other Percy park hanro group/BW Legal claimform - PCN from oct 2014

[Mrss_1001]

Hello,

 

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?465326-VCS-BW-Claimform-for-27-09-15-PCN-Percy-Car-Park-Hanro-Group-Hanro-Group-help!!

 

 

I was reading through your thread as I find myself in exactly the same position and for the same carpark too. I was just wondering if you have any news on how you got on?

 

Thanks

Stephanie

[Mrss_1001]

I received a parking notice whilst parked in a Percy Park Hanro Group carpark near St James Park in Newcastle back in October 2014.

 

I purchased a ticket and displayed it in my windscreen (stupidly I didn't use the sticky thing)

when I returned to my car it had obviously blown over in the wind as it was displayed face down.

 

The parking attendant was still in the carpark as it had only been issued 3 minutes prior.

I walked straight over to him and showed him my ticket.

He said it was too late and that I'd have to appeal.

I did that within the hour sending pictures of my ticket.

 

My appeal was rejected and I was sent various letters stating I was still liable for the penalty.

I pretty much ignored any further letters and they stopped arriving after about 10/12 months.

 

recently the letters started coming from a company called BW Legal.

 

Yesterday I received a county court letter which I need to respond to within 14 days.

Does anyone have any advice on what I should do next?

 

I want to defend this as I truly believe the system is unfair.

Would I have any defence in this situation?

Thanks in advance

[dx100uk]

can you please fill this

http://www.consumeractiongroup.co.uk/forum/showthread.php?465231-Received-a-Court-Claim-From-A-Private-parking-Speculative-invoice-How-To-Deal-With-It-HERE***Updated-Aug-2016***(1-Viewing)-nbsp

 

 

thank you.

 

 

dx

[ericsbrother]

yes.

you need to acknowledge the N1 and say that you intend to defend in full.

 

you will then have a further 14 days (plus service time so a total of 32 days) to submit an outline defence.

the obvious one is that you paid the prescribed fee to aprk and there was no breach of contract to cause a claim to be made.

 

What paperwork do you have regarding the incident?

Can you tell us exactly the location of the car park

and if it is local to you photograph

and post up pictures of thre signage at the entrance and where the ticket machine is.

 

I would bet that there are better reasons to add to your defence than the above,

though this should be reason enough but unless you still have the parking ticket it will be hard to persuade a judge that this is enough.

[Mrss_1001]

Hello, apologies for the delay in replying.

 

It all went quiet so I assumed it had gone away, wrongly!!

I have all of the paperwork regarding the incident including the original ticket.

 

The carpark is now a block of flats so I am unable to take any photographs.

I have received what I am told is a final letter from BW legal and have been told that they have informed the court that they wish to proceed and have my case listed.

 

Thanks Stephanie

[ericsbrother]

Ask the local council if they have planning permission for their signage under the Advertising hoardings regs of the Town and Country Planning Act

 

send BW a CPR 31.14 request for evidence for sight of their contract with the landowner that assigns the right for their client to enter into contracts and make civil claims in their own name and for proof of planning permission for their signage.

 

Why on earth did you think it would just go away?

What paperwork do you have,

for example the original ticket,

letter from the co as notice to keeper, appeal letters etc.

 

You can defeat this claim but you wont do so if you dont show something that supports your side of things.

 

Also, the parking co will have added unclaimable costs to bump up the amount

 

. you can challenge that as well.

See if google still has the original images as they dont update that often

[Mrss_1001]

I have requested a copy of the contract between VCS and the landowner and a copy of the planning permission granting them permission to display the signs but have been fobbed off by BW Legal they have so far failed to provide them.

 

I have managed to find a couple of picture of the carpark online and the signage but it is too small to read the most important sign.

I will pursue that thank you.

 

As yet I am unsure of my best argument really.

My first defence is of course that I purchased a ticket (which I still have) and I believe I displayed it correctly.

 

I have requested evidence showing that I didn’t but again VCS have failed to provide this despite several requests.

 

If there is no evidence then my defence is that they have failed to discharge their burden of proof as on the balance of probabilities it is more likely than not that I would have displayed it correctly having purchased it in the first place.

 

I understand that the argument of not entering into a contract with them may be a poor option, following their case against HMRC where the judge ruled that there was a contract between VCS and the motorist.

 

After reading that I’m not sure if I could pursue that argument

, although that did relate to permits rather than pay and display tickets

so maybe there is an option?

 

Do you have any advice on the ‘genuine pre-Estimate’ of loss argument?

I know the parking eye case found that the charges weren’t excessive etc

 

however as I actually purchased a ticket, there was no loss to anyone at all!

 

The only costs have been incurred because they have chosen to pursue me despite knowing I had purchased a valid ticket.

[dx100uk]

You did ack the claim didn't you?

And file a defence?

[Mrss_1001]

I did yes but I am slightly concerned its not going to be good enough.

 

 

I guess that's due to my lack of knowledge in this area.

 

 

I know there was a previous thread for the same carpark where the lady's ticket had fallen off (glue).

 

 

There's no update on that thread so I was also interested to know how she got on too.

[dx100uk]

i'd say your case is stronger than that one too

 

 

shame you didnt send that CPR

[ericsbrother]

pictures of signage will help decide if there is acontract, you will need them anyway for court. VCSv HMRC is irrelevant for argument over wording of contract, that jsut gives VCS the OK that they can enter into contracts on land they dont own if the proper assignment of the landowners rights are made over to them. That is one of the things that the CPR 31.14 asks for.