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Parking Awareness Service [vanishing? windscreen PCN CLAIMFORM - Hornby Road Blackpool

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Hi,

 

2 Years ago i received a parking fine for not parking within the lines. i had a valid parking ticket to stay on this carpark.

 

I appealed against this parking charge which was denied.

 

On the appeal i noted that i did park within the lines and that i did have a valid parking ticket.. the evidence given showed my car parked close to the line on the RHS front of the vehicle on 3 pictures..

 

On the 4th picture it showed my vehicle over the line.. i stated that the parking attendant has angled the camera to make it look like the vehicle was over the line. (in a hatched box in the corner of the carpark).

 

i then set on ignoring this company.. they have constantly bombarded me with emails demanding money which i ignored.. it then got passed onto BW Legal Services LTD who did exactly the same.

 

They then resorted to ringing my landline which i have never given them.. infact my landline is ex directory so how have they got this??

 

Today i have received claim form from Northampton bulk centre..

 

I will wish to defend this but not quite sure how i should word my defence..

 

is anyone able to advise ?

 

P.s, i was the actual driver of the car but the claim form is not in my name it is in my wifes who is the registered keeper.. i have never state she was the driver..

 

Regards.

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Hi and welcome to CAG

 

 

This is a PARKING charge, not a PENALTY charge, the latter being a fine where the former is an invoice for some perceived breach. I bet you didn't take your own pictures on the day.

 

 

I have looked on Google SpyOnMe (Streetview) at the car park in question and the images were taken in April 17 so they might have changed in the interim. I can see three signs laying out the terms but I can't zoom in close enough to read them. One of the signs is on the wall next to the entrance. This can be ignored as it is not prominent enough. The one by the pay station is the one we need to see but I'm betting you don't live in Blackpool and have no plans to go back again any time soon. If you can get the pictures taken by Parking Awareness showing the discrepancy that will help your case.

 

 

As an aside, you did yourself no favours by appealing the windscreen ticket as they are now assuming you are the driver and keeper of the car. As members of the IPC they do not follow the rules laid out in the Protection of Freedoms Act 2012 (PoFA) so they can only go after the driver hence the reason we say never appeal a windscreen ticket. No matter how good your appeal, IPC members will never cancel a ticket.

 

 

What you need to do now is to go onto the MCOL site, create an account then use the details on the claim form to find the case, click that you will defend but don't put anything in the evidence box. Leave that for later.

 

 

The real experts should be along some time but as it is the weekend, some people actually have a life...OH! :-)


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Hi and welcome to CAG

 

 

This is a PARKING charge, not a PENALTY charge, the latter being a fine where the former is an invoice for some perceived breach. I bet you didn't take your own pictures on the day.

 

 

 

 

No, i didnt take pictures on the day as i had a valid ticket to park on the carpark. the Attendant chose not to place a parking charge on my car so i was non the wiser until 1 week after the event.

 

 

I have looked on Google SpyOnMe (Streetview) at the car park in question and the images were taken in April 17 so they might have changed in the interim. I can see three signs laying out the terms but I can't zoom in close enough to read them. One of the signs is on the wall next to the entrance. This can be ignored as it is not prominent enough. The one by the pay station is the one we need to see but I'm betting you don't live in Blackpool and have no plans to go back again any time soon. If you can get the pictures taken by Parking Awareness showing the discrepancy that will help your case.

 

 

I don't live near Blackpool, on that day i was dropping my wifes elderly gran off at her friends and went for a coffee before i took her.

 

 

As an aside, you did yourself no favours by appealing the windscreen ticket as they are now assuming you are the driver and keeper of the car. As members of the IPC they do not follow the rules laid out in the Protection of Freedoms Act 2012 (PoFA) so they can only go after the driver hence the reason we say never appeal a windscreen ticket. No matter how good your appeal, IPC members will never cancel a ticket.

 

 

Sorry, my bad. i followed what i was told at the time on another forum which i cant remember the name of.

 

 

 

What you need to do now is to go onto the MCOL site, create an account then use the details on the claim form to find the case, click that you will defend but don't put anything in the evidence box. Leave that for later.

 

 

I have done this instantly when i received it today, i have done this twice before with regards to a couple of credit cards i had.. (Both of which backed out at the final hour).

 

 

The real experts should be along some time but as it is the weekend, some people actually have a life...OH! :-)

 

 

Thanks for your help!

 

 

 

 

 

Highlighted in red :)

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Interesting. Why would they not place a ticket on the screen? Probably someone who gets a kickback for reporting suspected breaches [not an official parking attendant but someone who lives nearby and goes to the car park to detect breaches].

 

 

No we need to gather your evidence but this is out of my scope so you will have to wait. You have some time yet.


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ah the old vanishing ticket game..

 

can w have ALL of the questions in the link of post 2 answered please

they are IMPORTANT to how we/you deal with the claim.

 

copy and paste the questions here to a new msg box then answer each one at the end of its line.

 

dx


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What is the value of the claim? £250.46

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ?

parking awareness services LTD

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I was aware, on another forum i was told to appeal and then ignore because they wont take it to court.. lol..

I must say i had a valid ticket to park there, regardless of the process i followed on this occasion i believe i shouldnt be paying this.. they're [problem]mers..

Edited by dx100uk
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we need the POC please

 

thread title updated


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claim form is not in my name it is in my wifes who is the registered keeper..

 

Date of issue; 27/09/2018.

 

Name of the Claimant: Parking Awareness Services

claimants Solicitors: BW Legal Services Limited

POC:

1.The claimants claim is for the sum of £100.00 being monies due from the Defendant to the claimant in respect of a parking charge notice (PCN) issued on 29/04/2017 (issue date) at 11:39:29 at Hornby Road carpark.

