Court letter for pcn

[Gordyn]

hi new to the site and after some advice. I’ve received a claim form from a court for non payment of a pcn from November last year and not sure what to do now.

The circumstances are the driver was driving down the high st when their phone started ringing (important call from their dr) so they pulled into the car park to take the call, they were only on the car park for 10min at the most, they never left the vehicle and they stayed in car while they were on phone, after the call they started the car and as they were pulling out the parking bay they noticed somebody taking a photo of my car, i then received the pcn through the post a week later which I have since ignored.

The car park is not a pay and display it’s one of those “car park is for customers of shops only”

Any advice will be greatly received thanks.

[ostell]

So don't hint at the driver. Edit using "the driver....." etc.

Post up the original PCN

[Gordyn]

So what’s my next step? Feel completely out of my depth here lol.

Do I do the AOS?

I will have a look for the original PCN when I get home from work

[ostell]

Acknowledge the claim using the details and password on the form, nothing in the defence. This gives you 33 days from date of issue to get your defence to the court.

SAR to the PPC demanding all the documents regarding you, letter to the solicitor demanding copies of all the documents that they intend to rely on in court

[charitynjw]

Link for SAR

[Gordyn]

I’ve acknowledged the claim now.

I know what SAR is but would I be right in thinking that PPC is the claimant?

[Gordyn]

Here’s the original PCN.

Ive sent the SAR to the PPC and I’m just about to start the letter to the solicitor.

[Gordyn]

On the letter to the solicitor what documents do I list?

Particulars of Claim

The driver of the vehicle with registration ####### (the ‘Vehicle’) parked in breach of the terms of parking stipulated on the signage (the ‘Contract’) at Carter’s Green, on the 04/11/2018 thus incurring the parking charge (the ‘PCN’). The driver of the Vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The Claimant claims the unpaid PCN from the Defendant as the driver/keeper of the Vehicle. Despite demands being made, the Defendant has failed to settle their outstanding liability. THE CLAIMANT CLAIMS £100 for the PCN, £60.00 contractual costs pursuant to the Contract and PCN terms and conditions, together with statutory interest of £6.46 pursuant to s69 of the County Courts Act 1984 at 8.00% per annum, continuing at £0.04 per day.

[charitynjw]

There's no reason why you can't send a CPR 31.14 request for disclosure.
Similar to
https://legalbeagles.info/library/gu...-of-documents/
Cherry-pick the parts which are useful to you.

[Gordyn]

Update

Still not heard back from Euro Parking Services. I have had a reply from Gladstone solicitors to the CPR 31.14. They have sent all images that was taken.

Thay claim the vehicle was parked from 13:45 till 13:59, but as in the photos you can see that at 13:46 the vehicle was in reverse leaving the parking bay.

I will have to post another reply with more images as I can only post 6 images at a time

[Gordyn]

In these photos I’ve circled red areas showing the parking bay the vehicle was in. At 13:47 you can clearly see the vehicle is not there.

what do I do next? Thanks

[charitynjw]

Those site signs are useless to them as evidence.....no terms/conditions displayed.
Could you post up pictures of the relevant ones?

Grace periods could come into play.
See the Code of Practice below.
https://theipc.info/uploads/-imXk-gE...6Q030/Code%20o

[Gordyn]

These are the only 2 types of signs they have on the car park.

What about the fact they said the vehicle was on the car park from 13:45 till 13:59? The photos they have taken clearly show the vehicle was on the car park from 13:45 but actually left at 13:47

[charitynjw]

The first of the two signs is the only really relevant one.
It doesn't state that grace periods are not applicable......so they are!
Min 10 mins grace on entry, min 10 mins on exit.
See the Code of Practice posted earlier.

If they try to argue that the car park is for customers only, then clearly you are trespassing.
& it is very unlikely indeed that they will have been given authority to sue for trespass.
Even in the unlikely event that they did have authority (& I've not seen any case yet where private parking co's, acting on landowners/managing agents' instructions, have obtained such authority), the damages would be so negligible that it shouldn't go anywhere near court. (De minimus is the term used.)

[Gordyn]

Ok thanks.

So so what is my next step? Do I wait for the court date or get back in touch with the claimant/solicitor?

sorry about all the questions feel completely lost with all this.