Tweet
Hi All,
I hope someone can help me, I have received what I believe is an N1 form, sent to me by Gladstones Solicitors on behalf of PCM. I have never been to court before and have been extremely worried, I would really appreciate some assistance on how to tackle this.
A brief summary
My sister moved in to her new flat (rented) in June 2016. At the time, we moved in as much furniture as we could get into a small van. There were absolutely no restrictions to park - we had checked this with the caretaker beforehand.
Nov 2016, assuming the parking regulations were no different, I helped my sister move a desk into her new flat, together with a suitcase full of clothes. We had parked near the entrance of her new flat, not blocking access to any areas and together carried the desk into the building and up to her flat on the 6th floor. I went back down for the suitcase, too my surprise I seen a parking attendant issuing a PCN. I confronted the attendant and explained why I was parked there. I questioned why she was issuing the PCN as we were not aware of any restrictions in place. Although sympathetic, she pointed out a sign and stated I was in breach of the parking terms. She stated that as the ticket had been printed there was nothing she could do. She suggested contacting the appeals department who would immediately revoke the PCN.
My sister, feeling guilty wrote to parking control management, who responded within 48 hours. They rejected our request to quash the PCN charge. Reading a few forum posts (v old posts) , I chose to ignore letters from PCM – something I know now was a BIG MISTAKE. I never heard from PCM for several months, recently I received a letter before action, and subsequently within a few days of receiving this I was sent out a N1 county court claim form. I didn’t even get the chance to respond to the letter before claim.
I have filled out the Acknowledgement of service form stipulating that I intend to put up a defence but frankly speaking I have no understanding of how this process works and where to being. I have been reading through posts but have ended up confusing myself and would really appreciate some assistance on how to tackle this situation.
When the PCN was issued, I took a picture of the sign which stated the following:
“ NO PARKING ON THIS ROADWAY OR ON PAVED AREAS EITHER WHOLLY OR PARTIALLY AT ANYTIME”
By parking or remaining at this site otherwise than in accordance with the above you, the driver are agreeing to the following contractual terms:
You agree to pay consideration in the form of a parking charge in the sum of £100. To be paid within 28 days of the issue. This is reduced to £50 if paid within 14 days.
I have recently (03/10/2017) returned to the site, it seems as if the company managing the area has changed from PCM UK LTD to P4PARKING. The sign now states clearly
“NO PARKING ZONE”
By Parking here you are entering into a BINDING CONTRACTUAL AGREEMENT. Please note this a no parking area, all vehicles will be charged via the insurance of a parking charge notice if found parked within the no parking zone.
Reading through some of the forum posts I understand the wording of a sign can have a significant impact on the outcome of a county court claim. I have identified two previous judgements ruled in the favour of the defendant based on use of a ‘Forbidding sign’
LAURA JOPSON v HOMEGUARD SERVICES LIMITED and
PCM (UK) v Bull (B4GF26K6).
Would I be right in assuming that I can base my defence on the above? It seems strange that the signs have now been reworded, could this be due to the fact that the existing signs did not establish a contract?
I’d really appreciate any assistance or guidance that you could provide.
Thanks
I hope someone can help me, I have received what I believe is an N1 form, sent to me by Gladstones Solicitors on behalf of PCM. I have never been to court before and have been extremely worried, I would really appreciate some assistance on how to tackle this.
A brief summary
My sister moved in to her new flat (rented) in June 2016. At the time, we moved in as much furniture as we could get into a small van. There were absolutely no restrictions to park - we had checked this with the caretaker beforehand.
Nov 2016, assuming the parking regulations were no different, I helped my sister move a desk into her new flat, together with a suitcase full of clothes. We had parked near the entrance of her new flat, not blocking access to any areas and together carried the desk into the building and up to her flat on the 6th floor. I went back down for the suitcase, too my surprise I seen a parking attendant issuing a PCN. I confronted the attendant and explained why I was parked there. I questioned why she was issuing the PCN as we were not aware of any restrictions in place. Although sympathetic, she pointed out a sign and stated I was in breach of the parking terms. She stated that as the ticket had been printed there was nothing she could do. She suggested contacting the appeals department who would immediately revoke the PCN.
My sister, feeling guilty wrote to parking control management, who responded within 48 hours. They rejected our request to quash the PCN charge. Reading a few forum posts (v old posts) , I chose to ignore letters from PCM – something I know now was a BIG MISTAKE. I never heard from PCM for several months, recently I received a letter before action, and subsequently within a few days of receiving this I was sent out a N1 county court claim form. I didn’t even get the chance to respond to the letter before claim.
I have filled out the Acknowledgement of service form stipulating that I intend to put up a defence but frankly speaking I have no understanding of how this process works and where to being. I have been reading through posts but have ended up confusing myself and would really appreciate some assistance on how to tackle this situation.
When the PCN was issued, I took a picture of the sign which stated the following:
“ NO PARKING ON THIS ROADWAY OR ON PAVED AREAS EITHER WHOLLY OR PARTIALLY AT ANYTIME”
By parking or remaining at this site otherwise than in accordance with the above you, the driver are agreeing to the following contractual terms:
You agree to pay consideration in the form of a parking charge in the sum of £100. To be paid within 28 days of the issue. This is reduced to £50 if paid within 14 days.
I have recently (03/10/2017) returned to the site, it seems as if the company managing the area has changed from PCM UK LTD to P4PARKING. The sign now states clearly
“NO PARKING ZONE”
By Parking here you are entering into a BINDING CONTRACTUAL AGREEMENT. Please note this a no parking area, all vehicles will be charged via the insurance of a parking charge notice if found parked within the no parking zone.
Reading through some of the forum posts I understand the wording of a sign can have a significant impact on the outcome of a county court claim. I have identified two previous judgements ruled in the favour of the defendant based on use of a ‘Forbidding sign’
LAURA JOPSON v HOMEGUARD SERVICES LIMITED and
PCM (UK) v Bull (B4GF26K6).
Would I be right in assuming that I can base my defence on the above? It seems strange that the signs have now been reworded, could this be due to the fact that the existing signs did not establish a contract?
I’d really appreciate any assistance or guidance that you could provide.
Thanks
)
Comment