County Court Claim - UK Parking Patrol / BW Legal

[vnds_t]

Hi all, hope you're doing well.

I recently received a County Court Claim for a private parking fine from November 2019 for the amount of £259.52 by ignoring a PCN from UK Parking Patrol.

Issue Date on the County County Claim Form is 19 November 2021.
I filed an Acknowledgment of Service on 06 December.
I have until next Wednesday (22 December) at 4pm to send my defence, the part I'm struggling with.

Some background on the claim:
2 incidents, both on 24 November 2019 at the same place, unload and pack for an event, first for 34mins over the allotted 20mins, second for 2mins over the allotted 20mins.
Vehicle was a hired van from Enterprise, there was no ticket, all done via ANPR according to the letter.
My friend took out the vehicle under his name, though I was the driver on the above date.
He received the first PCN letter on 19 December 2019 and gave UK Parking Patrol my details - he can't remember if this was via phone / writing, I have a copy of these letters.
They then contacted me 3 weeks later with the same PCN, around mid January, unfortunately I don't have these letters any more.
I can upload anything necessary, please let me know if you need more info.

Any idea how I should begin my defence please? Never done anything like this before and not sure where to begin.
Thanks in advance.

[EnglandPi]

To be honest, from what you have written, you dont have a defence because you admit you over stayed or am I missing something?

[vnds_t]

To be honest, from what you have written, you dont have a defence because you admit you over stayed or am I missing something?

a) these ppc's are known cowboy's, I'm not even convinced that it's legal to charge people for overstaying. Most pay due to fear.

b) the ppc requested £60 for over staying 2mins over the allotted time, on what planet is that fair? I'm going to fight this. I just need help with some of the legal arguments or a template so I can hammer home some points.

Any help is really appreciated.

[EnglandPi]

Technically you are guilty if you overstayed although there is a voluntary code that says you have ten minutes grace to leave the car park.

[vnds_t]

There’s multiples threads on this topic about beating ppc’s, I think you’re very naive to say there are “no grounds for a defence”. You must own a carpark.

Do a basic Google search, there’s forums dedicated to beating them and simple overstays get struck out all the time due to a host of different reasons, poor signage just one of them.

[EnglandPi]

https://legalbeagles.info/library/gu...-court-claims/

[ostell]

Most of the defences are for failure to comply with the requirements of POFA that can hold the keeper liable. You have been named as driver and therefore you do not have the protection of POFA. Shame the hirer did not come here when they received the first notice to hirer.


So get together your evidence for your defence : the unclear signs, the permitted overstay time in the Code of Practise

Have you contacted the store to get it cancelled?

[vnds_t]

Thanks for coming back to me ostell.

It's a road next to Box Park Wembley, unfortunately nothing to do with them. I've found a very good template to use as points in my defence and come up with the following points as facts:

The facts as known to the Defendant:

2. It is admitted that the Defendant was the keeper and driver of the hire vehicle registration: xx68 xxx in question but liability is denied.

3. The Defendant was attending BOX PARK Wembley for an event as a seller. All sellers were recommended to park on Humphry Repton Lane, Wembley HA9 0GL by the event organisers. The organisers gave permission to unload and load at the venue for as long as it took, within reason.

4. Due to the amount of sellers attempting to unload their stock simultaneously, the Defendant had to park his vehicle further down the road. Once parked, the defendant had to wait to be allocated a selling space.

5. The Defendant amongst other sellers had to unload stock to carry through a narrow side door entrance which caused long waiting times to access the venue. Some were constructing full exhibition stands. As his vehicle was parked further down the road, walking stock towards the entrance took longer than it would have taken if the Defendant was able to unload closer to the entrance.

6. There were no prominent visible signs. During both the unload and load, there were many other large vehicles (both short and long-wheelbase vans) parked on Humphry Repton Lane, obscuring the view of the road. During the load period, it was dark and the area was not very well lit.

7. The Defendant did not waste time or park his vehicle on Humphry Repton Lane for recreational purposes. Once the necessary work was completed, the vehicle was removed immediately.

If you think I need to change any wording to make it more snappier, please do let me know.