Hx PCN - gladstones PAP Letter of claim - bought ticket 2mins after grace period - Damside Street Car Park Lancaster

[mjandus]

Hi,

I entered the Damside Street Car Park in Lancaster on 09/09 2018 at 11:57:47 with a 5 years old daughter in distress.

 

While my partner took care of her I had to go around to find a place where to change money because I didn't have enough loose change to pay for a parking ticket at the ticket machine. Therefore I bought a parking ticket valid for 1 hour at 12:10 (just over two minutes after the 10 minute grace period finished).

 

I left the car park at 12:13:02. In total,

I stayed there for less than 16 minutes but purchased a ticket allowing me to stay for 1 hour (plus the 10 minutes grace period).

 

A few days later I received a Parking Charge for £125.

I tried to appeal with the HX Car Management and with the Independent Appeal Service but with no success.

A few days ago, I received a Letter Before Claim from Gladstones solicitors threatening with a legal action if I don't pay £160.

 

I'm not sure what to do.

Shall I pay or shall I go to the court?

Do I have any chance in the court with no legal experience?

 

Thank you for your help

Miroslav

Edited February 13, 2019 by dx100uk
spacing

[brassnecked]

The 10 minutes Grace Period is not a fixed time so 12 minutes is not unreasonable you paid so no loss to the sharks. In reality they would lose a defended case in court, as 2 minutes over an arbritary Grace period is de minimis, a trifle, others will be along soon but I would reply to Gladdys reminding them that the Court doesn't concern itself with Trifles, and 2 minutes is trivial as you paid for an hour, there was no loss to the parking shark.

 

I'm sure ericsbrother can suggest an acidic reply to Will & John regarding the fact that they will lose in court and they would be advised to crawl back under their stone.

[mjandus]

Hi brassnecked,

Thank you very much for your reply.

Miroslav

[brassnecked]

Others will be along soon with further advice, but main thing is not to panic, that's just what Gladdys want to scare people into paying money they don't owe.

[ericsbrother]

lets be clear about this, no-one is concerned as to why you were late getting change, it could be that you took 12 minutes to phone your lawyer and read out the terms of the contract offered to you befiore they said to go ahead and accept the offer so dont worry about it too much. there is also case law saying that going to get change is a reasonable excuse for being late feeding the meter.

 

You are not the first person to get a charge notice for this and i think that the advertisement of the first 10 minutes for free create a separate contract for the rest of the stay so the grace period is in addition to the 10 minutes free parking.

 

Im sure that HXP will disagree but they cant have it both ways, look at previous cases where people were stopped from exiting a car park for various reasons and the 10 minutes is added to the end of the PEERIOD OF PARKING as this has been differentiated from the queueing, reading signs etc but then rebundled into the ACOP to cretae the minimum grace period we know and understand.

 

So you took 12 minutes to feed the meter? so what, they got the prescribed fee that paid for the PERIOD OF PARKING and it doesnt matter one jot that you didnt pay at the very beginning, people using ringgo have all morning to pay up at a lot of sites and with thwe London congestion charge and the dartcharge you have an extra day to pay up. The critical point is you did pay

Edited February 13, 2019 by honeybee13
Paras, typos

[mjandus]

Hi ericsbrother,

Thank you very much for your reply. What you said is what I thought but I don't have any legal experience or knowledge. I will continue fighting the parking charge.

Miroslav

[dx100uk]

you don't need any legal experience or knowledge

 

simply reply to the PAP letter with a letter based on our typical snotty insulting one

eb i'm sure will help you

dx

[mjandus]

Hi dx100uk,

Thank you for your reply. Could you tell me where I could find an example/template of an reply to the PAP letter, please? I'm new to this forum...

Miroslav

[dx100uk]

use the search cag box of the top red toolbar

 

I found this from today

it helps to read some threads here too.

 

https://www.consumeractiongroup.co.uk/forum/showthread.php?493006-Smart-Parking-PCN-Energie-gym-Sheldon-Birmingham-now-Gladstones-Solicitors-Letter-Before-Claim

[ericsbrother]

your response is quite simple, you paid the prescribed fee to park and there has been no breach of contract so no cause for action by their clients. Any claim will be robustly resisted and a ful costs recovery order sought as your clients will know thier action is unreasonable

[mjandus]

Hi ericsbrother,

Thank you for your suggestion, it is quite straight forward and simple....I was worried about various legal terms that I don't really understand...

Miroslav

[brassnecked]

A letter as per ericsbrother should send them on their way, they would be silly to try court as it would show their action is unreasonable and potentially vexatious, and they are highly likely to lose on that alone, without their lack of any breach of contract, there is no loss to them so no course of action against you.