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Hi All,
Looking for some advice please on the following Claim made against me:
Particulars of the claim:
1. The Defendant is indebted to the Claimant for a Parking charge issues to vehicle XXXX XXX at St Johns Retail Park
2. The PCN details are xx/xx/2016
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thuis incurring the PCN(s)
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment.
3. Costs and court fees
So here's the thing with St Johns retail park, it's free to park there for 2 hours ... It looks like the driver may have overstayed by 21 minutes in a FREE car park. The driver also spent in excess of £850 with retailers within the retail park in that day (although this likely has no relevance to the PCN).
The original charge amounted to £100 (£50 if paid within 14 days) for exceeding the two-hour free parking limit. Which in of itself seems overly disproportionate given there is no proof of loss to OPC Ltd nor can this be obtained since the car park is FREE.
The driver recalls of the day, the signage on the entrance to the retail park was blocked by vehicles parked on double yellow lines - therefore has not entered into any contract with OPC.
The driver also recalls upon trying to exit the retail park, congestion along the entry / exit road prevented the drivers leaving within the BPA guidelines of 15 minutes
I would like to ask what my next steps would be in persing this? I have submitted AOS to the County Court so have 28 days to submit my response to them.
Should I be submitting a CPR 31.14 request immediately?
Any help of guidance would be much appreciated
Thank you, and hope you're all staying safe in the current climate!
FrogsLegs
Looking for some advice please on the following Claim made against me:
Particulars of the claim:
1. The Defendant is indebted to the Claimant for a Parking charge issues to vehicle XXXX XXX at St Johns Retail Park
2. The PCN details are xx/xx/2016
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thuis incurring the PCN(s)
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgement or sooner payment.
3. Costs and court fees
So here's the thing with St Johns retail park, it's free to park there for 2 hours ... It looks like the driver may have overstayed by 21 minutes in a FREE car park. The driver also spent in excess of £850 with retailers within the retail park in that day (although this likely has no relevance to the PCN).
The original charge amounted to £100 (£50 if paid within 14 days) for exceeding the two-hour free parking limit. Which in of itself seems overly disproportionate given there is no proof of loss to OPC Ltd nor can this be obtained since the car park is FREE.
The driver recalls of the day, the signage on the entrance to the retail park was blocked by vehicles parked on double yellow lines - therefore has not entered into any contract with OPC.
The driver also recalls upon trying to exit the retail park, congestion along the entry / exit road prevented the drivers leaving within the BPA guidelines of 15 minutes
I would like to ask what my next steps would be in persing this? I have submitted AOS to the County Court so have 28 days to submit my response to them.
Should I be submitting a CPR 31.14 request immediately?
Any help of guidance would be much appreciated
Thank you, and hope you're all staying safe in the current climate!
FrogsLegs
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