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Hi all,
The keeper is looking for some advice / support with defending a court claim recieved for an unpaid parking fine. Further details below.
Received a claim? Yes
Issue Date: 11 Apr 2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £300
Claimant’s Name: Civil Enforcement Limited
Solicitors Firm: Unknown / Not specified
Original Creditor: As above
Original Debt: £100
Particulars of Claim: Claim for money relating to a Parking Charge for breach of contract terms/conditions(TCs) for parking in private car park (CP) managed by Claimant. Drivers may only park pursuant to TCs of use displayed in CP and agreed upon entry/parking. ANPR cameras or manual patrols monitor vehicles entering/exiting the CP and TC breaches. Charges of GBPXXX claimed.
Violation date: XX/XX/2022
Payment due date: XX/XX/2022
Time in: 17:07 Time out: 18:22
PC: Ref XXXXX
Vehicle reg mark: XXXXXXX Car park:-
XXXX
Total due- GBPXXX
(Pay:www.ce-service.co.uk or 01158225020)
The Claimant claims the sum of GBPXXX
for the unpaid parking charge inc GBPXXX
interest under S.69 of the CCA 1984
Rate: 8.00% pa from due date to- 06/04/23
Same rate to Judgment or sooner payment at daily rate of- GBPXXX
Total debt and interest due- GBPXXX
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Claimant has issued letters, the keeper has no responded.
List any letters you have sent (eg: CCA/ CPR ): None sent.
Any Other Information or Background Details: Driver was eating at one of the 3 fast food restaurants on site with his young son, waiting to hand him over to his Sons Mother. Unfortunately, she was late arriving which meant that the driver exceeded the 1-hour limit. By chance the driver noticed that there was an electronic pad within the restaurant to extend parking for 1 hour (with a valid receipt from within the restaurant), otherwise the driver would've had no idea that there was a parking limit in place as it was dark and raining when they arrived and didn't see, let alone acknowledge any signage. One of the restaurant workers logged the car registration and while the driver didn't note the exact time, they believe this was just after the 1-hour had elapsed but within the 10-minute grace period that BPA specify. This didn’t prevent the keeper receiving a PCN. Upon receiving this, they spoke directly with the claimant to explain, who in turn told them to speak to the restaurant and ask them to contact the claimant to get the PCN cancelled. The restaurant disowned responsibility when the keeper subsequently spoke to them and told them to deal directly with the claimant. Assuming that they were in a loop and going nowhere, the keeper ignored the PCN and now find themselves with a court claim. In hindsight, the keeper acknowledges that they should've appealed in writing.
An image of the signage is below. There are 3 or 4 of these around the site but not in immediately obvious places.
https://ibb.co/3kVVh6W
Any help or advice on how best to defend this claim and the immediate next steps would be greatly appreciated. Thank you in advance.
The keeper is looking for some advice / support with defending a court claim recieved for an unpaid parking fine. Further details below.
Received a claim? Yes
Issue Date: 11 Apr 2023
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £300
Claimant’s Name: Civil Enforcement Limited
Solicitors Firm: Unknown / Not specified
Original Creditor: As above
Original Debt: £100
Particulars of Claim: Claim for money relating to a Parking Charge for breach of contract terms/conditions(TCs) for parking in private car park (CP) managed by Claimant. Drivers may only park pursuant to TCs of use displayed in CP and agreed upon entry/parking. ANPR cameras or manual patrols monitor vehicles entering/exiting the CP and TC breaches. Charges of GBPXXX claimed.
Violation date: XX/XX/2022
Payment due date: XX/XX/2022
Time in: 17:07 Time out: 18:22
PC: Ref XXXXX
Vehicle reg mark: XXXXXXX Car park:-
XXXX
Total due- GBPXXX
(Pay:www.ce-service.co.uk or 01158225020)
The Claimant claims the sum of GBPXXX
for the unpaid parking charge inc GBPXXX
interest under S.69 of the CCA 1984
Rate: 8.00% pa from due date to- 06/04/23
Same rate to Judgment or sooner payment at daily rate of- GBPXXX
Total debt and interest due- GBPXXX
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): Claimant has issued letters, the keeper has no responded.
List any letters you have sent (eg: CCA/ CPR ): None sent.
Any Other Information or Background Details: Driver was eating at one of the 3 fast food restaurants on site with his young son, waiting to hand him over to his Sons Mother. Unfortunately, she was late arriving which meant that the driver exceeded the 1-hour limit. By chance the driver noticed that there was an electronic pad within the restaurant to extend parking for 1 hour (with a valid receipt from within the restaurant), otherwise the driver would've had no idea that there was a parking limit in place as it was dark and raining when they arrived and didn't see, let alone acknowledge any signage. One of the restaurant workers logged the car registration and while the driver didn't note the exact time, they believe this was just after the 1-hour had elapsed but within the 10-minute grace period that BPA specify. This didn’t prevent the keeper receiving a PCN. Upon receiving this, they spoke directly with the claimant to explain, who in turn told them to speak to the restaurant and ask them to contact the claimant to get the PCN cancelled. The restaurant disowned responsibility when the keeper subsequently spoke to them and told them to deal directly with the claimant. Assuming that they were in a loop and going nowhere, the keeper ignored the PCN and now find themselves with a court claim. In hindsight, the keeper acknowledges that they should've appealed in writing.
An image of the signage is below. There are 3 or 4 of these around the site but not in immediately obvious places.
https://ibb.co/3kVVh6W
Any help or advice on how best to defend this claim and the immediate next steps would be greatly appreciated. Thank you in advance.
