• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

PCN Britannia Parking - Lydiards Field Swindon

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • PCN Britannia Parking - Lydiards Field Swindon

    Hi, I received a PCN from Britannia Parking in April 2017. At the time an appeal was lodged with them directly on the grounds that 1 hour limit was an unreasonable time to expect someone to spend at the facilities available. Specifically, there is a Costa coffee there which many use for lunch. They rejected the appeal and subsequently sent me further notices to pay.

    Roll on today, I received a claim form from the county court business centre. With the particulars of claim stating that the defendant owes £252.72 with BW Legal dealing with the case.

    I have researched the many forums that are available and have completed the following:

    1. SAR to Britannia
    2. SAR to BW Legal
    3. SAR to DVLA
    4. AOS online to the Courts - I have until 16th October.

    I am in the process of completing my defence with a template that I found on this forum from a very similar incident. The question I have is whether I should mention the following in my defence (and how should it be worded):

    I spoke with Britannia Parking who confirmed the cameras were installed on the 12th August 2015. They also confirmed that you are able to stay in the car park for up to 2 hours. (At the time of receiving my PCN the signage reportedly stated only 1 hour) They have no record of when that was changed so referred me to the legal company for any further questions.

    I spoke with the Manager at Costa who confirmed that the camera only appeared to be active from March 2017 when they received a barrage of complaints from their customers who, as you would expect, stayed longer than the 1 hour that the car park offered. Costa relentlessly insisted on getting this changed and approximately 10 weeks later, the car park was changed to be 2 hours. Costa themselves stated:

    1. The length of time of 1 hour was unreasonable
    2. They believe the signage to be poor so have installed their own signage in their store to warn their customers of the now 2 hour limit
    3. They were inundated with complaints from customers that were affected by this.

    Should I enter any of this into the defence? If so, any steer on how to word it would be appreciated.

    I have drafted a letter to BW Legal requesting key dates but have not yet sent it.
    Attached Files
    Tags: None

  • #2
    So where's the original PCN?

    Comment


    • #3
      Hi, Attached.

      Thanks,

      Chris
      Attached Files

      Comment


      • #4
        That PCN has so many POFA fails that there is no chance that liability can be transferred from the driver to the keeper. Do they know the identity of the driver?

        Comment


        • #5
          Not sure how they could know who the driver is. Could you give me a steer on what it fails?

          Comment


          • #6
            Look at POFA, http://www.legislation.gov.uk/ukpga/...dule/4/enacted especially section 9. 9.2 specifies all the wording that must be there to hold the keeper liable. A lot of it is missing or the wording is incorrect

            Comment


            • #7
              Ok, thank you will do. Is it worth adding the change of 1 hour to 2 hours shortly after the PCN was produced?

              Comment


              • #8
                Not really worth mentioning the time change

                Comment


                • #9
                  Ok so the areas of focus (from reviewing the Pofa) are:

                  1. They haven't described the parking charges due (they haven't described the parking charges that were payable) as well as other facts that made them payable. (e.g overstayed the then 1 hour limit)
                  2. They have not stated that the liability would fall on the registered keeper if the identity of the driver was not discovered (8f)


                  Am I missing anything else?

                  Comment


                  • #10
                    You're missing a lot!
                    9 (2) (a) No period of parking. Moving in front of a camera is not parking
                    9 (2) (e) No invitation to keeper.
                    9 (2) (f) No warning of keeper liability

                    Comment


                    • #11
                      Thanks for your help on this, as you can see my legal knowledge is limited! I am putting together a defence letter, can I just quote that they have not adhered to these Pofa points or do I need to express why they have not? I'm struggling with the "legal" wording if I'm honest!

                      Comment


                      • #12
                        Hi,

                        I've taken a stab at putting together my defence letter, if I post it, would you be able to give me a steer?

                        Comment

                        View our Terms and Conditions

                        LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                        If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                        If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
                        Working...
                        X