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colin1096

horizon/gladstones windscreen PCN claimform - Bromborough croft retail park

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I was purchasing a large product from currys in Bromborough croft retail park .

 

I was driving a large van and the was nowhere to park .

 

i suffer from back pain so tried to park closer to the store .

 

After leaving the store realized i had parked in a disabled bay and had received a pcn from horizon parking .

 

I have spoke to the store to see if there was anything they could do as i had just spent £ 1600 in there .

 

they said no

i spoke to currys head office and they said it was not their problem .

 

I just wonder if there is any advice available .

 

thank you for your help in advance .

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(Threaten to) Return the item to Curry's if you can. Faced with loosing a £1,600 sale, I'll bet that they'll suddenly realise that there's loads they can do about your ticket after all :wink:


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post up the offending PCN with your personal details removed.

We will need to see the signage at the site as well.

 

Currys wont own the site and Horizon wont be emplopyed by them either

but that doenst mean they cant try a bit harder.

 

Go to their facebook/twitter etc and harangue them over this, they will find they can do better after all just to shut you up.

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That's an "interesting" term on the reverse of the ticket...

 

(paraphrasing slightly)

All appeals must include your name and address AND the name and address of the driver (if different).

 

Where on earth have they dreamt that one up from? Naughty Horizon! :razz:

 

 

Now, I suppose the first question is, is this your van or a borrowed/rented one?


We could use your help

PLEASE HELP US TO KEEP THIS SITE RUNNING

 

 

Please note that my posts are my opinion only and should not be taken as any kind of legal advice.

 

If I've helped you at all, please feel free to click on the little star under my posts and leave feedback :)

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It's a threatogram. The good news is that if it's been passed to DR+ you're nearing the end of the letter trail. :D Nothing you need to do.

 

HB


Illegitimi non carborundum

 

 

 

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note the charge has gone up to £155. ask yourself when you signed a credit agreeemnt with DR+ to make this legal. once you remember you didnt you can then understand the legality of this hike in charges.

It is just unicorn food tax and as the unicorns live on the moon they are expensive to maintain.

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another bit of free toilet paper. Ignore anything from a dca, that is written in every post where they are mentioned, be it parking or debt or retail forums.

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I read it ok. It is the usual crap from DRP who have just reduced the charge to £131 -their generosity knows no bounds. They are still overcharging the amount they can legally charge which is the amount stated on the notice in the car park! They have more front than Sainsburys.

Ignore totally.

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we don't need to see a claimform we know what one looks like

please complete this:

 

 

dx

 


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Name of the Claimant ? HORIZON PARKING

claimants Solicitors: GLADSTONES SOLICITORS

 

Date of issue – 10TH JUNE 2019

 

What is the claim for – 

 

1.THE DRIVER OF THE VEHICLE OF REGISTRATION XXXX XXX PARKED IN BREACH OF THE TERMS OF PARKING STIPULATED ON THE SIGNAGE ( THE CONTRACT ) AT THE CROFT RETAIL AND LEISURE PARK ON THE 13TH JAN 2018 THUS INCURRING THE PARKING CHARGE ( THE PCN )

 

2.THE DRIVER OF THE VEHICLE AGREED TO PAY THE PCN  ( which i never did ) WITHIN 28 DAYS OF ISSUE YET FAILED TO DO SO .

 

3.THE CLAIMANT CLAIMS THE UNPAID PCN FROM THE DEFENDANT AS THE KEEPER OF THE VEHICLE.

DESPITE DEMANDS BEING MADE THE DEFENDANT HAS FAILED TO SETTLE THEIR OUTSTANDING LIABILITY.

 

4.THE CLAIMANT CLAIMS £95 FOR THE PCN £60 CONTRACTUAL COSTS PURSUANT TO THE CONTRACT AND PCN TERMS AND CONDITIONS, TOGETHER WITH STATUARY INTREST OF £16.39 PURSANT TO S69 OF THE COUNTY COURT ACT 1984 AT 8% PER ANNUM CONTINUING AT .£0.03 PER DAY

 

What is the value of the claim?£ 246.39

 

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 ?  HORIZON PARKING  

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topic tidied.

 

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

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]
 


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

spreadsheets 

 

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Hi I'm the original posts brother i was the driver of the vehicle which.

i parked in Asda car park as the other car park was full.

i had a bad back & went into curry's to purchase a tv.

 

when the man brought the TV out he asked me to move the van closer to the store,

but with it being such a large van i had no option but to put the van in a space which i thought was a parent & child space,

then had to go back in to the store to get the delivery guy to bring the TV out.

 

upon my return i had received a pcn for parking in a disabled bay which i hadn't realised.

 

a few things the vehicle is registered in the limited company name which was dissolved in 2015 at the address for the shop i rented which i am not in any more  & give up in 2017 but i still receive mail because i have the shop next door

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Should I acknowledge this claim on the mcol website or not.

With the van being registered to a limited company which no longer exists.

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the defendant is the director of the company and defends in that capacity.

If the claim form says defendant is MR soandso the you need to lay out your defence slightly differently than the usual way

 

before you respond can you confirm soome of the following:

who were the named directors of the limited company? ( ie you and your brother, you alone, your brother alone?)

 

was the company properly wound up before the claim was issued?

 

was the vehicle thus registered a still being a company van after the winding up

- ie had you failed to inform the DVLA about the change of ownership of the vehicle?

 

We need dates

 

Once you have answered these points there may be a very easy way to get this knocked on the head as the claim probably has nothing to do with you as individuals

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I myself was the sole director of the company the company was dissolved in Nov 2015 & the pcn was issued in jan 2018.

The vehicle is still registered in the dissolved company name to this date

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Dissolved and removed from the register at Companies House?

so you have been driving a van for 3 years that has no owner/keeper or  valid insurance?

This complicates things but to my mind that is not a matter for this claim unless they decide to resubmit their POC because it is private land and they arent in a position to demand to know.

so what address was the claim form sent to, the emply shop next door to your current address but in your name or company name?

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On companies house it says this company is dissolved.

The insurance is in my personal name not the limited company, but the v5 log book is in the dissolved companies name.

All the letters regarding this claim are addressed to the dissolved companies name.

I personally know the post man & he gives me all the mail for the closed shop.

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Ok them defence is very simple.

The company named in the claim as the defendant does not exist and did not exist at the time so there can be no cause for action against it. The claim should be struck out under CPR  3.4 and 24.2

 

 

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Ok that's great, do I need to go on the mcol website or do I email the solicitor to explain this to them ?

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you NEVER email them ever.

you go online and enter that as the  defence.

I would also send a letter to Northampton CC manager asking him to use his powers to do the same to stop wasting people's time and money. You will need to refer to the CH registration and dissolution. Use claim ref No otherwise they wont know what you are on about.

Do not explain anything about the event, how you got the correspondence etc, just that the LTDCO doesnt exist so no-one to sue.

 

Hopefully that will be the end of the matter but you may be unlucky and nothing gets properly read until much later on in the proceedings

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