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ugent - court on 27th Nov


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I recieved a PNC from UKCPS in April 2013 at Cineworld cinemas.. the circumstances are that i had prebooked cinema tickets (worth £25) and had gone to a lot of effort to get a baby sitter for my 4 month old baby (paid £20) as it was out anniversary.

 

We had driven round and round the carpark for 45 minutes looking for a space and there were none. The facilities are a free car park but as well as the cinema there are around 10 resturants, a bowling alley and a park and ride for city centre.

 

We had exhausted the time the trailers would have been rolling and upset and about to miss our film i parked my car on double yellow lines, amongst a few other cars. If we had given up and gone home we would have been very out of pocket and missed the possibly only chance we would have of getting out as a couple. Previous to this we had been attending the cinema as paying customers every weekend, however we had never been together. Sometimes he would take a friend and some times i would take my little girl.

 

I was advised on here to ignore it... which i did.. then i got court papers so i sent the defence as stated on here but now they have sent a very scary particulars of claim.

 

I have written them two letters explaining the mitigating circumstances, the first stating i did not deny the offence but i deemed the £100 fine was too much and offered the fee that council charge being £35. The second letter offered them £45, being the amount of money i would have lost if i had given up and gone home... without taking into account the depression i would have felt having been looking foward to it and suffering post natal depression.

 

Am i kidding myself thinking i have a chance at winning this? is the Judge going to laugh me out?

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If its private parking then they have no basis for a claim and you must defend it.

 

What are the particulars of claim? UKCPS seem to be taking on Parking Eyes ideology where they issue claims on everything, regardless of its legality.

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I received a parking notice from you at Centretainment in Sheffield some time ago. I have now further received your claim through Northampton County Court.

 

I am extremely upset it has come to this. On the day in question I had pre-booked cinema tickets at Cineworld and had spent 45 minutes driving round and round the car park looking for an adequate space, however, there was an event at the arena and the car park was over flowing. Not wanting to miss my film which I had already paid for, and having exhausted the time that I assumed the trailers would be rolling, I parked my car alongside another car who admittedly was on double yellow lines. I had recently had a baby and had gone to great lengths of finding and paying a baby sitter for the duration of the film and was unlikely to get the chance to attempt it again in the near future.

 

As a very regular paying customer of Cineworld I am very upset that I was forced to make the decision of obtaining a ticket for parking or missing my film! May I suggest that your staff pay extra attention to those using the car park who are not using the facilities at Centretainment. You will see from the attachment that I frequent Cineworld at regular intervals (although this only shows tickets booked online and not on my mobile phone which I use to book the substantial amount).

 

I am not denying I was in the wrong by parking where I did, however I am not willing to pay you the sum you have requested. I am willing to pay you the sum of £35 which is the total amount the City Council charge when found violating a parking restriction as I feel the amount you have charged is disproportionate to the loss you have encountered. If this is not a suitable amount I am happy to take it to Court and someone from my firm will see you there.

Edited by citizenB
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Will the fact that i have offered a montary value put me in good standing at court? i cant just walk in with mitigation and reasons coz that will not result in me being found not guilty. I have read numerous things about unfair contracts but wouldnt have a clue how to word this as a defence

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Sorry but that defence will not get you any where.

 

I would be more then happy to help you if the case was held as Sheffield county court.

 

However I wouldn't waste my time with the defence that you drafted. I dont mean to sound harsh but ukcps will walk over you and haswell would be most likely attend as it's not far from leeds

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So i should just pay it? £175 plus whatever costs they have now added on top? it says if someone i was with had a blue badge not necessarily me

 

With that defence you will loose but it's not worth paying at this stage. They may not turn up.

 

Yes but what you have said the person wasn't with you and even if they were you have left it to late.

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This offer was only produced yesterday with the particulars of claim.

 

I was not parked in a disabled bay so had no reason to assume that providing any disabled badge would free of obligation.. i was on double yellow lines. I was not aware the passenger of my car could even use her disabled badge in my car in any event. i thought it had to be her own.

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I'm more than a little confused. When did you receive the paperwork from the court? If you've only just had the poc how have you already got a court date?

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Where there no POC's on the original claim? Unfortunately your defence is all mitigation, even if a Judge agreed with you they could not judge on it as they have to judge on points of law. You need to pick apart their POC part by part, but you need to get it there ASAP and hope the Judge allows it too be entered. You could argue that UKCPS have delayed.

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