Premier Park/PP Legal PCN salford court Claimform - No ticket - Wright Street Car park Southport ***Claim Dismissed***

[Browneyes1929]

I'm posting this on behalf of an elderly gentleman who has absolutely no computer skills.

 

In March he received a Parking fine from Premier Park for 15mins in a local carpark.

 

He swears the machine wasn't working on the day but has no independent witnesses.

 

He spent 15mins looking at the instructions including when he went out of the carpark to see where the nearest phone box was.

when he realised it was too far he came back and drove out.

 

I'll attach the correspondence to this post.

I helped him draft letters based on forums we'd looked at.

 

Premier Park were useless to say the least.

Unfortunately he didn't get his POPLA appeal in in time (i.e. by a few days and although POPLA state appeals might be submitted late, they don't make it easy), and there is a letter attached showing how they were less than useless with this also.

 

We are now at the County Court stage.

Is it worth fighting it further or just paying the £235?

 

1. the claim has been filed in Exeter and the gentleman has a heart condition so cannot travel that far, his nearest court is in Liverpool.

he was served on the 3rd.

does the 14days mean he can apply to change courts.

 

2. Is it possible to have the charge reduced?

the first time Premier Park even mention checking the machine to see if it works is the their court statement, if he'd known before maybe he might have thought there was an issue with the coin and paid the original £60/£100.

He's still adamant it wasn't working.

 

3. I didn't include the POPLA complaint form as it's the same as the original letter.

 

Thanks in advance

Popla complaint redacted 15:6.pdf

Popla complaint ADR redacted 18:7.pdf

Premier Park Case.pdf

Edited October 12, 2018 by dx100uk
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[renegadeimp]

He won't have to pay the charge so don't worry. The regulars will be around to explain why. Its pretty much an easy win for your friend.

[dx100uk]

Please conplete this:

 

https://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***

 

Dx

[ericsbrother]

the matter will be heard in his local court so they will have to travel.

What he needs to do is send back the form saying he intends to defend in full (basically ticking a box) and for brevity and speed of response state in the box where he puts his defence

 

 

1.There was no contract formed between the claimant and the defendant so there cannot be monies owed do to breach of conditions that cannot apply.

2.Further to this the defendant does not believe that the claimant has locus standi.

3. and that the signage is anyway there in breach of planning law so the defendant cannot enter into a criminal compact even if they wanted to.

 

 

the first point expanded will cover all of the arguments about the ticket machine but no need for detail at the moment.

[Browneyes1929]

Name of the Claimant ? Premier Park Ltd

claimants Solicitors:PP Legal Newton Abbott

 

Date of issue – 28/09/2018

Date to acknowledge - 16/10/2018

date to submit defence - 30/10/2018

 

What is the claim for –

Particulars of claim on separate sheet so I've included a copy attached the Location Wright Street Car park Southport

 

Anount Claimed £150 + Court Fee £35 + legal rep costs £50 = £235

 

What is the value of the claim?£235 Original Parking charge was £100

 

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 Company

 

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

Particulars of claim.pdf

[dx100uk]

hi ya

if you read the upload guide

it tells you not to use a pen

 

we can see straight thru it

I've hidden you upload

[dx100uk]

pop up on the MCOL website detailed on the claimform.

.

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 3114 request running to the solicitors

https://www.consumeractiongroup.co.uk/forum/showthread.php?486334-CPR-31.14-Request-to-use-on-receipt-of-a-PPC-(-Private-Land-Parking-Court-Claim)(1-Viewing)-nbsp

 

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.

[dx100uk]

2 points

shame you've called it a fine here and a penalty charge on the appeal

 

if you look carefully

nowhere does any of the paperwork from the fleecers use those words

probably why they issued the claim as [and in the appeal] sadly it shows you don't know what you are really talking about

just copied stuff from the internet without understanding it.

 

never mind we can sort it

was have large corks and big buckets to bail you out.

 

dx

[ericsbrother]

did you go to maoneyclaim online and set up an account and them acknowledge the claim? If not you had better do so today or fax the AOS to Northampton. You will be given a couple of days grace but if you havent done this by this evening you wont get anywhere

[Browneyes1929]

The AOS was filed last week. There was no facility on the claim form to file via MCOL which I found strange so it was filed by email.

We now have until the 30th to get the defence filed but I'd rather get it done earlier.

I'll see my friend tomorrow evening and get it put together then.

I'm attaching the redacted files re DX's advise (Thank you as always for picking that one up).

 

I'm just checking some research I've done with the local council and with the land registry which has thrown up a bit of an anomaly.

