New Generation Parking/wright Hassle claimform - help

[Concernedparker]

Afternoon!

 

Really really hoping you guys can offer some advice.

 

I have received a claim form from Northampton County Court Business Centre, SUM is for 664 inclusinve of costs.

 

I have parked in a private "wasteland" car park, tucked away on the side of a building, subsequent to this i did receive PCN's however took local advice and one even from a police office to simply ignore.

 

Having ignored these (first dated 03/10/2014) I have today received the claim letter along with a letter from the solicitors detailing the particlulars of claim.

 

I wouild like to defend this case given that my job would be put in substantial jeapordy should this be awarded against me (work in financial services)

 

Any advice - PLEASE!

[DragonFly1967]

Who's the claimant?

 

Also, while you might have ignored everything up until now, do you still have any of the paperwork that contains dates etc?

[Concernedparker]

Hi Dragonfly-

 

Claimant is New Generation Parking -

I beleive I binned the majority of the letters, I may have some to hand though. yellow letters with a picture of my vehicle (no sign in the picture to refer to)

[honeybee13]

Anyone?

 

This is the weekend, CP, and it's always quieter.

 

People will likely be off living their normal lives. I'm sure they'll be along with advice for you when they're able to get here. We're all volunteers, you may need to give us a little bit of time.

 

HB

[Concernedparker]

Very fair point - I suppose my urgency is driven primarily at the fear of the unknown at the moment!

[honeybee13]

Very fair point - I suppose my urgency is driven primarily at the fear of the unknown at the moment!

 

I understand. What is the date on top right of the claim form please? That will help us to work out when you need to reply.

 

HB

[Concernedparker]

15th May - I haven't long changed address so the redirect from Royal Mail has only just arrived

[honeybee13]

Thank you for that.

 

Here's a link to the legal forum stikky about claim forms. I don't think the forum guys need all the information yet, they'll tell you if they do. The main thing is the timeline for you to acknowledge the claim and so on.

 

Date of issue – top right hand corner of the claim form – this in order to establish the time line you need to adhere to.

 

Date of issue XX + 19 days ( 5 day for service + 14 days to acknowledge) = XX + 14 days to submit defence = XX (33 days in total) -

 

^^^^^ NOTE : WHEN CALCULATING THE TIMELINE - PLEASE REMEMBER THAT THE DATE OF THE CLAIM IS DAY 1 [example: Issue date 01.03.2014 + 19 days (5 days for service + 14 days to acknowledge) = 19.03.2014 + 14 days to submit defence = 02.04.2014] = 33 days in total

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?419198-You-have-received-a-Claim-What-you-need-to-do.-**UPDATED-December-2014**

 

HB

[ericsbrother]

OK, you have over a week to just acknowledge and another fortnight to submit a skeleton defence so dont panic.

Tell us about the event, when was the parking event, when did you get the first letter and how was it addressed? Who does the land belong to (you can find this out later if you dont know) what signs and marking are there to indicate you have entered a contract with NGP to park there?

Give us a breakdown of ther amount claimed- how much for parking, how much for solicitors fees etc. The amount you say wont be entertained by a court if the original amount was £60-100 so that should be contested anyway as any other cost is unlikely to be claimable. I bet they want you to panic and settle for a couple of hundred.

get yourself down to the land in question and photograph the access from the public highway, the signage making a note of the size and hight above ground of the signs (again there are rules about them) and if you have an address for the land ask the local council whetehr NGP has planning permission for them under the advertising hoardings display regs. If they havent you will win as you cannot enter into a contract with people breaking the law by offering the contract. The wording of the signs is critical as well, they may well be claiming for the wrong thing.

Lastly, write to Wright Hassel and ask for sight of the contract between landowner and NGP that allows NGP to make legal claims in their own name under CPR 31.14. Give them 14 days to respond ( they wont do it in time or say that CPR 31.14 isnt for small claims but no allocation has been made by court yet so they would be wrong about that and that is why you ask now rather than later).