The PCN relates to Ford under registration **** ***.

 

2.The terms of the PCN allowed the defendant 28 days of the issue date to pay the PCN, but the defendant failed to do so.

Despite demand having been made, the defendant has failed to settle their outstanding liability.

 

3.The claim also includes Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per anum daily rate of 0.02 from 29/04/2017 to 26/09/2018 being the amount of £15.46.

4. The claimant also claims £60.00 contractual costs pursuant to PCN terms and conditions.

 

 

What is the value of the claim? £250.46

 

Has the claim been issued by the Private parking Company or was the PCN assigned and it is the Debt purchaser who has issued the claim ? parking awareness services LTD

 

Were you aware the account had been assigned – did you receive a Notice of Assignment?

 

I was aware, on another forum i was told to appeal and then ignore because they wont take it to court.. lol..

 

 

I will also say there is no evidence to show the bill attached to my windscreen.

Edited by dx100uk
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pop up on the MCOL website detailed on the claimformicon.

.

register as an individual

note the long gateway number given

then log in

.

select respond to a claim and select the start AOS box.

.

then using the details required from the claimform

.

defend all

leave jurisdiction unticked.

click thru to the end

confirm and exit MCOL.

.

. get a CPR 31:14icon request running to the solicitors

https://www.consumeractiongroup.co.u...ng-Court-Claim)

.

type your name ONLY

 

no need to sign anything

.

you DO NOT await the return of paperwork.

you MUST file a defenceicon regardless by day 33 from the date on the claimform.


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stitched together post 9 from various bits throughout your thread

next time just answer the whole questionnaire..huh!

 

just one final point

you cant goto court it will have to be your wife only IF it gets that far.


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Hi, thanks for fixing that for me.. i havent done this before so im a little lost lol..

 

 

 

In my defence, what type of defence is required and of what grounds??

 

 

Sorry for the lack replies, im really clueless but will to learn..

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1 do as asked please next time not waste 3 days..you only have a total of 33 days

2. read as many threads in this forum as you can

https://www.consumeractiongroup.co.uk/forum/forumdisplay.php?88-Private-Land-Parking-Enforcement

 

can you scan up the NTK please to PDF

read upload


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Strangely, despite your letter, PA do not appear to go to Court so it could be that they want to scare you into paying now to avoid paying out £250 and having to go to Court.

 

There are a number of things you can do which will help you avoid paying them anything at all.

If you have retained all the Notices from PA could you please post them up

-don't bother with any from DCA's as they are even unfit as toilet paper.

 

You can also get on to the local Council to see if they have planning permission for their signs under the Town and Country [Advertisements}Act-most parking companies don't bother but when they haven't their Notices are illegal [not unlawful] and you cannot enter into an illegal contract.

 

It is a shame that you do not live near Blackpool to get photographs of their signs

-they are often poor and contradictory and if so they cannot be claimed to offer a contract.

 

Perhaps you have a friend living nearby who could get some photos of the sign at the entrance and other around the park, especially when the wording on them differs as well as a photo of the wording on the ticket machine.

 

They also cannot charge you £60 extra for debt collection.

Interesting too about their claim for statutory interest.

If it was based on £100 [which it should be] then one would expect the figure of 8% pa to be around £12 as only about 18 months

has gone by since they issued your ticket.

 

Some time soon you should receive what they intend to show the Court as proof that their claim is valid.

If anything like other parking companies it will be around the same length as War and Peace most of which will be total garbage and irrelevant to your case.

 

I never know why Judges don't lambast them more often but they do provide you with more ammunition to argue against them and of course win the case. When you get it post it up as we like a laugh and we'll help you refine your defence.

Edited by dx100uk
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Hi,

 

 

 

I will have to dig out the letters, they go filled when we received them..

 

 

I've just done the letter CPR 31:14.. lets see their next move ;)

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done AOS?


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Good

You do not await their next move...


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Good

You do not await their next move...

Hi didy you get a defense in on this one my friend has got the exact same claim

Got a claim for apparently wheel was slightly on white line.

He needs help with a defense claim is exactly same as yours.

Thanks

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has your friend got photographic evidence of the claim he parked outside the marked bay? Start a new thread becaause it will save confusion on this one.

 

His defence wont be exactly the same, it may well be very similar so read up on a number of parking threads involving court so you get an idea of what generally happens and what each side is suppoed to do.

Get you friend to write an account here so we aretn playing chinese whispers.

 

 

Hi didy you get a defense in on this one my friend has got the exact same claim

Got a claim for apparently wheel was slightly on white line.

He needs help with a defense claim is exactly same as yours.

Thanks

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Having spent ages trawling the Blackpool Council Planning Portal, I have managed to find planning permission for the construction of the car park. The planning permission includes the signs however, this is from 2011 when the existing land was a demolished hotel.

 

 

I can find no planning permission for the new signs belonging to Parking Awareness. I'll keep looking but I'm fairly certain they won't have any.


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Hi didy you get a defense in on this one my friend has got the exact same claim

Got a claim for apparently wheel was slightly on white line.

He needs help with a defense claim is exactly same as yours.

Thanks

 

you need to start a new thread

 

this one is for advising UC.


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we really need to see the NTK as this may well be their undoing. It is not compulsory to slap a ticket on a vehicle at the time but if they wish to rely on para 9 of the POFA they must include evidence of the breach by way of photographs etc. It isnt good enough to say you can view them somewhere, they hav to provide some evidence that a breach occurred otherwise parking co's could send out random demands without supporting evidence. Now the NTK must also contain key phrases or they cant claim against anyone, let alone the keeper.

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