BP Hatton Cross - N1SDT - not sure I have any defence?

[espere_alys]

Received a claim?: YES
Issue Date: 18 Sep 2024
Have you Acknowledged the Claim?: YES
Total Amount Claimed : £300
Claimant’s Name: EURO CAR PARKS LTD
Solicitors Firm: DCB LEGAL LTD
Original Creditor:
Original Debt : parking 'fine' £170

hello. I'd love some help. I received the letters from ECP but I never responded.
Partly in hopes it would be dropped, partly because I'd heard ECP didn't file claims.

Received the N1SDT dated 18 Sep, and acknowledged online with money claims service today 25 Sept.

When I got the letters I remember thinking it was the day I was having a difficult time with my boyfriend and he called and I pulled over without even thinking, I was distressed and didn't want to continue driving, we spoke on the phone for some time. It did not occur to me that the station had a time limit for visiting, I gather it's to stop people waiting near the airport.

Although when I looked at the google map today I actually don't recognise the layout of the petrol station so I'll have to go through the letters and look at what they've sent to see if I can understand what happened. And confirm it was that occasion.

On that particular day I have no recollection of seeing any obvious signage, although I was in a bit of a state.

I just wanted to start a thread as I am away from home until Saturday when I can dig out the letters and the original ECP 'PCN' number and look at what images they have.

I don't know if I have a defence to be honest, is it best to just pay the £300 and make it go away?
Is it worth signing in to ECP and seeing if I can do anything on their website?

I would very much appreciate any advice / experience. thank you.

[Pezza54]

Hi
Welcome to Lb
Please read the thread (and follow up posts) started by SARIN on 28 February 2024
Search on the name SARIN
It is your decision whether to carry on and defend the claim
You may have to return to the car park and take photos of the signage

[des8]

We need fuller info to help you, but first send a CPR31.14 to the solicitors and a Subject Access Request to Euro Car parks.
There are templates in the SHORTCUTS panel on the right of this page.
They will need editing to fit your circumstances.

If you find a copy of the original Notice to Keeper, please post it up but remove identifying details first (leave in all dates and times)
If you don't have a copy those letters should flush one out.

your defence needs to be in by 21st Oct, so if necessary bump this thread around 15th

[espere_alys]

Hi des8 Thanks so much!
I could not find the original notice to keeper. I'll have another look on the weekend.
I have sent the SAR and CPR31.14.

What other info should I provide here?
Happy to drive up to Hatton Cross, I have to go sort of that way tomorrow so I will pop in and photograph it.

Pezza54 I could not find the Sarin thread. Could you link to it perhaps?

thanks both
EA

[des8]

photos of the signage will be useful, but please make sure even the small print is legible.

The SAR should produce a copy of the NTK

will need to see a copy of the claim form (altho I can probably quote that word for word as DCBLegal seem to have only one template!)

[Huxie]

The Sarin thread that Pezza54 refers to:
https://legalbeagles.info/forums/for...qdr-solicitors

[espere_alys]

a few Google streetview images in the meantime:






It's not actually the world's most obvious sign.
I evidently did not spot it.
These are from 2022 when the charge applies to (except the one which says 2018 in the top left).

[espere_alys]

and the claim form

[des8]

Photos of the signs within the station are what we need if you can get them

[espere_alys]

I went to the BP Hatton Cross station yesterday and I was so confused, because it's not the station I remember being parked at.
I remember taking a long call in another Euro Car Parks managed station about two miles further along - the Esso MFG Stanwell.
I have no recollection of ever being in the other station, didn't ring any bells. It could be my age, haha but also I wonder why on earth I would have spent over half an hour in a random petrol station that I don't remember. And also why I don't have a ticket for being parked over an hour in the Esso!
I'm going to hunt again for the PCN so I can look at the photos and date.

[espere_alys]

BP Hatton Cross signage

[des8]

Just to show how slapdash DCBL are, those signs refer to "Maximum Stay" whereas the claim form is for parking longer than the maximum period allowed.
In this case it probably won't make any difference to your defence but "staying" is not the same as "parking"

Be good to see if you can identify the car park from the photographs on the NTK when you receive it.

[espere_alys]

Is it worth asking DCBL for a settlement amount? In a bid to make it less than £300?
Or do I go to court with no defence and just accept whatever they throw at me?

Or is there anything else I can or should do?

Go to the hearing an plead leniency is all I can imagine doing, because I just assumed it was a petrol station and did not even think about there being a parking restriction and I had to stop driving because I was emotional about the personal situation.

But of course I did also ignore the letters. Do they take that into account and just slap you with the full amount?

[des8]

imo unlikely that DCBL will settle for less than the £300, but they might knock a bit off if you are lucky.

No use admitting the driver acted incorrectly and then asking the court for leniency ... it doesn't work that way even if the driver was upset

When it goes to court, besides your defence, which may or may not be successful, you can challenge the amount claimed ;
i) as driver because the signage will almost certainly be unfair & contrary to a ruling by the Supreme Court
ii)as keeper because the law states the parking company can only recover the parking charge 9not any recovery costs except court charges & legal expenses(£50)

This might get the claim thrown out by the judge, but should certainly get the amount reduced by about 50%

If you want we can draft a defence for you in the next couple of days, but it will probably need amending if you receive replies to your requests.
Please let us know what you decide

[espere_alys]

Ok thank you for clarifying that. Very helpful.

My response has to be in by Monday I think so I would be extremely grateful if you would draft a defence.

This is something I would enter on the Court site where I acknowledged the claim yes? And I assume I will then have to attend a hearing.

a reduction would be welcome certainly!