When you post up the signage and other info we will give you a couple of one -liners to put down as a defence so forcing NGP to pay up for allocation to whichever track is suitable ( if you have deep pockets go for multitrack or fast track and hire a barrister) but small claims is likely and best for mere mortals.

[Concernedparker]

Ok - the land owner and the signage distances I can do in the morning.

The space I parked in is no longer there as the landowner (I believe) has now put concrete blocks in place where I used to park (I know park elsewhere)

 

The first letter came about last October, dated 3rd Oct 14, received it (roughly 10 days later)

Following this (I ignored) I received numerous final reminders and the "debt" then being increased to £100 per ticket.

Zzps then wrote to me around January to note they were taking this further and had/will apply fees if no response (again ignored)

In April I received a letter from Wright Hassle stating that it was a formal letter before action and offering 14days to pay prior county court action.

The blue form hit the welcome mat this morning!!

 

3 charges - 3,8th and 9th of October (£178 a piece) plus 60 court fee and 70 solicitors costs.

 

I have a copy of another Right Hassle formal letter for parking on a roadway (I actually parked on a handstand) this I also expect will receive a court paper for

[ericsbrother]

did you receive 3 NTK's through the post or just the one? The PoFA makes it clear what they have to do and what is a single event so 1 letter for 3 parking breaches is a no-no. That is something to consider putting in your defence. Also, post up here what they ahve sent you as Particulars of Claim and any evidence as they should have included photos of vehicle, details of land and details of their business and Trade Association membership etc-ie BPA or IPC membership.

As for the last letter, again when did you get this as it would be wise to respond and deny any liability to pay. Tell us when, how, what you have doen to avoid being taken to court etc.

Tell us EXACTLY where the land is so we can Google earth it.

[Concernedparker]

To be honest I didn't count them - there were ALOT! They weren't all for the same "offence"

A lot if yellow ones, a few red ones then a like of letters from zzps (who then appointed Wright Hassle)

My concern is that if I just pay these 3 they may pursue the rest (which are a lot more!)

The address itself does not have a postcode however is just before a gym

Unit 14-15 - CF105NE

 

The particulars of claim highlight the arrangement between the landowner and NGP (no photos however claim references) I'm not home at the moment but will type up the full wording tomorrow .

The other letter details I have to pay and that the appeal timeframe has passed, that one is for 178 pound :'(

[ericsbrother]

I have looked at the satellite images and cannot tell where the Curran Rd and Embankment cease to be a public highway and become private land. Any signage should be at the end of the public highway so you can read it entering the private property. Photos of the signage will be valuable here so make sure you indicate where the pictures were taken in relation to the public road.

As for the last letter, WHERE EXACTLY were you parked if on a roadway. Again, signage indicating it is private land critical.

If you win one, they wont be pursuing you for the others as they can get done for being "vexatious litigants" if they take you to court again more than 6 times and they will be barred from ever using the civil procedues ever again. for a company of solicitors that is a death sentence but I'm sure they will jsut drop NGP in the merde rather than admit that they were pushing these bandits to spend their money being proved wrong

[Concernedparker]

Ok, the private land begins where the road colour changes (Tarmac to concrete) there are signs alongside the road however the only signs on the compound to which they are referring to are facing "inwards" they are not cusa me upon entering the gates,

 

The roadside parking offence is relating to actually a circle if pavement (like an island in the car park belonging to an unused derelict building, the other is where there are 20 "spaces" with lines and I have parked alongside this. I drove at the time a small which was in no way blocking the roadway. This car park is free and no p&d is required. I've been away from Cardiff with work this weekend but will take photos tomorrow and upload to here. What is the latest date I can reply to these court forms? Don't want to get caught out with post!

 

Thank you again! Simply having someone asking/answering questions is reassuring

Edited May 24, 2015 by honeybee13
Paras.

[honeybee13]

Thank you again! Simply having someone asking/answering questions is reassuring

 

That's good to hear. EB knows his stuff on parking.

 

HB

[ericsbrother]

just send off the Acknowledgement of service within a fortnight and get a skeleton defence off within a month