Help with court claim particulars date 9/11/16

[GSTQ9647]

Hi there hoping you might be able to help me compose a defence for my father who is registered keeper for the vehicle in question. It is with regards to 4 tickets from Indigo parking services at a hospital in wales. I notice you have already started dealing with a number of similar situations. The driver who hasn't been identified to the company was in possession of a residents permit but didn't pay for tickets. The company in question underwent a re-branding exercise from 'vinci' to 'indigo'. From the 1st of April 2016 they had reduced their charges but have now begun taking people to county court for their charges. All charges prior to this seem to have been wiped.

I have attached the sanitised copies of the claim and particulars. The claim was received on the 1/11/16 and the particulars on 9/11/16. The keeper submitted the acknowledgement of service on 20/11/16 stating the intent to defend all claims. If I'm right this means he has until 7/12/16 to submit a defence?

There are three areas that I thought might be worth bringing up but obviously I have no real idea what I'm talking about and will do whatever you suggest.
1) The assertion that they have authority to issue charges, they haven't submitted a copy of their contract with the hospital and I suspect the hospital would rather it wasn't a public document. I also wonder if they are the named company in the contract as prior to april it was Vinci running the car park. If they've altered the contract could that possibly exclude their exemption from welsh legislation making parking at hospitals free except for ones with a pre-existing contract with a parking company
2) The company has put a value of £1.05 on 24 hours parking if you hold a residents parking permit. For them to charge £128 now would be a 12,190% increase on the original value they placed on their parking spot which would, in my opinion, be deemed as 'extravagant and unconscionable' and so overstep the line of being a penalty per the beavis ruling
3) They have never provided the keeper with any evidence of the contravention.

Hope you can help as in addition to these 4 tickets thats have reached court there are a further 20 that are still at the pre-court stage and so the total that the keeper is at risk of paying is £3300!!!

Thanks in advance for your help!

P.S I believe others have already posted pictures of the signs at the carpark but I will put some more up when I get a chance to photograph them.

[R0b]

Re: Help with court claim particulars date 9/11/16

Hello

I've tagged [MENTION=5354]mystery1[/MENTION] for assistance, he will be along at some point to give his opinion

[mystery1]

Re: Help with court claim particulars date 9/11/16

Do you have any of the PCNs ? (more important here where the registered keeper wasn't the driver)

Can you assist with the positioning of the signs ?

M1

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

Hi I'm really sorry I never got an email notification saying that you'd replied I thought maybe you were prioritising others over me as my defence doesn't have to be in until the 6th. I will photograph the PCNs tomorrow and post them and I will attempt a sketch of sign positioning too.

Very sorry again for having missed your reply.

[mystery1]

Re: Help with court claim particulars date 9/11/16

Excellent.

I was going to do [MENTION=3164]Saffron[/MENTION]hat thread tonight but i'll wait on the sketch as it all helps.

M1

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

Hi here is an example pcn

ill draw the signs tonight

thanks for your help
GSTQ9647

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

Hi here is a sketch of the signs i'm aware of, I believe my tickets relate to the car park i've marked with red. The red arrows are the small style signs which in that car park are all small and high up on walls, pointing in the direction of the sign. the blue dot is the pay machine which has the costs detailed. The other car park i've marked is the only other one i've parked in and the signs are marked in black. There may be more in the back hidden around but i've only parked in the front so i've only seen these ones.

I believe someone else has detailed the wording of the legal bit at the bottom of the signs on another thread. I'll post pictures in a second of the signs. I've noted the only ones that are lit at night are the ones at the pay machine.

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

Here's the signs. The first photo is what it says at the entrance of the car park with the black arrows but I haven't seen its counterpart at the entrance to the red arrowed car park. The second is what it says by the pay machine. The final photo is the sign which is represented by red arrows, largely high up on the wall. Even with my glasses I can't read what they say up on the walls. To give you a sense of scale its about 100m from the blue dot on the red arrow car park down to the bottom of the car park is about 80 meters or so.

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

and here is a close up of the legal bit at the bottom of the third sign

Sorry for the number of posts but I was struggling to get it to attach everything in one go and it was becoming convoluted.

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

Just wanted to check if there was anything else needed. Also if my date of particulars was 9/11/16 does that mean I have until 6th or until the 7th to submit defence?

Thanks,
GSTQ9647

[mystery1]

Re: Help with court claim particulars date 9/11/16

Not as desperate as you think as you forgot to allow time for service. Anyway go to bed and there should be a defence to edit by the time you get up :okay:

M1

[mystery1]

Re: Help with court claim particulars date 9/11/16

Edit to suit. Note i assume the defendant is your dad and he wasn't driving or a permit holder. Funnily enough the signs only say that permit holders need to display the permit but doesn't say non permit holders aren't welcome.

GSTQ9647def.rtf

M1

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

Hi Mystery1,

Unbelievably grateful to yu for your help so far. I understand your preferred donation as thanks is to help pay for the servers which I will definitely be doing!

I've had a reply essentially suggesting that we go to mediation.

What do you think I should I do? Accept mediation and see if they do too then just try to reduce cost down as much as possible? Or do you think the case is strong enough to go to court? If I did that would my father have to do much in court? He's fairly old and I wouldnt want to cause him too much stress...
Any cases similar to mine further forward and showing promise?

Once again thanks for your help hope you had a good christmas and new year!
Sincerely,
GSTQ9647

[mystery1]

Re: Help with court claim particulars date 9/11/16

What do you think I should I do? Accept mediation and see if they do too then just try to reduce cost down as much as possible?

Yes but it is unlikely they'd settle for too little and what it's worth to you

Or do you think the case is strong enough to go to court?

They are going to have trouble with it because they are chasing the keeper who wasn't the driver. But no case is certain in the small claims track.

If I did that would my father have to do much in court?

As long as he is present you can act as his lay representative.

M1

[GSTQ9647]

Re: Help with court claim particulars date 9/11/16

Hi Mystery1, they have responded proposing to go to mediation along with us. In the meantime they sent me the letter which I have attached below. Any suggestions if mediation tactics? Any thoughts on the letter?


Thanks again in advance,
GSTQ9647

Yes but it is unlikely they'd settle for too little and what it's worth to you



They are going to have trouble with it because they are chasing the keeper who wasn't the driver. But no case is certain in the small claims track.




As long as he is present you can act as his lay representative.

M1