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Hi there i am new to the forums , i came across them via several links starting from the "Parking cowboys " website . I am looking for help regarding defending the following claim . Initially i posted in the Parking /PCN/IPC section but realise now that since i have already the Court claim forms i should probably have posted in a different section.
Details of claim :
Hi there i'm looking for some help regarding trying to defend a claim re the above . I started to fill out the online form to Northampton C.C. but figured i would be better taking some advice first as this is totally new to me.
Circumstances of the case are as follows:
1. Parked in privately owned car park (signs visible) on 13/6/2016 . Bought a 1 hr ticket and stuck it to the windscreen . It was a hot sunny day and upon returning to the car park 45 minutes later i found the ticket had detached from the windscreen. The sticker part had dropped on the top of the dash with the ticket branding and serial number clearly visible. The dated ticket part had dropped on the seat and was not visible, having landed face down. A pcn charge envelope was attached to the car.
2.I accessed the companies website to look at the photos taken . One photograph shows in close up very clear easily readable detail the sticker part of the ticket and the serial number .
3. I sent an appeal to the company with a photo of my complete valid parking ticket along with their photo of the serial numbered other sticker half of the ticket as proof that parking at the time in question had been paid for by myself.
4. Parking company refused the appeal but interestingly wrote on the appeal refused letter that "the ticket must be stuck to the windscreen by the sticker ". ( Which to my mind means that ensuring the ticket stays visible once you have left the vehicle is impossible). and also wrote that the ticket had dropped on the seating and could not be identified by the parking inspector ; this seems strange when they have the photo on their website of the sticker part of my ticket with the branding and a serial number that would no doubt have been in close sequence to the other cars parked in this fairly small car park.
5. Reading advice on how best to proceed (Money saving expert , i think) i then appealed to the I.P.C. with the expected result ( after reading about I.P.C. and the greatly reduced amount of successful appeals) of a failure , with the gist being that although it "looks like the apelee bought a ticket , that is largely irrelevant " .
6. A couple of weeks later received a letter from Armtrac demanding the full £100 pcn since i had waived right to a reduction by appealing.
8. Wrote a letter to Armtrac telling them that i was not going to pay and did not want to be sent debt collectors letters and would settle the matter in court . ( probably not the right course of action)
9. Received the County court claim form on saturday the 22nd.
From what i've read it seems that the parking charge is meant to be to recompense to the land owner for monies lost from people not paying . So i assumed that since i can prove that i bought a ticket , landowner has not lost any money and the charge is invalid , but maybe i'm wrong. The other point is i can't understand why i have had no communication from Armtracs solicitor . The first i have heard from him is seeing his name printed on the claim form.
Hope you can help me to point me in the right direction regarding this : I have the complete parking ticket saved and have also the relevant pictures used by the parking company saved on my computer . I intend to use these to prove that the car parking fee was paid and therefore no pcn is due.
Details of claim :
Hi there i'm looking for some help regarding trying to defend a claim re the above . I started to fill out the online form to Northampton C.C. but figured i would be better taking some advice first as this is totally new to me.
Circumstances of the case are as follows:
1. Parked in privately owned car park (signs visible) on 13/6/2016 . Bought a 1 hr ticket and stuck it to the windscreen . It was a hot sunny day and upon returning to the car park 45 minutes later i found the ticket had detached from the windscreen. The sticker part had dropped on the top of the dash with the ticket branding and serial number clearly visible. The dated ticket part had dropped on the seat and was not visible, having landed face down. A pcn charge envelope was attached to the car.
2.I accessed the companies website to look at the photos taken . One photograph shows in close up very clear easily readable detail the sticker part of the ticket and the serial number .
3. I sent an appeal to the company with a photo of my complete valid parking ticket along with their photo of the serial numbered other sticker half of the ticket as proof that parking at the time in question had been paid for by myself.
4. Parking company refused the appeal but interestingly wrote on the appeal refused letter that "the ticket must be stuck to the windscreen by the sticker ". ( Which to my mind means that ensuring the ticket stays visible once you have left the vehicle is impossible). and also wrote that the ticket had dropped on the seating and could not be identified by the parking inspector ; this seems strange when they have the photo on their website of the sticker part of my ticket with the branding and a serial number that would no doubt have been in close sequence to the other cars parked in this fairly small car park.
5. Reading advice on how best to proceed (Money saving expert , i think) i then appealed to the I.P.C. with the expected result ( after reading about I.P.C. and the greatly reduced amount of successful appeals) of a failure , with the gist being that although it "looks like the apelee bought a ticket , that is largely irrelevant " .
6. A couple of weeks later received a letter from Armtrac demanding the full £100 pcn since i had waived right to a reduction by appealing.
8. Wrote a letter to Armtrac telling them that i was not going to pay and did not want to be sent debt collectors letters and would settle the matter in court . ( probably not the right course of action)
9. Received the County court claim form on saturday the 22nd.
From what i've read it seems that the parking charge is meant to be to recompense to the land owner for monies lost from people not paying . So i assumed that since i can prove that i bought a ticket , landowner has not lost any money and the charge is invalid , but maybe i'm wrong. The other point is i can't understand why i have had no communication from Armtracs solicitor . The first i have heard from him is seeing his name printed on the claim form.
Hope you can help me to point me in the right direction regarding this : I have the complete parking ticket saved and have also the relevant pictures used by the parking company saved on my computer . I intend to use these to prove that the car parking fee was paid and therefore no pcn is due.
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