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michonne

Btitannia/BW ANPR PCN Claimform - overstay - The James Marshall Foundation Centre AL5 2HY. Harpenden

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Hi

My daughter has just informed me that she has been receiving correspondence for overstaying  in a private car park last Christmas.

 

She has received a court claim form.

 

I have filed an acknowledge of service to give her more time to organise her defence.

 

I have been looking through the appropriate posts but am unsure what the best way forward is .

 

Please help.

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please complete this:

 

 

 


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

 

Name of the Claimant ?   Britannia Parking Group

claimants Solicitors:  BW Legal

 

 

Date of issue 13-05-2019 + 19 days ( 5 day for service + 14 days to acknowledge) = 01-06-2019  + 14 days to submit defence = 15-06-2019  (33 days in total) -

 

 

Particulars of Claim

 

The claimant's Claim is for the sum of £102.66 being monies due from the Defendant to the Claimant in respect of a Parking Charge Notice (PCN) issued on 29/12/2018 (issue date) at 17:15:00 at Harpenden - The James Marshall Foundation Centre AL5 2HY. The PCN relates to FORD under registration *******.

 

The terms of the PCN allowed the Defendant 28 days from the issue date to pay the PCN, but the Defendant failed to do so. Despite demands having been made, the Defendant has failed to settle their outstanding liability.

 

The claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum a daily rate of 0.02 from 29/12/2018 to 10/05/2019 being an amount of £2.66.

The Claimant also claims £60.00 contractual costs pursuant to PCN Terms and Conditions.

 

What is the value of the claim? £162.66 + court fees + Legal representative's costs

 

Has the claim been issued by the Private parking Company or was the PCN assigned

 

Claim issued by Private parking company.

 

 

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get this running:

 

 

also get ahold of any /all paperwork she has received since parking there and scan it all up please to ONE multipage PDF

after reading our UPLOAD guide.

 

dx

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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usual vague and inaccurate POC but more of that later.

a short history of the whys whats whw=eres and whens please. we will have a peep on goggleyes as well and offer our thoughts on the layout from the public highway

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had a look on streetview and I cant see anything from Leyton Rd that indicates that there is a warning about entering private land that has conditions for parking on it. that means any signage scattered about the place will be insufficient to create a contrcat as they should be visible from the public highway.

daughter will need pictures of the entrance from the public highway and of the signs etc on the site so we can see waht the supposed offer of parking terms were.

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Posted (edited)

I'm going to look at the site and take photos over the weekend.

 

My daughter was taking my granddaughters to see a play around Christmas time.

She was looking for a parking place as not being familiar with Harpenden.

 

She asked some passerby where she could park and was directed to where she parked.

She didn't notice any signs concerning length of stay and returned about 3 1/2 hrs later.

 

The entrance is very narrow and next to the pub The Inn on The Green.

Edited by michonne
spacing

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CPR request sent

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Just been out to take photos of the car park. The signs have been changed since google maps and presumably my daughter parked.

There is now no mention of a time limit and the parking is now for patrons of the pub and the small businesses in the accompanying yard.

Will this affect her defence?

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no, it is all about contracts and if there is no mention at the entrance that you are being offered terms they then rely on to make this claim then they are stuffed.

Saying it is for patrons etc doesnt make it easier for them a that means your daughter may well be a trespasser and that has nothing to do with a third party contract!

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last post deleted 

you must remove all ref no's

reg no's

 

etc etc.

 

every page had those showing...

 

you defence is due TODAY BY 4pm.

 

you need to file our std 2 or 3 line defence here on most pcn claimform threads by 4pm!!

 

 


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

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WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

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come on, 3 weeks of silence doesnt give us much to help you with, where are the pictures? doesnt matter if they appear to be different to before, that actually helps her as it menas the existing signs were rubbish (or another Co)

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Documents attached in PDF

Hopefully worked out this time

Have been learning to use Adobe and not finding it easy which accounts for some of the delay.

Photos to follow.

 

 

Michonne Parking pdf.pdf

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Slight problem. When I make a PDF of the photos the document size is far too big to upload.

Is there a way round this? 

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read upload

pdf reducer


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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we know what their letters look like, we need to see the SIGNS at the car park.

We ask for this on every thread so you should ahve spotted this and made at least a mental note.

ultimately the info is needed before the witness statement is written but please dont hamstring yourself by leaving it that long.

