County Court Claim Form for Penalty Charge Notice

[Robin9]

There was no windscreen notice... the area in question is manned by cameras. The first notice they claim to have sent is a PCN to the registered keeper via post... the second is a final notice.

[charitynjw]

Edit
You will have to wait for the SAR response to see the postal NtK.

If that's defective, their only other recourse is to claim common law contract breach.
& to do that they need to ID & claim against the driver, not the RK.

Have you filed your defence yet?
If not, what is the issue date on the court claim?

[Robin9]

Will they definitely respond to my SAR request or do I need to pay to obtain that... I didn't understand their response on that?

I've not filed a defence yet... the issue date is February 12th, 2019.

[charitynjw]

No, you do not have to pay.
That would only apply in exceptional circumstances.

Defence needs to be filed 33 days from the issue date.
In your case that falls on a Sunday, so Monday !8th March latest.

[Robin9]

Okay thanks. What should I be submitting as my defence?

The way I see it I have three options...

1/ The fact that the first receipt of any PCN was the Court Claim Form sent to me.

2/ That the reason for exceeding the time limit unknowingly was because of sickness to a child and taking care of its needs prior to taking charge of a vehicle on the road. To ignore the needs of the child would be 1) neglectful parenting 2) risking being a danger on the road due to concern of the child's welfare when driving.

3/ A combination of both of the above as the defence.

[Robin9]

I've also just received this through the post today... is this them just trying to flex their muscles and threaten me more?

[charitynjw]

I've also just received this through the post today... is this them just trying to flex their muscles and threaten me more?

Yes, just them trying to apply psychological pressure, hoping you'll capitulate.
Could come in useful in an emergency, I suppose!

https://i.pinimg.com/originals/2e/c1...6bf0e3df3c.jpg

What is the date of posting on the actual Notice to Keeper? (Not the final notice.)

[Robin9]

I never actually received a NTK from them but on the copy they have sent me it is dated as being issued on July 5th, 2017 with the alleged offence taking place on June 28th, 2017.

[charitynjw]

So you entered through ANPR at 11:53 & exited 14:07?

My tiny noddle makes that 2hrs 10 mins (Edit: 14 mins......)

See 'Grace Periods' in the relevant BPA CoP page 9

https://www.britishparking.co.uk/wri...update_V6..pdf

13 Grace periods

13.1 Your approach to parking management must allow a driver who enters your car park but decides not to park, to leave the car park within a reasonable period without having their vehicle issued with a parking charge notice.

13.2 You should allow the driver a reasonable ‘grace period’ in which to decide if they are going to stay or go. If the driver is on your land without permission you should still allow them a grace period to read your signs and leave before you take enforcement action.

13.3 You should be prepared to tell us the specific grace period at a site if our compliance team or our agents ask what it is.

13.4You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

[Amethyst]

7 mins after 2 from 7 mins before 12 is 2 hrs 14 mins xxx

[charitynjw]

7 mins after 2 from 7 mins before 12 is 2 hrs 14 mins xxx

There's always one, ain't there!

Makes no difference, grace periods still applicable. (Phew!)

[Robin9]

Forgive me but I'm a little confused... if the minimum grace period is 10 minutes but they are claiming we were 14 minutes over that - where do I stand?

[charitynjw]

Forgive me but I'm a little confused... if the minimum grace period is 10 minutes but they are claiming we were 14 minutes over that - where do I stand?

!0 mins to exit (13.4), plus a 'reasonable' grace period at the start (13.2 in the CoP)

[Robin9]

Okay that's great, so I get a grace period before we park and upon leaving... so effectively at least 20 minutes "grace" total?

When should I insert my defence to the Claim Form and can you help me with the relevant wording etc please? As per my post above... I'm not clear what my defence should be... the fact I haven't received the PCN in the first place, the illness of the child delaying exit or both together as a defence.

[charitynjw]

Both.

I'll have a check back on the thread to see if anything else leaps out!