feel that this PCN has been issued unfairly and would like the matter to be heard in front of a judge, and I will of course pay immediately if directed to.

    Thank you
    Tags: None

  • #2
    Welcome to the world of private parking.

    Have you asked the venue to cancel the claim?

    The signs have to be obvious. Photos would help. Post up the PCN you received, suitably redacted but leave dates. With all the letter writing has the driver been identified?

    Two points. The signs say registered users only without saying what happens for unregistered users. Here's some screed about signs that say permit Holders" only. The same principles apply

    The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

    For the sum claimed then have a read of this case:
    https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

    Acknowledge the claim on, or shortly after, day 5 using the details and password on the form. Nothing in the defence. This gives you 33 days form the issue date to get your defence to court.

    You are correct in that if you lose nothing will be permanently added to your credit file.

    Comment


    • #3
      Thank you for replying.

      No I did not contact the venue. I followed the process set out on the PCNs that were sent to me. From reading posts on the venue's social media site, people who did contact the venue to get it cancelled were told it was out of their hands and directed to take it up with UKPC.

      The driver is identified as me, there is ANPR of my car entering and leaving the car park.

      I have attached photos of the signs. The registered users sign to alert that this was a controlled car park was positioned at a junction at the entrance to the car park which would only have been seen by looking up and away from the road. In their defence to my POPLA appeal UKPC used photos of other registered user signs outside a Matalan around the corner as evidence that there were signs indicating that the driver was entering a managed car park, but these were outside the jurisdiction of the venue as evidenced by the venue's site plans also provided by UKPC.

      The other signs with detail on them which I assume would form the basis of the contract were small and positioned in such a way as to be not easily visible and certainly not legible from a distance.

      Attached Files

      Comment


      • #4
        They have a photo of the car, how does that identify the driver.?

        Has the driver been identified in any of the letters?

        Comment


        • #5
          Yes I identified myself as the driver in my initial appeal to them.

          Comment


          • #6
            I was a regular user of the car park before the date of issue as I often visited the soft play with my children. According to the venue's Facebook page the parking came into effect on the 25th Feb 2018 which was the date of my visit. Below is from the BPA code of conduct 2018.


            18.10 Where there is a change in the terms and conditions that
            materially affects the motorist then you must make these
            terms and conditions clear on your signage. Where such
            changes impose liability where none previously existed then
            you must consider a transition to allow regular visitors to the
            site to adjust and familiarise themselves with the changes.
            Best practice would be the installation of additional/
            temporary signage at the entrance and throughout the site
            making it clear that new terms and conditions apply. This will
            ensure such that regular visitors who may be familiar with
            the previous terms become aware of the new ones.

            ​​​​​​​I believe that the signage did not comply with this. Does this carry any legal weight?

            Comment


            • #7
              Yes, in your defence you make it know that they failed to follow their own Code of Practise.

              They have 2 different conditions on the signs: "No Unauthorised Parking" and "Registered Users Only" which one is correct?

              Comment


              • #8
                I don't know. The language used on the sign is ambiguous. "Registered Users Only". Registered what, with whom, where and how? Nothing is specified.

                BPA Code of conduct 2018

                18.3 ...Signs must be conspicuous and legible, and written in intelligible language, so that they are easy to see, read and understand.
                Last edited by plummyjam1; 20th August 2021, 15:25:PM.

                Comment


                • #9
                  Signs are forbidding and confusing

                  Comment


                  • #10
                    Thank you for your thoughts so far. So just to clarify, if the sign at the entrance says Registered Users Only and I was not a registered user, then it is a forbidding sign and the terms of the contract would not apply anyway and the matter is therefore one of trespass to be taken up by the landowner? I am getting confused as well!

                    Comment


                    • #11
                      Yes, there is no offer of a contract to park and you were trespassing and only the landowner can take action

                      Comment


                      • #12
                        Thank you again. I'm sure this has been asked before, but just to ensure I have the most up to date version, is there a template defence anybody could link to?
                        Last edited by plummyjam1; 21st August 2021, 06:57:AM.

                        Comment


                        • #13
                          Update - I sent my defence in. Used the standard template, covering the main points about the double recovery etc, but also added lots of my own detail regarding the specifics of my defence. In summary, the day I received the parking ticket was the first day that UKPC had started operating the parking restrictions at Superbowl Macclesfield. The signage was extremely poor, and there was no keypad to put my vehicle registration number in at the reception I used.

                          After about 4 weeks, I received an email from DCB legal asking me to ring them to discuss settlement, I replied stating that I had no intention to settle as I was not liable to pay. Received a letter 4 days later to say that UKPC had discontinued the claim!!

                          Thanks for the advice.

                          Comment

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