PCN court order

[Wave_Rider]

Yes ocean 1 Apartments are just the ones on the right as you face down the road, behind the big metal gates.... Don't actually know what the other apartments are called tbh!

[ostell]

But the location is not Ocean 1 ! So how can you have breached any conditions there? The car was parked, as shown in their photos, in the road Ocean View. Further down the road is a sign for AS Parking, another company, so who has the right to control parking.

The Particulars of Claim are the normal Gladstone rubbish of not actually stating what the alleged breach was. This should be brought out in any defence.

[Setmefree3]

So you weren’t parked on the land at ocean 1 but on ocean view?

[Setmefree3]

ostell beat me to it by a minute. The PCN and claim both state ocean 1

[Wave_Rider]

Wow yes I see what you mean, I wasn't actually even parked on Ocean 1??!

[Wave_Rider]

Kind of embarrassed I hadn't actually noticed tbh....!

[Setmefree3]

No worries :-)

[ostell]

Just bouncing ideas around to get items for your defence. It would seem that an incorrect address is a good point, as well as the other points. They have also said parking without permit but then their pictures show a permit in place. Then it was for Unauthorized parking but there is no condition on the sign for this. There is also another company operating on the road. Can you get pictures of their sign.

You deny any liability to Armtrac for any reason.

The particulars of claim and embarrassing in their lack of detail to enable you to provide a full defence and you request that court request the claimant submit a more detailed claim and allow you to submit an amended defence at the claimants cost.

Here's a link to one defence on Pepipoo so that you can get started and modify to suit your particular case.

[Setmefree3]

Amethyst jaguarsuk does the last few posts make a difference to the claim?

[Amethyst]

Seems Ocean 1 is behind the gates to me... it really depends of the contract between Amtrac and the land owners as to what land is covered by that contract - there's a different parking company down the end of Ocean View in a small car park too.

Parking isn't really my area as common sense doesn't seem to come into it lol, but I'd certainly be requesting a copy of the contract as those signs really aren't that clear they don't just relate to the car parking behind the gates. If that road isn't private then I can't see Amtrac would have any rights on parking... surely it would be just double yellows down there if parking wasn't allowed and it's a public road. The only part that looks like it might be private is that rock at the entrance …. but that's only on one side.

Wonder if the council could tell you on enquiring whether its a public road, I had a quick look at the council planning permission applications but it's not particularly helpful - might show something if you dig though.


Otherwise it's your standard Pepipoo defence stuff.

[jaguarsuk]

I don't know the first thing about parking, so can't offer anything useful. Sorry

[ostell]

Contacty the council and find out the status of the road where the car was parked. Is it Private or Adopted.

Start you defence using the link I gave and put it on here for critique.

[Setmefree3]

Thanks both for looking :-) I guess it would be for amtrac to prove that where you were parked is part of ocean 1. I’m sure OSTELL will come up with a few ideas for defence.

Amtrac enforces for councils and private land, so definitely worth enquiring with the council.

ask them on Facebook https://en-gb.facebook.com/newquaycouncil/

[Wave_Rider]

[Wave_Rider]