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Hello LegalBeagles Community,
I am seeking your advice and expertise on a matter involving a parking charge notice (PCN) that I recently received. I have been issued a County Court Claim for this PCN, but I dispute the charge on the grounds of inadequate signage. I would appreciate any guidance on how to proceed with this issue.
Received a claim? Yes
Issue Date: 18/03/23
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £250
Claimant’s Name: UK Parking Control LTD
Solicitors Firm: DCB Legal
Original Creditor: UK Parking Control LTD
Original Debt: Parking Charge Notice (PCN)
Particulars of Claim:
1. The defendant (D) is indebted to the Claimant (C) for Parking Charge issues to vehicle [Vehicle Registration] at [Location].
2. The PCN details are [date] [pcn number].
3. The PCN was issued on private land owner or managed by C. The vehicle was parked in breach of Terms and Condition Signs (the Contract), thus incurring the PCN.
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of PCN and damages. 2. interest at daily rate £0.02 3. Costs and court fees
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No, the PCN was issued in May 2022.
List any letters you have sent (eg: CCA/ CPR ): I have sent a response to the Pre-action protocol for debt (letter before claim). The letter was dated 11th feb, said I had to reply "within 30 days", I replied 13th March. Exactly 30 days. I requested more information and also I requested they give me a further 30 days. They gave me more info, but did not give me further 30 days.
Any Other Information or Background Details: The charge is disputed due to the lack of entrance signage and the only other nearby signage being obscured by a lorry. The appeal to the parking company was unsuccessful, and the deadline to appeal to POPLA was missed.
On the day in question, I parked my vehicle at the Car Park, unaware of any parking restrictions due to the lack of clear signage at the entrance of the parking area. The only other signage on site was obscured by a parked lorry, which made it impossible for me to view the parking rules or notice any potential charges. In addition there was no entrance signage. Interestingly they have now added entrance signage and additional wall mounted signage. As a result, I did not purchase a pay and display ticket and subsequently received the PCN.
I firmly believe that the parking company failed to provide adequate and visible signage to inform motorists of the parking restrictions and associated charges. Therefore, I find it unjust to be held liable for this PCN and the associated county court claim.
I would greatly appreciate any advice or guidance on how to dispute this charge and the county court claim effectively. What steps should I take to contest this PCN, and are there any specific legal arguments I can use to support my case? If anyone has encountered a similar situation or has experience dealing with such matters, your input would be invaluable.
Thanks in advance
I am seeking your advice and expertise on a matter involving a parking charge notice (PCN) that I recently received. I have been issued a County Court Claim for this PCN, but I dispute the charge on the grounds of inadequate signage. I would appreciate any guidance on how to proceed with this issue.
Received a claim? Yes
Issue Date: 18/03/23
Have you Acknowledged the Claim?: Yes
Total Amount Claimed: £250
Claimant’s Name: UK Parking Control LTD
Solicitors Firm: DCB Legal
Original Creditor: UK Parking Control LTD
Original Debt: Parking Charge Notice (PCN)
Particulars of Claim:
1. The defendant (D) is indebted to the Claimant (C) for Parking Charge issues to vehicle [Vehicle Registration] at [Location].
2. The PCN details are [date] [pcn number].
3. The PCN was issued on private land owner or managed by C. The vehicle was parked in breach of Terms and Condition Signs (the Contract), thus incurring the PCN.
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN is outstanding. The contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of PCN and damages. 2. interest at daily rate £0.02 3. Costs and court fees
Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): No, the PCN was issued in May 2022.
List any letters you have sent (eg: CCA/ CPR ): I have sent a response to the Pre-action protocol for debt (letter before claim). The letter was dated 11th feb, said I had to reply "within 30 days", I replied 13th March. Exactly 30 days. I requested more information and also I requested they give me a further 30 days. They gave me more info, but did not give me further 30 days.
Any Other Information or Background Details: The charge is disputed due to the lack of entrance signage and the only other nearby signage being obscured by a lorry. The appeal to the parking company was unsuccessful, and the deadline to appeal to POPLA was missed.
On the day in question, I parked my vehicle at the Car Park, unaware of any parking restrictions due to the lack of clear signage at the entrance of the parking area. The only other signage on site was obscured by a parked lorry, which made it impossible for me to view the parking rules or notice any potential charges. In addition there was no entrance signage. Interestingly they have now added entrance signage and additional wall mounted signage. As a result, I did not purchase a pay and display ticket and subsequently received the PCN.
I firmly believe that the parking company failed to provide adequate and visible signage to inform motorists of the parking restrictions and associated charges. Therefore, I find it unjust to be held liable for this PCN and the associated county court claim.
I would greatly appreciate any advice or guidance on how to dispute this charge and the county court claim effectively. What steps should I take to contest this PCN, and are there any specific legal arguments I can use to support my case? If anyone has encountered a similar situation or has experience dealing with such matters, your input would be invaluable.
Thanks in advance
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