How to contest County Court Business Center notice to recover PCN invoice charges

[raj_gill]

Hi,

I would need your help to defend this one. I read some posts and must say you have people with immense amount of knowledge in this matter. Here are my circumstances:

1. I entered a road with signs Burket Close - London borough of Hounslow' road.
2. I parked on a space without any markings on them.
3. I received a PCN from 'UK Car Park Management Ltd.' stating I parked on a private land with out agreeing to the 'contract'. - attached
4. I ignored the PCN as I knew i didn't park on a private land or atleast the signage wasn't appropriate. I entered a council road and parked there. The signs for private road is ahead of where I parked and not to be seen from where I entered a road until where I parked. - See some photos attached to support this.
5. The Parking company kept sending me notices which I ignored.
6. Now I have the County Court notice, which i mustn't ignore.

It would be great if you can guide me answer this claim successfully. I'm going to contest it.

Many thanks,
Raj

[raj_gill]

Plz help me post this in the right forum, thread. Not sure if everyone is seeing this post... cheers

[ostell]

So post up the original PCN that was received, redacted of identifying details but leave dates

Edit your post so that the identity of the driver cannot be inferred. Use "the driver ........." etc

Contact the council to check which part of the road, if any, is adopted. It may be on a council web page

Photos of the signs as you enter the road.

It may have Hounslow on the signs but that doesn't mean it is not private

There is a sign on the other side of the road to where the car was parked. What did it say?

[raj_gill]

So post up the original PCN that was received, redacted of identifying details but leave dates

Edit your post so that the identity of the driver cannot be inferred. Use "the driver ........." etc

Contact the council to check which part of the road, if any, is adopted. It may be on a council web page

Photos of the signs as you enter the road.

It may have Hounslow on the signs but that doesn't mean it is not private

There is a sign on the other side of the road to where the car was parked. What did it say?

Thanks Ostell. Please find attached.
The Road Sign pic is not great, I'll get a new one by tmrw...

[ostell]

The sign is a prohibiting sign that does not allow parking on the roadway at any time. There is no offer of a contract to park, to claim that one exists for something that us expressly forbidden is perverse. No contract = no breach = no money due.

[raj_gill]

The sign is a prohibiting sign that does not allow parking on the roadway at any time. There is no offer of a contract to park, to claim that one exists for something that us expressly forbidden is perverse. No contract = no breach = no money due.

Here is a better picture of the sign. Do you still have the same opinion - there is no contract?

[ostell]

Yes. They specifically say no parking on access roadway so the car was parked there so there can be be no contract created to do something specifically forbidden. The charge is a penalty which is not allowed

What does the council say about the road?

[raj_gill]

Yes. They specifically say no parking on access roadway so the car was parked there so there can be be no contract created to do something specifically forbidden. The charge is a penalty which is not allowed

What does the council say about the road?

The council hasn't got back to me yet, they have a 10 day SLA to reply. I checked the council map and this road 'Burket Close' is not one of the adopted roads.
The time is running out at my end. I need to reply to the County Court Claim by tomorrow. I'll prepare my case based on the following two points:
1. There was no contract created based on the signage
2. From the entry into the road, until I parked - there was no signage for me to look at.

[ostell]

From the entrance to where the driver parked....

The NTK fails on 2 points: invitation to keeper not in the prescribed format and no period of parking

Dear Sirs,

I have just received your Notice to Keeper xxxxx for vehicle VRM xxxx

You have failed to comply with the requirements of Schedule 4 of The Protection Of Freedoms Act 2012 namely, but not limited to, failing to give the invitation to keeper in the format prescribed by section 9 (2) (e) of the Act. You cannot, therefore, transfer liability for the alleged charge from the driver at the time to me, the keeper.

There is no legal requirement to name the driver at the time and I will not be doing so.

I do not expect to hear from you again, or your debt collectors, except to confirm that no further action will be taken on this matter and my personal details have been removed from your records.

Yours etc


Also bring up the lack of visible signs and the later sign being prohibitive

[raj_gill]

Hi,
I have now received a mediation letter from the claimant's solicitor requesting to resolve the matter outside the court. Please find attached the letter. Not sure what would be the best course of action from my end.
Thanks,
Raj