NPM PCN claimform - overstay Un-adopted Rd entrance to old St Edmunds Hosp Northampton - *** Claim Struck Out+Costs***

[FTMDave]

order

[parkingbill2018]

Thanks.

 

Had some good news today.

The woman who was taken to court by NPM for not paying the PCN for her car being parked in this same location as I was won her case today.

This was her second appearance in court.

 

The first time the Judge adjourned because NPM were not properly prepared, but the Defendant was.

Today the case resumed and the Judge dismissed it!

Oh happy days!!!!

 

This is a big boost to my confidence.

Will they still bother to carry out their threat to take me to court especially when they have fallen at one of the same first hurdles as this case?

Edited February 15, 2019 by dx100uk
quote/spacing

[brassnecked]

Keep preparing, they are likely stupid enough to continue.

[parkingbill2018]

Dont worry I will and i'm getting a better defence by the day

[ericsbrother]

you can use that as being a persuasive case. That may well put them off suing yu if they send a proper lba and ypu taunt them with it. knowedge is power an they wont expect you to know they have been gladstoned ( hammered for bringing a poorly prepared hopeless claim to court and losing badly, named after Gladstones solicitors who do most of this)

[parkingbill2018]

i think they will know I am aware of the case as NPM probably have spies on this forum and also the one that helped the girl to win her case.

 

My Father has already made the landowner and Tesco aware that NPM lost the case to reinforce the complaint they received.

Edited February 18, 2019 by parkingbill2018

[ericsbrother]

that assumes they only ever issued 2 tickets so they can determine who the second one is. they rely on ignorance to collect the majority fo their money as they have no legal grounds to do so. They know that but it hasnt made them alter their behaviour in the last 7 years

[parkingbill2018]

They have probably issued hundreds of tickets over the last 4.5 years since Tesco Express opened in this road and you are right they haven't changed their behavior or signs in that time despite many complaints, but I think the tide is about to turn and this case being dismissed is just another part of making this happen.

 

It is still hoped by Tesco's staff that they have permanently lost the contract in this road, but their Landlord/Landowner is being evasive in confirming this. I am not sure how many cases have been taken to court for this location. This may have been the first one and a test case. Obviously most PCN's have been paid through ignorance, fear and drivers wanting to qualify for the 14 day discount.

 

Someone on this thread stated they had it in writing from Trading Standards that they had not approved the signage in this road as was quoted by the NPM Managing Director in the Chronicle & Echo in September 2014. I now have that added to my growing defense file.

 

BTW I became aware of another IPC Code of Conduct that NPM have been breaching. It is Part C 2.1 regarding the issuing of tickets on non ANPR sites like this one. They are supposed to attach the ticket to the vehicle or hand it to the driver, but they don't. They sneakily take their photos when the driver goes out of sight, then afterwards the office get the keeper details from the DVLA, then send the PCN in the post to the keeper. This is also breaching POFA 2012. Here is the exact wording in the IPS Code of Practice V6 amended 14th June 2017:

 

2. Notice to Driver (Non-ANPR cases)

Schedule 4 to the Protection of Freedoms Act 2012 prescribes the steps you must follow to

pursue the registered keeper of a vehicle for an unpaid parking charge. You should fully appraise

yourself and those within your organisation with the Act and the processes therein

to make sure that you are compliant with the legislation. Below is a short summary of the

requirements. However, it is you that has the responsibility for ensuring compliance with the

Act.

 

 

2.1 The Notice to the Driver must;

(a) Be in writing.

(b) Either be affixed to the vehicle or given to a person who appears to the

Operator to have control of that vehicle.

© Specify the vehicle and the land on which it was parked.

(d) Identify the period of parking to which the charge relates and the

circumstances by which the charge became payable.

(e) Describe the means by which the contract was brought to the attention of the

driver.

[ericsbrother]

TBH I think the chances of them wanting to try their luck at court are diminishing and they probably decided to crawl away from that when they had to invent lies for your MP to read.

they rely a lot on ignorance and once their behaviour reached the public domain they find it harder to convince people the world is flat.

 

Anyway, keep all your stuff safe and let us know if you do hear any more.

other than that just keep your ears open for other peoples coplains about the same and point them to here

[parkingbill2018]

You would have thought they would have crawled away by now and if they had it would have been less damaging to them to have done so.

 

My Father went through all their lies in detail for our MP and she forwarded this to the NPM MD about a month ago and so far no rely.

 

However, they sent the LBC 10 days after, so that was a sort of response!

 

Now waiting for a response to my rejection of their LBC.

 

Will keep you updated.

Edited February 19, 2019 by dx100uk
spacing

[ericsbrother]

sometimes the parking co believe the garbage they are told by their trade associations and the only way they learn is to lose a few quid on a hopeless claim.

 

unfortunately this gives you the headache of being the one to give them a spanking but from what you have done so far that shouldn't be too difficult for you to handle.

