County Court Claim for PCN issued by One Parking Solution

[Brynn]

Dear All,
This is the first time I have posted to this forum so please bear with me. Your legal advice would be greatly appreciated.
I was issued a Parking Charge Notice (PCN) for parking in Llangrannog car park SA44 6SL on 19/09/2019 from 8.20pm - 10.10pm. The PCN was for £100 (or £60 if paid early) and included ANPR photos of my car reg entering and leaving.
In my case I arrived when it was very dark, the car park entrance and surrounds were not well lit and I did not see any notices of charges or terms and conditions. I assumed that the car park would be council run and as this was out of season it would be free of charge in the evening. I saw no signage to contradict this assumption. Also my sister was a passenger and is a disabled blue badge holder and is unable to walk far. This added to my assumption that there would be no charge. I decided therefore not to pay or respond to the PCN. Since then I have received 8 letters from OPS and various dubious companies threatening legal action and debt recovery, I`ve not responded to any of these.
On investigation I discovered this car park and OPS had a reputation for over inflated charges, unreasonable T&Cs and a ticket machine that often wasn't working and has become a notorious case locally, see link The Welsh village being torn apart by its own car park - Wales Online In Dec 2019 there was a report from BPA saying that the ticket machine was not fit for purpose. The owners then made the car park free of charge from Dec 19- March 20 while they applied for planning permission to fit a new ticket machine. During this time there was also alot of online debate on whether they had permission for the existing ANPR camera.
My last letter received was issued 08/03/2021 is a claim form from county court business centre Northampton claiming a total of £253.70. I intend to defend the claim and would really appreciate some help with what legal arguments I should include in my reply. I have until 27th march to reply and I`m happy to send original PCN and letters received if that would help?
Any advice would be greatly appreciated, Thanks

[ostell]

Edit so that the identity of the driver cannot be inferred. Use " the driver...." etc.

You acknowledge the claim on or shortly after day 5 from the issue date with nothing in the defence. This gives you 33 days from the date of issue to get your defence to the court

Post up the PCN suitably redacted but leave dates. Readable pictures of the signs would help, especially if there are some taken at the entrance under the same conditions of light, the same time after sunset and without flash

for the extra a ounts read this: https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0 and be prepared to use similar in your defence

Parking with a blue badge in a private car park is not normally free. The booklet that came with the blue badge tells you so.

[Brynn]

Thanks Ostell for advice.
I`ve now acknowledged claim by email to court and had automated reply confirming receipt. I`ve read the Wilkinson judgement which is encouraging for positive outcome. I will post redacted PCN and the claim form later once I`ve sorted scans.
Many thanks, Brynn

[Brynn]

Hi Ostell,
I`ve attached redacted PCN as requested and also Claim Form for info. I dont have any pictures of the car park signs unfortunately as we got PCN when we were visiting Llangrannog on holiday and didnt get PCN until I returned home. I`ve also checked google maps and no pictures on there either. You can see from ANPR pics though that area is in complete darkness on arrival and departure.
Thanks, Brynn

[pt2537]

Rubbish pleadings. D cannot be liable as the driver or keeper. C should plead his case properly and confirm which claim it wishes to pursue

[ostell]

NTK is basically compliant apart from 9 (2) (b) and no period if parking. Time moving in front if a camera cannot, by definition, be parking.

[Brynn]

Rubbish pleadings. D cannot be liable as the driver or keeper. C should plead his case properly and confirm which claim it wishes to pursue

Thanks PT2537, I'm not sure what you mean by saying Defendant cant be liable as driver or keeper, please can you expand?

[Brynn]

NTK is basically compliant apart from 9 (2) (b) and no period if parking. Time moving in front if a camera cannot, by definition, be parking.

Thanks Ostell, Can you advise best wording for my defence? Is there an example of similar defence I could use?

[Disputeman]

This is very interesting I also had a PCN from this company but I had paid in full by credit card and also retained the ticket. 6 months later after numerous failed appeals and being threatened by debt collectors and solicitors ( all owned by the parking companies) They now say because one digit was entered incorrectly on the ticket they are entitled to charge a penalty
The Beavis case which they quote actually says that private car parking is a civil contract and the parking companies have to prove a loss and are only entitled to recover that loss. In my case there is no loss so I am fighting them. If anyone has experienced problems with ticket machines at Llangranog car park please let me know so I can use it to support my case. Always remember their business model is to gain additional money through these PCNs by continually harassing you in the hope you will just pay up to get them to go away so keep all the letters as evidence and threaten to report them to the police for harassment and include any costs incurred for a counter claim

[ostell]

Disputeman You have misquoted Beavis. They don't have to prove a loss, which is exactly what the case was about. It was decided on appeal that the contracted sum was fair

[Disputeman]

Thanks for that but where you have paid the parking charge in full and have removed your car within the allotted time they cannot charge a penalty as the contract has not been breached. There is much case law before Beavis that requires proof of loss before you can charge a penalty ?

[ostell]

Disputeman You are really showing your misunderstanding of the subject by calling the charge a penalty. Please read the Beavis case.

[Disputeman]

Thanks Ostell are you saying Beavis applies in this case ?can they therefore still claim against me even though I have paid in full , complied with the contract and have retained evidence of such and sent it to them ?

[ostell]

Disputeman, go create your own thread instead of hijacking this one.