Court Claim - Parking Control Management / - 17-11-2017

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

I'm afraid the only pictures I have around the time of the alleged contravention are the ones that have been provided by the parking company as evidence, and I don't seem to be able to save them. I will screenshot but that's the best I will be able to do

[charitynjw]

Re: Court Claim - Parking Control Management / - 17-11-2017

http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Here are the pictures from the day, which I have taken from the evidence provided by the parking company

[charitynjw]

Re: Court Claim - Parking Control Management / - 17-11-2017

Lol....were there any other pics taken of the car? (By PCM, that is).

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

two more very similar ones, I will sort and upload them now

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Here are the final two of the car. As you should see, they were taken a mere 4 seconds apart... not sure if that has any bearing but I thought it might be possible to argue not actually being parked? There is also a picture of one of their parking signs up high on a lamppost (not the one I've previously uploaded which is on the fence near to the spaces) and a random picture of what appears to be the sky (guessing that's of no use)

[charitynjw]

Re: Court Claim - Parking Control Management / - 17-11-2017

The pic of the sky is probably them searching for Divine inspiration.

Imho you may also have got them on grace periods.

They should allow a 'reasonable period' at the start of the parking event for the driver to find a suitable parking space, read signage etc.
They have to be able to evidence that it has been allowed....an 'observation' period, if you like.

IPC Code of Practice, page 12 (section 15)
https://theipc.info/uploads/-imXk-gE...une%202017.pdf

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Thank you. Would there be any other arguments that I could use? Does the sign create a contract? I need some suggestions on which areas to use in my defence so I can then write it.

[ostell]

Re: Court Claim - Parking Control Management / - 17-11-2017

Gladstones embarrassing PoC again. Do they state what the contravention was?

In the PepiPoo private parking forums there are many instances of Gladstones claims and suitable defences, including complaints about the poor PoC and asking that the case be stayed so that a proper PoC can be supplied.

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Thanks ostell. I have been having a look across several forums and see there are lots of options for defence. Can I use as many as I like, so long as they seem to fit my case? They haven't stated the contravention other than saying that I 'breached the terms of parking' and that's it

[ostell]

Re: Court Claim - Parking Control Management / - 17-11-2017

Here's a response someone made on Pepipoo

The defendant asks that the court strike out this claim on the basis that the claim form is vague and lacks pertinent information as to the grounds for the claimant’s case,
providing no facts that could give rise to any apparent claim in law.
The particulars of claim fail to meet CPR16.4 and PD16 7.3-7.5 and merely provide a date, due date, and an "amount" consisting of a completely unsubstantiated
and inflated three-figure sum, vaguely and incoherently adduced by the claimant's solicitors.
The claim also states "parking charges/ Damages and indemnity costs if applicable" which gives no indication of on what basis the claim is brought,
for example whether this charge is founded upon an allegation of trespass or 'breach of contract' or contractual 'unpaid fees'.

Should the court allow this claim to proceed then the Defendant objects strongly to the claimant's proposals that the case be heard on the papers alone.

The Defendant denies that the matter is relatively straightforward.

The issues in dispute include the strict rules of POFA 2012 as well as a potentially frustrated 'contract'.
As a litigant in person, the defendant is seriously disadvantaged against the claimant, a parking company that has employed its trade association's solicitor to prepare its documents.
The defendant will probably also wish to question the claimant regarding its witness statement and other documents.

The defendant therefore requests that the matter is transferred to his local court in accordance with the Civil Procedure Rules when the defendant is a consumer.

Slightly different to you as this was in response to Gladstones hearing on paper only request. The final result was that the judge threw out the case.

[mhj]

Re: Court Claim - Parking Control Management / - 17-11-2017

Thanks again ostell. I have been drafting the defence this afternoon so I will reword this to fit with it. Is it worth me posting my defence on here for someone to check before I submit it? Or would I be best placed doing that somewhere else?

[NW10171]

Hi
What has been the outcome of this please?
I have received something similar for parking in exactly the same place, except i had parked in front of the car that is in the images posted here. The owmer of that vehicle runs one of the businesses adjacent. I have not replied to three letters now, postal notification of parking charge, parking charge keeper liability and now one from a company called Trace debt recovery. Should i do anything or wait for a court letter?
Thanks

[ostell]

Start you own thread so that the two cases do not get confused. Post up the Notice you received, suitably redacted so that personal identifying details are redacted. Do not identify who could have been driving, use "the driver....." etc. You should never ignore the notices.

[NW10171]

Thanks i will do. Just wanted to know what happened next with MHJ case.