County Court Claim for an unpaid PCN

[DanRus]

No probs.

Morning!

I requested the SAR via email just now.

I also called the solicitors and asked for the documentation they are going to be using in court. They said they would not send that over until just before the hearing?

What do i do from here? Wait for the SAR?

What grounds can i contest this?

best regards,
Dan.

[DanRus]

No probs.

Morning,

I sent the SAR to the parking company via email this morning. Are the next steps to await this? Do i need to do anything regarding my defense online? I acknowledged my service and i have about 12 days left to submit my full defense i believe.

I called the solicitors this morning asking for the documentation they will be using in court and they said they would not send this until just before the hearing?

On what grounds would i be contesting this? Does the defense usually hold up against these private parking companies?

Best regards,
Dan.

[charitynjw]

Morning,

I sent the SAR to the parking company via email this morning. Are the next steps to await this?
Yes, but don't miss the defence deadline (33 days max from issue date on the court claim.)

Do i need to do anything regarding my defense online?
Start drafting one....time flies....

I acknowledged my service and i have about 12 days left to submit my full defense i believe.

I called the solicitors this morning asking for the documentation they will be using in court and they said they would not send this until just before the hearing?

On what grounds would i be contesting this?
See attached

Does the defense usually hold up against these private parking companies?
Often.

Best regards,
Dan.

Attached is a county court judgment...not a precedent, but persuasive.

[charitynjw]

The Signage – No Offer

If the wording of the signage forbids parking, then there is no offer to park and therefore no contract.

This is clear from several cases. In PCM-UK v Bull et all B4GF26K6 [2016], residents were parking on access roads. The signage forbade parking and so no contract was in place. A trespass had occurred, but that meant only the landowner could claim, not the parking company.

In UKPC v Masterson B4GF26K6[2016] it was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim.

In Horizon Parking v Mr J C5GF17X2 [2016] it was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim.

https://www.parkingcowboys.co.uk/residential-parking/

[DanRus]

The Signage – No Offer

If the wording of the signage forbids parking, then there is no offer to park and therefore no contract.

This is clear from several cases. In PCM-UK v Bull et all B4GF26K6 [2016], residents were parking on access roads. The signage forbade parking and so no contract was in place. A trespass had occurred, but that meant only the landowner could claim, not the parking company.

In UKPC v Masterson B4GF26K6[2016] it was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim.

In Horizon Parking v Mr J C5GF17X2 [2016] it was also found the signage was forbidding and so the matter was one of trespass. The parking company did not have standing to claim.

https://www.parkingcowboys.co.uk/residential-parking/

Thank you for this.

Is this reason enough for me to put in my defense? That it is a case of trespassing and not breach of contract?

I also have not recieved my SAR back from the the parking company? Is this necessary?

Best regards,
Dan.

[charitynjw]

Whate date is your defence due to be filed? (33 days from the issue date on the court claim?)

Atm your defence will be a mix of rubbish signs & the Claimant's lack of evidence disclosure.

[DanRus]

Whate date is your defence due to be filed? (33 days from the issue date on the court claim?)

Atm your defence will be a mix of rubbish signs & the Claimant's lack of evidence disclosure.

Hi Mate,

the issue date was the 25th Feb, so the 33rd day will be Friday.

Best regards,
Dan

[charitynjw]

Hi Mate,

the issue date was the 25th Feb, so the 33rd day will be Friday.

Best regards,
Dan

I make it Sat 30th.
If so, the following Monday is fine.
https://www.timeanddate.com/date/dat...aw=&ad=33&rec=

[DanRus]

Hi Mate,

the issue date was the 25th Feb, so the 33rd day will be Friday.

Best regards,
Dan

Morning,

how do i word my defense?

do you have a template i can use or something please?

Your help will be greatly appreciated!

best regards,
Dan.

[charitynjw]

Morning,

how do i word my defense?

do you have a template i can use or something please?

Your help will be greatly appreciated!

best regards,
Dan.

No probs.....will sort summat out in a while.

[DanRus]

No probs.....will sort summat out in a while.

Thank you mate .

[charitynjw]

Couple of quick questions

Was the car park residential (ie either the driver's place, or a friends place, or somewhere where the driver would have permission to park).?

Did the registered keeper receive a pre-action protocol pack (tick-box form & income/expendture sheet) or a letter before claim in the month or so before the court claim was served?

There may be more Qs!

[DanRus]

Couple of quick questions

Was the car park residential (ie either the driver's place, or a friends place, or somewhere where the driver would have permission to park).?

Did the registered keeper receive a pre-action protocol pack (tick-box form & income/expendture sheet) or a letter before claim in the month or so before the court claim was served?

There may be more Qs!

No it was on an industrial estate.

I believe i did receive a letter before claim.

best regards,
Dan.

[charitynjw]

Was that the only sign on the site?

What time of day? (approx)

Is the site iluminated.....or the sign?

[DanRus]

Was that the only sign on the site?

What time of day? (approx)

Is the site iluminated.....or the sign?

That was the only visible sign and it was broad daylight