ParkingEye ANPR PCN Claim Form - Over stay - KFC Walkden Manchester

[FTMDave]

Can you tell us a bit more about what happened?  Where you parked?  What PE reckon you did wrong?  The previous correspondence from them before they sued you?

[FTMDave]

I've tried to have a look on Google Street View.  Am I right in thinking that KFC is part of a shopping centre?  So would it be the shopping centre car park you parked in?

 

Or have I got that wrong?!

[FTMDave]

Your defence should be very brief so as not tos how your hand too early to PE.  As dx says, get a draft from other claimform threads.

 

LATER you will need as much ammo as possible for your Witness Statement, so yes, suss out the planning permission for then.

[FTMDave]

I'm not an expert but (1) seems to me to be a strange way to write ("it is admitted"), (2) seems you are playing games with the court, do you deny being the driver or not? and (4) seems superfluous.

 

You're on the right road with (3).  However, I'd make it more generic about you not having entered into any contract with PE.  That way later you can expand it later in case you find out they had no planning permission (which is illegal, so not contract formed) or they changed the parking time allowed (so no contract formed), etc., etc. 

[FTMDave]

BTW, were you able to work out the timeline of the original letters PE sent you?  I ask as it's not a good idea to go down the route of using POFA protection (essentially your point (2)) if PE for once have got it right and established keeper liability.

[FTMDave]

A standard defence is just that, it needs to be tweaked according to individual circumstances.

 

A big difficulty for the PPCs is that they don't know who was driving the car.  So they got the POFA 2012 passed to allow them to transfer liability to the keeper, but only if they follow the timescales in the law.  The problem is that you're missing the early paperwork so we don't know if they did or not, so (2) is not a good idea.

 

If no-one more knowledgeable than me comes on by the time you have to file, just write something very generic like "no contract was formed with Parking Eye so there was no contract to breach" which you can then flesh out later in your WS.

[FTMDave]

Good grief.  So you "overstayed" for 11 minutes.  The grace period is 10 minutes.  What total shysters.

[FTMDave]

Are Ellesmere Shopping Centre, Walkden Town Centre & Walkden Retail Park all essentially the same thing? 

With just one KFC in the area? 

I have a serious reason for asking.

 

Also, TripAdvisor reviewers start to complain about the parking restrictions around August 2019, so the change must be quite recent.

[FTMDave]

OK, excellent, please take pix both of KFC signs and also the signs in the surrounding car park, as I reckon that KFC has unilaterally tied to change the permitted parking time in their bit of the whole car park.

 

Also park in the main car park, not KFC, as I've read reports of invoices being issued for motorists who have parked in the KPC bit even if it's closed at the moment!!!

 

Could you reply to what I asked in post 57 please?  If you don't reply, it's difficult to give appropriate advice.    

 

 

[FTMDave]

Walkden Town Centre shopping centre have just sent me a FB message "Hi, in the main car park there is no time limit but by KFC/McDonalds it’s 1 hour. Many thanks".  Plus on the home page of their website they specifically warn about KFC new parking restrictions https://walkdentowncentre.co.uk/  Then I see TripAdvisor reviews start to mention PE in August 2019.  This all suggests recent unilateral imposing of parking restrictions without any planning permission by KFC and supports point (4) of dx's defence.

 

However, I don't know the area so for the third time can you answer what I asked in post 57 please? 

 

Note how dx's excellent defence deals with the specific issues linked to your case rather than being a cut & paste with irrelevant guff.

 

To increase chances of seeing off these fleecers then get the pictures of the signage, find out about planning permission and try to work out a timeline of the original NTK you received.                              

[FTMDave]

In post 5 the OP wrote:

 

Date of issue – 24/02.2020

 

Date for AOS - 14/03/2020

 

Date to submit Defence - 27/03/2020