Premier park

[labman]

Re: Premier park

Right - this is a proper claim form. You MUST defend this, or they will get a summary judgment. Read the notes and respond saying you intend defending in full. There should be advice there on how to transfer the claim to your local court. I'll look further into this, this afternoon and get back to you later, but make sure you state you are going to defend it asap.

[labman]

Re: Premier park

Hi Tonto,

Can I suggest your best course of action is to register here with all details to date:

http://www.pepipoo.com/

Registration is free, and they are geared up specifically to deal only with motoring issues, so I believe this is where you will get the best help available free of charge on the internet.

Please keep us updated on any progress with this, as obviously we need to respond to things as they happen in terms of any support we give people.

I look forward to watching the updates on this thread - if you register on Pepipoo under the same user name, I can also watch you on there as I am directly involved with the site.

By updating there and here, you are guaranteed good free support, and we will all do our best to ensure this is the case. They are the true specialists though.

[tonto33]

Re: Premier park

Any idea what to put on this form

[alham]

Re: Premier park

As per your first letter - pulled into car park, no notices or warnings noticed, you were in the car all the time and would have parked elsewhere if you'd known about the parking charges. In any case, the charges claimed are penalty charges as they do not reflect the claimant's costs.

Is the car park payable or free?

[Kafka]

Re: Premier park

I posted a link to this thread at Penalty Charges Forum as Traffic is a big section there. Here is a post from Sammy, the Traffic Watchdog there.
Poo is the best forum for advice and that's where the best people are to advise. Please start an account there and post up - they are very good and the best for traffic cases.

***********************

The last time I checked this, the main case law defence was VCS vs HMRC http://www.bailii.org/uk/cases/UKUT/TCC/2012/130b.html

The main bits of the ruling ,

No right to occupy land
Signage has no effect
Contract only between the landowner and the driver

There are plenty of cases that have lost previous to this Excel normally lose as well as Parking Eye.

Most of them you can find on the poo or the interweb..

What are the particulars of the claim mate, perhaps they have a newly draughted contract or something ??

BTW its a very good idea to get photos of the signage at the car park concerned.

[Celestine]

Re: Premier park

I've removed the attachment from Post 30 for Tonto, as that is a N1 Court Form and Judges do NOT like Court documents being discussed on these forums. This is now a live Court Claim and needs Defending formally.

Tonto, please do check out Pepipoo, or consider going VIP so we can assist in privacy without the opponents knowing your every move.

Thanks to Kafka for bringing this to my attention x

[tonto33]

Re: Premier park

Got court date today, they taking me to court over it this month

[CleverClogs]

Re: Premier park

new letter from debt recovery for this, think mite have to pay them

Especially as they claim - link:

We regularly and consistently issue CCJ's to non payers.

One might wonder how the County Courts view such enterprising competition.

[tonto33]

Re: Premier park

got it at my local court so they got 315 mile drive lol,
It is ordered that
the claimant must by 4pm 20th march 2013 file and serve amended particulars of claim setting out the legal basis upon which the claim is based including if based on trespass what entitlement it has to bring a claim based on trespass and why the sum claimed is not a penalty in law.
In default of compliance with paragraph 1 the claim shall stand struck out
This order was made on the court's own initiative pursuant to CPR 1998 Part 3.3(4). You may apply to set aside,vary or stay the order but such application must be made within 7 days after the date of service of this order. CPR Part 3.3(5) and (6).

[CleverClogs]

Re: Premier park

Perhaps that is why they would apparently prefer to issue their own CCJs? msl:

[tonto33]

Re: Premier park

So whats next ?

[CleverClogs]

Re: Premier park

If they have not complied, you should get their claim struck out and claim for your wasted costs.

[tonto33]

Re: Premier park

new update premier park replied to the court with there statement of details dunno if allowed to put the details on here

[tonto33]

Re: Premier park

link here
http://forums.pepipoo.com/index.php?...st=20&start=20

[alham]

Re: Premier park

I've had a look at your link and replies, most of which are on the money. I would like to add that penalty is not allowed under contract, they can only charge for reasonable costs in recovering UNPAID charges, in your case there was no charges so what are they claiming for?