Parking company taking me to court

[DTong]

I have just managed also to complete the Acknowledgement of Service and suggested.
What next?

[ostell]

I’m trying to get the back but when I take a picture or scan the file size is too large. Bear with me but as I said, there is nothing of use but will upload when I can. Would it be helpful to upload the a copy of the claim the courts have also sent?

Yes it is of use. Far from being nothing of use they have unfortunately given those required POFA statements on the back. Did you compare the text with paragraph 9 of POFA?

[DTong]

No but I just have.
So How do I defend, any suggestions welcome?

[charitynjw]

The first 'port of call' in these types of cases is to contact the shop/restaurant etc to see if they would intercede.
After all, it is their business that could suffer if it becomes public knowledge that some private parking co is aggressively chasing bona fide customers for huge amounts of money.
Unfortunately, now this is in court, there's probably not much they can do.

I would imagine that the Supreme Court case of Beavis V ParkingEye will figure large in this, so you need to bone up on that & show how your particular situation is distinguished (materially differs.)

http://www.bailii.org/uk/cases/UKSC/2015/67.html

(From para #89)

[DTong]

Tried that originally and manager didn’t want to know. Since visited site again to prep for my defence and thought I’d give it another go. Manager seemed bit more sympathetic - maybe different manager. Outcome was that as the parking company has already taken it to court they could do anything.

Anyway quick question please lease as I prepare my defence? Where can I get copies of case studies to draw on for evidence and how much detail do I need to out in my court submission bs how much I take with me?

I want to give the parking company as little to go on about my defence as possible so they can’t prepare a counter for everything I come up with?

i am aware that parking companies are taking people to court purely to re-write case law and their internal appeals process allows them to pick and choose which fights to fight to allow them to do just that.

Slowly but surely they are closing all the loop holes in an industry which is still quite frankly daylight robbery. Anyway that’s just my opinion. I now need to write my defence.

[ostell]

Typical shop response. As they are the principal in the matter they can tell the PPC what do do, but don't because of the hassle involved.

[DTong]

Well I frankly told the manager that I will be taking them to court if I lose to recover my loses due to their poor service and delay in serving me. Any way back to the challenge in hand and that is where can I download copies of case studies please for reference and how much detail do I need to submit in my defence submission to the court?

[ostell]

Search around this site and pepipoo forums

[charitynjw]

Have you posted up a redacted pic of the front of the NtK?
If so, where?
If not, please do so

Btw

13 Grace periods
13.1 If a driver is parking without your permission, or at locations where parking is not normally permitted they must have the chance to read the terms and conditions before they enter into the ‘parking contract’ with you. If, having had that opportunity, they decide not to park but choose to leave the car park, you must provide them with a reasonable grace period to leave, as they will not be bound by your parking contract.
13.2 If the parking location is one where parking is normally permitted, you must allow the driver a reasonable grace period in addition to the parking event before enforcement action is taken. In such instances the grace period must be a minimum of 10 minutes.
13.2.a Vehicles are not permitted to park under the grace period in spaces designated to specific users for example Blue Badge holders. At all times vehicles must have appropriate and valid permit e.g Blue Badge on display for enforcement officer to inspect.
13.3 You must tell us the specific grace period at a site if our compliance team or our agents ask what it is.
13.4You should allow the driver a reasonable period to leave the private car park after the parking contract has ended, before you take enforcement action. If the location is one where parking is normally permitted, the Grace Period at the end of the parking period should be a minimum of 10 minutes.

https://www.britishparking.co.uk/wri...CE_CURRENT.pdf

[DTong]

Hi Charitynjw. I did upload a copy of the PCN earlier I this thread but had it taken down as the ref no. Was still visible.

I have to complete my defence today and just need to know what level of detail I need to put in vs what I should prepare and take with me. I. E do I upload or reference other cases, include photos of signs and receipts etc.

i absolute did not see any signs and where I parked both signs are located in trees for peat sake.

I found out on revisiting there is a machine inside for entering Reg number if you go over the 1 hr curfew. This is not made aware to customers in the restaurant at all and it is not signposted at all what the machine is there for. In fact when I sent back it was turned off. There is no signs inside indicating parking restrictions or that customers need to enter reg details and I covertly made a video of myself ordering and no reference was made at all regarding parking restrictions or need to register vehicle. Just some added information. I’ll put back up the PCN next.

[DTong]

So I’m short I went over by 12 mins but my receipt shows it took the restaurant 20mins to take my order then due to them prioritising drive through customers 1st took at least another 15 - 20mins to be served as they got my order wrong in forgetting my 3 yr old sons chicken nuggets. When I pointed this out they cooked some fresh ones which then were so hot my son took a while to eat them. All the time the clock was ticking with no knowledge on my part of the 1hr limit.

[charitynjw]

See post #24
Their Code of Practice states a min of 10 mins allowed at the beginning of the parking period plus a min of 10 mins to exit.
You were only 12 mins over?

[DTong]

Seriously. Can I reference this or is this 10mins total time?

[DTong]

I have just sent my defence to the court but there was no fiction to add pictures or receipts. Is this correct or was there an error? Help anyone?

[ostell]

Evidence is sent with your witness statement. That comes later in the process.