County Court Claim; SIP Gladstones Manchester car park

[sammy79]

Hi, I have received a claim form from NHCC with the following particulars:

Particulars of Claim :-
____ of the vehicle XX16XXX (the ‘Vehicle’) incurred the parking charge(s) on 10/01/2017 for breaching the terms of parking on the land at Wxxxxx Street Manchester. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

AND THE CLAIMANT CLAIMS
£160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £9.62 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to judgement at £0.04 per day.

The car park in question had a manned barrier entry, where a man sitting on a till would give you a ticket/receipt upon payment in cash. This ticket/receipt was partly hand written. The driver parked at the car park at 8pm and purchased 3 hours, however the driver was running late, the driver returned to the car park to purchase an extension before time ran out on the initial ticket. Upon returning to the car park the driver found the manned barrier entry closed with no one there able to assist. The driver looked around for a pay machine and found one, however it was not working at all. The driver then continued without paying and returned 30 minutes later to find a PCN on the windscreen.


The driver appealed online but received no reply and now have this claim form to deal with.

Any advice on how to deal with this would be greatly appreciated.

Thank you

[charitynjw]

Re: County Court Claim; SIP Gladstones Manchester car park

Hi

First & foremost, have you acknowledged the court claim?

[sammy79]

Re: County Court Claim; SIP Gladstones Manchester car park

Hi

First & foremost, have you acknowledged the court claim?

Hi, yes I sent the acknowledgement within the 14 days which allows me another 14 days to file a defence, of which I have 4 days left.

Thank you

[charitynjw]

Re: County Court Claim; SIP Gladstones Manchester car park

Ok Sammy

In fact you have 33 days from the court claim issue date in which to file a defence. (An extra 5 days allowed for deemed delivery of the claim if via MCOL).

Do you have the original PCN, the postal Notice to Keeper* & up-to-date pics of site signage?
Is it a hire/lease vehicle?

*This should have been received by the RK within 29-56 days of the parking incident (If it's not hire/lease).

Btw, could you edit your first post....'The driver parked...', etc.
Do not ID who was driving, even on forum posts!.
(Or have you already done so in your communications/appeal)?

[sammy79]

Re: County Court Claim; SIP Gladstones Manchester car park

Do you have the original PCN - Yes I do

the postal Notice to Keeper - Not the original no.

& up-to-date pics of site signage - No, it's in Manchester (I live more than 100 miles away)

Is it a hire/lease vehicle? - PCP.


Btw, could you edit your first post....'The driver parked...', etc. - edited, thanks. I copied what the particulars stated in the letter.

Thank you

[charitynjw]

Re: County Court Claim; SIP Gladstones Manchester car park

From post #1

The driver had parked at the car park at 8pm and purchased 3 hours, however as they were running late, they returned to the car park to purchase an extension before time ran out on the initial ticket. Upon returning to the car park the driver found the manned barrier entry closed with no one there able to assist. The driver looked around for a pay machine and found one, however it was not working at all. The driver then continued without paying and returned 30 minutes later to find a PCN on the windscreen.

[charitynjw]

Re: County Court Claim; SIP Gladstones Manchester car park

From memory this site is either pay at kiosk or alternatively pay via ticket machine.
No other payment methods available.
Also, the site signage used to display BPA logos. (Well they did last May !)

[sammy79]

Re: County Court Claim; SIP Gladstones Manchester car park

Ok Sammy

In fact you have 33 days from the court claim issue date in which to file a defence. (An extra 5 days allowed for deemed delivery of the claim if via MCOL).

Do you have the original PCN, the postal Notice to Keeper* & up-to-date pics of site signage?
Is it a hire/lease vehicle?

*This should have been received by the RK within 29-56 days of the parking incident (If it's not hire/lease).

Btw, could you edit your first post....'The driver parked...', etc.
Do not ID who was driving, even on forum posts!.
(Or have you already done so in your communications/appeal)?

Sorry about that, edited!

- - - Updated - - -

Yes, I believe that is correct. The manned kiosk was however closed at the time of return which was around 10:45pm. The ticket machine was out of service.

Not sure if it is BPA or not. Should I try to get some pictures of the signage at the car park?

Thank you

[charitynjw]

Re: County Court Claim; SIP Gladstones Manchester car park

SIP are now with IPC, not BPA.

If you can get up-to-date signage pics it would help.

- - - Updated - - -

Do not ID who was driving, even on forum posts!.
(Or have you already done so in your communications/appeal)?

####

[sammy79]

Re: County Court Claim; SIP Gladstones Manchester car park

SIP are now with IPC, not BPA.

If you can get up-to-date signage pics it would help.

- - - Updated - - -



####

Sorry, seemed to have missed that. Haven't ID'd anyone, not in the appeal either.

I've tried to get pictures from the site, but have been unable to do so and it's a two hour drive to Manchester.

Is there any other solution to this?

What sort of defence could I make? The lighting in the carpark was poor, the signage was awful, the ticket machine was not working. How can something like this be allowed? Parking was paid for, time went over by 20 minutes. This is frustrating.

Thank you

[sammy79]

Re: County Court Claim; SIP Gladstones Manchester car park

These are all the communications I've received prior to the country court claim.

I have read on another post that they state just Walmer Street on the letters and ticket? Could this be used?

[charitynjw]

Re: County Court Claim; SIP Gladstones Manchester car park

What is the 'date of sending this notice' on the 'Payment Overdue' letter? (The one with black header).

[sammy79]

Re: County Court Claim; SIP Gladstones Manchester car park

The date on the black one is 04/04/2017

Thank you

[charitynjw]

Re: County Court Claim; SIP Gladstones Manchester car park

Ok

Can I just ask...are you (or were you at the time) the registered keeper on the DVLA database? (It is usually so with PCPs, but just dotting i's, etc)

Oh, & the date of the red 'impending legal action' letter?

[sammy79]

Re: County Court Claim; SIP Gladstones Manchester car park

Ok

Can I just ask...are you (or were you at the time) the registered keeper on the DVLA database? (It is usually so with PCPs, but just dotting i's, etc)

Oh, & the date of the red 'impending legal action' letter?

The driver is not/was not the registered keeper. date on red one 6/6/2017

Thankyou