 

Keep us informed and if you do get a claim then post up exactly what they say it is for as often they use the wrong reason such as a contractual sum when they mean breach of contract.

 

Any judge who is on the ball will kick out their claim but only if this point is raised by the defendant so make sure you go through it with a fine toothed comb

[parkingbill2018]

Sorry for the delay in posting this update.

Your website was down whilst being re-designed.

The website is looking good,

 

 

[parkingbill2018]

Today I received a Claim form from the court and have 13 days to reply .

NPM have gone ahead and issued this without following the Pre-Action Protocol.

 

I had no response to my reply to their LBC which requested certain information (SAR request).

 

They are still claiming against me despite having a case dismissed for a claim they made recently for another unpaid PCN for the same location.

 

NB. I am still limited to what files I can upload.

Admin stated this was an issue your end after the website was given a face lift.

I did suggest a solution was to delete some old files, but was told this was not required and to to be patient.

a small jpg of the Claim form was just about small enough.

 

Any advice for my defense would be appreciated. 

 

[dx100uk]

please complete this:

 

 

[ericsbrother]

what exactly are the Particulars of Claim?

 

 first of all you need to acknowledge the claim by setting up an account at money claim online.

They have 2 versions currently running, the beta version is more user friendly but they lead to the same thing.

 

once you have acknowledged the claim you get an extra  12 days to submit an outline defence so 28 days in total.

 

Your defence can be quite simple at this stage so something like there was no lawful contract offered for you to consider so ther can be no breach to give a cause for action. 

 

( that allows you to attack the lack of PP and the content of the signage as well as their failure to follow procedure)

 

if you go for this simple approach you can also rip into their POC and any procedural errors with the claim itself but I would never rely on that as a stand alone defence.

 

Later on you can refer to the other case as being persuasive as well as going into detail on the no contract defence

[parkingbill2018]

Parking Charge Notice (PCN) for unauthorised parking on private land. PCN passed to debt recovery team and additional charges applied. Claim is for a total of £160, plus court cost and interest up to judgement date or earlier payment at a daily rate of £0.08.

 

I will set up the Money Claim online to acknowledge the claim as you have suggested. I will also look at the link in post 153.

 

What is lack of PP and rip into their POC (link for POC does not work)?

[Mrs O'Frog]

Planning permission & Particulars of claim

[parkingbill2018]

Thanks for explaining, although I am not sure where Planning Permission comes into the equation. PP for what? 

[parkingbill2018]

In order for us to help you we require the following information:-

 

Name of the Claimant  National Parking Management

claimants Solicitors: None

 

Date of issue 11 April 2019

 

What is the claim for –

 

1.???? parked her vehicle on private land at St Edmunds Road, Northampton. Northamptonshire. NN1 5DY and was issued with 1 parking charge notice (PCN) for Unauthorised Parking.

 

2.Photographic evidence of contravention was taken which is dated and time stamped.

 

3.The matter has tried to be resolved out of court, unfortunately this has been unsuccessful.

 

4.The PCN was passed to our dept recovery team and additional charges were applied.

 

5.We would like to claim a total of 1 PCN at £160.

We would like to claim for court cost.

The claimant claims interest under section 69 of the County Courts Act 1984 at the rate of 8% a year from 28/01/2019 to 10/04/2019 on £160 and also interest at the same rate up to the date of judgement or earlier payment at a daily rate of £0.08. 

 

What a cheek wanting interest on the full £160 from the date of the alleged offence!!!!!  

 

What is the value of the claim? £160 plus £25 court fee = Total £185. No legal representative cost being claimed.

 

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 ? Claim issued by the private Parking Company.

 

Were you aware the account had been assigned – did you receive a Notice of Assignment? Not applicable as not assigned.

 

[Gick]

You really need to read other threads on the subject of Private Parking so that you understand the process . 

 

They require planning permission for their signs. If they are small enough to not require PP, they are too small for the POFA.

[parkingbill2018]

I have read may threads on many websites/groups but never heard of that one before. What is the max size that PP not required and isn't it the size of the fonts that is key? I was not aware that POFA 2012 had a condition about size of the signs. I will read further. Thanks.

[shamrocker]

Based on those POCs, they're not relying on POFA anyway.

[honeybee13]

We can't advise you properly without the information in the link in post #153 please.

 

HB

[dx100uk]

pop up on the MCOL website mentioned on the claimfor,

 

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 31:14 request running to the solicitors [if one is not listed send to the claimant]

 

type your name ONLY

no need to sign anything
.
you DO NOT await the return of paperwork.
you MUST file a defence regardless by day 33 from the date on the claimform [1 in the count]

 

I have remove the pix of the claimform we don't need to see those.

we know what they look like

 

dx

 

[parkingbill2018]

 

Do I still do a CPR 31:14 request when I have already requested further information in my response to the Claimants LBC and they have so far not responded to this?

There is no Solicitor involved so this was to the Private Parking company themselves.

 

I will confirm the MCOL.

 

Any advice on defense points to include other than what I already personally wish to make?