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Finally managed to get the photos reduced enough.

 

1st photo shows entrance , no signs

2nd shows signs after driving in .

3rd shows terms and conditions sign but not obvious when driving past.

Signs same as terms and conditions one are scattered around the parking area.

Michonne_photos.pdf

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Aha! Key word "Parking charge notice may be issued". Signs at entrance look inadequate too but EB will advise further I'm sure.

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my opinion is that you were not offered a contract to park for the following reasons.

no notice warning you at entrance from public highway that the land is covered by conditions that you shoudl consider before entering .

 

the  sign that is 12 feet off the ground isnt a contract but an invitation to treat

 

the sign on the corner in the same photo doesnt offer a contract to park to the public but prohibits parking for the public in certain areas and only makes an offer to a limited number of people for some other spaces and if you are not a permit holder nor a pub customer then you are not being made an offer of terms.

 

No indication of who is offering  this invitation, no company address or ATA membership indicated so that  breaches the POFA and break the CoP for the BPA and that means no liability is created

 

Now as the space is a right of way to a number of occupiers of the buildings surrounding the  area it would be wise to look up who actually owns the land and what covenants cover its use by either being included in the deeds of the land or by way of 8 years continuous use to create such rights.

 

The pictures are too blurred to be of any evidential use, you have to go back and take good clear pictures of the signs so all of the small print can be read ( last picture OK)

 

also take picturs of the car park and

any other marking you can see so when they say yellow spaces are such and such then you need to show that it isnt that well defined.

 

Also of yellow area is for authorised users how do they determine who is authorised as it isnt their land and they only use CCTV to grab reg details so they wont have a clue that the James Marshall centre gave you permission to park up because they didnt ask either you or them ( for example).

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OK thanks, I'll go out this weekend and take some more pics.

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1st pic shows white spaces in centre and yellow to right. Foreground yellow is no parking. I assume the small businesses in the vicinity are the authorised users but not specified.

The signs around the parking area are all the same as the one on the bottom of the wall as you drive in as pic 2 on previous pics.

 

2nd pic shows terms and conditions and is a pic of the lower part of all the signs around car park including the one as you drive in.

 

 

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put all you pix in one multipage pdf please

don't post them directly to a post

read upload

dx


PLEASE DONT HIT QUOTE IF THE LAST POST IS THE ONE YOU ARE REPLYING TOO.

MAKES A THREAD TWICE AS LONG TO SCROLL THROUGH!

please do not post jpg images directly to a topic..USE PDF ....READ UPLOAD.

 

WE CAN'T GIVE ADVICE BY PM - IF YOU SEND ME A LINK TO YOUR THREAD - I WILL BE HAPPY TO OFFER HELP THERE

Single Premium PPI Q&A Read Here

Reclaim mis-sold PPI Read Here

Reclaim Bank Account, Loan & Credit Card Charges Read Here

The CAG Interest Tutorial Read Here

spreadsheets 

 

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Pic 1 shows entrance as you turn off the road, no signs here.

Pic 2 shows signs after driving in.

Pic 3 shows close up of lower sign in pic 2

Pic 4 shows close up of t&c in pic 3

Pic 5 shows car parking area showing white and yellow parking spaces and signage on walls which are the same as in pic 3.

Michonne__parking_2.pdf

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so where exactly was daughter parked and why was she there?

 

It takes you a month to act upon anything we ask so please start to think about this or better still get your daughter to interact as she is the one being taken to court.

 

We are not the only resource you should be using and we will lead you to other useful websites but we must feel as though it wont be for nothing.

 

Did your daughter get her outline defence submitted in time as you havent confirmed this.

 

you will also need to find out about who owns the land as there are multiple users of the space and I would bet that the yellow bays are outside the control of Britannia anyway.

 

Have they produced any evidence of the parking event

 

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Sorry for the delays but things should move more quickly from now on.

 

She was parked in one of the white spaces.

She was taking her daughters to a play.

 

As she wasn't familiar with Harpenden she asked a passerby where she could park and was directed to said car park.

She didn't notice she only had 3 hrs.

Defence was submitted in time.

She has just had a letter from the parking company's solicitors saying that they intend to proceed with the court action.

 

Can you tell me where I can find out who owns the land?

 

By parking event do you mean where she actually parked?

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