I'll post the info shortly to see if anyone thinks it will help.

 

Also is there an easy way to delete the originals or do I have to ask someone?

Premier Park Case_0001.pdf

Particulars of Claim_0001.pdf

[dx100uk]

is there not a password at the end of the further information box on the claimform

 

had to hide both uploads

names and ref numbers still showing and still places whereby your old pen crossout can be seen through clearly

[honeybee13]

Hi.

 

 

I've removed the word 'urgent' from your thread title as we're a few weeks in now.

 

 

HB

[Browneyes1929]

The only ones I left was the name and address of the carpark which was asked for in the form previously. There was no password on the claim form Just info on how to file. I get the impression that the County Court Money Claims Centre is still operating from Salford as well as MCOL running in Northampton. So this has been filed in Salford by Premier Park.

[Browneyes1929]

As for the Land Registry. That probably is nothing. The company number that owns the land is MJ CO(PROPERTY) LTD Co No 11192779 ℅ kjg lop 1 City Road East, Manchester M15 4PN.

 

The contract the parking company has is with Park Equity Invest Ltd company no 09741268 ℅ kjg lop 1 City Road East, Manchester M15 4PN. There are three registrations of charge on this land with this companies name on it, however they are dated the 22/10/18 so I'm presuming the land has changed hands and the registry has not been updated yet.

 

 

The charge is for a debenture. there .was planning permission granted in 2015 for a pre payment car park.

[Browneyes1929]

regarding the CPR 31 request should we ask for proof that the machine was working on the day or is that not necessary?

[dx100uk]

no just send it as is

all the rest can be dealt with later in the process

[dx100uk]

unusual for this to be issued from salford..urm..

new tactic to hope defendants miss deadline p'haps

[dx100uk]

The only ones I left was the name and address of the carpark which was asked for in the form previously. There was no password on the claim form Just info on how to file. I get the impression that the County Court Money Claims Centre is still operating from Salford as well as MCOL running in Northampton. So this has been filed in Salford by Premier Park.

 

premier parking pdf has:

name on page 3

 

the rest is ok

 

next time don't use a PDF editor to obscure things

all your black boxes can be remove with an editor.

 

I've further updated the thread title to better reflect the thread

[Browneyes1929]

I didn't I converted it to a .tff changed that then saved that as a pdf for a couple of changes (where i'd left a teensy bit showing which supposedly isn't reversible, the rest i stuck two blank white stickers and used black biro to scribble on those.

 

 

i'll be an expert soon.

 

 

thanks

[dx100uk]

no worries

strange then

im using an old adobe pro 9 editor.

 

when you scroll thru the pages the black box don't immediately fall atop the text they blank out till the screen settles

and in admin mode you can click the box and drag it away from the text underneath it.

 

dx

[Browneyes1929]

That's crazy but cool at the same time. I think any future career as a spy or encryption expert will have to go on the back burner.

 

No idea if this works as I can't test it otherwise it will have to be old school. stickers and rescan.

docs1.pdf

[dx100uk]

well done perfect.

[ericsbrother]

salford process a lot of Northamptons work. you ofteh have to send stuff back to there rather than Northampton, who issue but dont process the aftermath.

 

 

 

unusual for this to be issued from salford..urm..

new tactic to hope defendants miss deadline p'haps

[ericsbrother]

Now, as thery say that you failed to pay for the entire parking period we will need to see thei signage to see if there is such a condition or requirement in the first place and then how they expect you to pay if their machines are duff. also we would like soem pictures of the parking machine themselves and any blurb on or with them

[Browneyes1929]

ok folks quick question. completely forgot to send in the N180 form, luckily the court has given until the !7th Dec to file it. I just want to check does my friend tick for mediation or not?

 

The PPC have responded to the CPR request of which I'll upload the details later today.

 

They've enclosed

"the relevant pages from our contract with the land owner"

otherwise there is nothing interesting,

 

nothing to prove the machine was working and one paragraph stating why they've omitted the rest of the contract

"Please note these are not subject to the Town and County Planning (Control of Advertisements) (England) Regulations 2007.

This is due to the same being on enclosed land which is excluded from the direct control of Planning Authorities."

 

Can someone clarify this situation for me?

They do have planning permission for use as a carpark although there is no mention of signage.

 

I'll upload a copy of that later too and photos of the signage.

As i said I heading round to my friends now so we can fill in the N180 and get it served.

 

Also for future reference when my friend does go to court can I go in and help him in front of the judge or will he have to go in by himself?

Edited December 12, 2018 by dx100uk
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