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Hi All,
Background information:
1. Name of the private parking company (PPC). UK Parking Control Limited
2. Which solicitors (if any) are involved. DCB Legal
3. Date of parking event. Jan.2018
4. Date of issue shown on the N1 claim form from the Northampton CCBC. 9th January 2023
5. Date of your Acknowledgment of Service (AOS).21 January 2023
SAR sent to parking company - 22nd January.
In the multi story car park there are multiple motorcycle parking bays. 2 of which have red crossed marking and signs above noting ''motorcycle bays'', at the other end of the car park, more red crossed markings appear and at the time I understood this was allocated for motorcycles - other motorcycles also used this bay. However, as the first bays are full I had parked in this area.... And subsequently received a ticket.
Here is what I have drafted (in addition to this template: https://forums.moneysavingexpert.com...-march-2022/p1)
Motorcycle bay 1 https://ibb.co/vZL4Qfy
Bay 2 https://ibb.co/Wx8gwVf
Bay 3 https://ibb.co/m8Mdx5w
The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle X at X. The PCN details are *Jan 2018*,XXX 3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3. Costs and court fees
Any words of advice for the defense would be really helpful, thanks all!
Background information:
1. Name of the private parking company (PPC). UK Parking Control Limited
2. Which solicitors (if any) are involved. DCB Legal
3. Date of parking event. Jan.2018
4. Date of issue shown on the N1 claim form from the Northampton CCBC. 9th January 2023
5. Date of your Acknowledgment of Service (AOS).21 January 2023
SAR sent to parking company - 22nd January.
In the multi story car park there are multiple motorcycle parking bays. 2 of which have red crossed marking and signs above noting ''motorcycle bays'', at the other end of the car park, more red crossed markings appear and at the time I understood this was allocated for motorcycles - other motorcycles also used this bay. However, as the first bays are full I had parked in this area.... And subsequently received a ticket.
Here is what I have drafted (in addition to this template: https://forums.moneysavingexpert.com...-march-2022/p1)
- The floor markings and signs were unclear and confusing, making it difficult for a reasonable person to understand the parking regulations in the area, particularly in regards to motorcycle parking.
- The defendant was parking a motorcycle, which is entitled to free parking in this area and the lack of clear signage indicating this constitutes a failure on the part of the parking authority to provide adequate notice of the parking regulations.
- As a result of the unclear and confusing signs the defendant had a reasonable belief that they were parking in a lawful manner, which was out of the way and in a respectful manner.
- The defendant should not be held liable for a parking charge when the parking authority failed to fulfill their duty to clearly communicate the parking regulations to the public, particularly in regards to motorcycle parking.
Motorcycle bay 1 https://ibb.co/vZL4Qfy
Bay 2 https://ibb.co/Wx8gwVf
Bay 3 https://ibb.co/m8Mdx5w
The Defendant(D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle X at X. The PCN details are *Jan 2018*,XXX 3.The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages. AND THE CLAIMANT CLAIMS 1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3. Costs and court fees
Any words of advice for the defense would be really helpful, thanks all!
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