Britannia/BW ANPR PCN PAPLOC now Claimform - Quayside Poole

[lookinforinfo]

Thanks for the info. on your PCN.  The PCN is non compliant because there is no period of parking as required by the Act. It has been confirmed that the entrance time and exit from the ANPR cameras is not counted as the parking time since several minutes elapse between the entrance, finding a parking spot and then actually parking. Then of course pulling out of the parking spot and leaving the car park subtracts another few minutes from the parking period.

 

That means that the keeper is not liable for the debt if the driver does not pay.  So it is important that the identification of the driver is not revealed.

[dx100uk]

hammy you need to now slightly tighten up on how quickly and correctly you do things

there are very important timeline you must abide by and understand what to do at each stage and how to do it

so get searching here for PCN claimform.

use our google searchbox.

 

ensure you get AOS done 

ensure you do NOT miss your defence filing date no matter what does or does not happen.

 

you got back an sar 

we now need every page of that return scanned up here 

[hamadryad]

I followed exactly what you suggested and I’ve printed out the letter (with appropriate amendments) and it will go to bw legal today.

I’ve kept all the letters back & forth too.

 

I’ll follow up on the rest off the details later today.

 

Fingers crossed!

 

H

[dx100uk]

you dont need to amend the CPR letter

simply insert yours and their details.

 

[hamadryad]

I meant I’d amended it with the appropriate details. It’s in my pocket to go off now.

I’ll review the other issues when I get home later today.

 

I did receive a 'Letter of Claim', dated 31 Jan 2022

 

Having filled in the AOS, do I now have to send off the defence and counter-claim forms too?

 

Which Court have you received the claim from ?  N1

 

MCOL Northampton N1 ?

Manual Claim CCMCC (Salford) ?

New beta WWW.MONEYCLAIMS.SERVICE.GOV.UK ?

 

If possible please scan redact and upload a full page copy of page 1 of the claim form. (not the response page or AOS)

 

 

Name of the Claimant :  Britannia parking

 

Claimants Solicitors: BW Legal

 

Date of issue – 14 Apr 2022

 

Date for AOS – 02 May 2022

 

Date to submit Defence – 16 May 2022 

 

What is the claim for – 

 

1.THE Claim is for the sum of £104.80 being due from the defendant in respect of a Parking Charge Notice (PCN) for a contractual breach which occurred on 17/08/2021 in the private car park/land at Poole – Quayside BH15 1HA in relation to a (Car No withheld). 

 

2.The PCN was issued as the driver failed to comply with the terms and conditions, as displayed.

 

3.Despite demands, the charge remains unpaid.

 

4.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 17/08/2021 to 13/04/2022 being the amount £4.80.

 

The Claimant also claims £60 recovery costs as set out in the Terms and Conditions and in the AT AoS Code of Practise.

 

What is the value of the claim? £249.80

 

 Amount Claimed £164.80

court fees £35

legal rep fees £50

Total Amount £249.80

 

 

claimform.pdf

[FTMDave]

No, the defence comes later, the AOS "buys" you extra time to prepare your defence.

 

We don't advise to counter claim.

 

 

[dx100uk]

forms??

you dont use the forms in the claimform pack at all now

they are purely for ref 

you are using the online portal @MCOL.

 

and no you never counterclaim.

dx

 

[dx100uk]

thread tidied

 

dx

 

[hamadryad]

hi all,

 

Do you still need to see what I got back as a result of sending them the SAR?

 

H

[FTMDave]

Yes.

 

It can't harm to upload the lot.

 

Better to have to much info than too little.

[hamadryad]

Here is what I got back!

 

 

PCN-NTK+SAR reply.pdf

[lookinforinfo]

You rightly crossed out the address of the PCN. Was it one you recognised? Did the driver who was in the car park that day remember paying to park? If they did pay, did they also have to input the vrm number or did the ticket fall to the floor of the car.

 

[FTMDave]

Two questions.  Is the quality of the two photos of your car really that bad in the PCN they sent, or is the "pitch black" look the fault of the scanning?

 

Secondly, do you have any proof that their machine wouldn't work?

[hamadryad]

That’s the fault of the scanner, I’m afraid. Sorry.

As for the machine, no. Not really. When I couldn’t get it to work I abandoned further attempts.

 

H

[FTMDave]

OK, no problem, I was just "digging" into possible angles to undermine their case.

[hamadryad]

Hi all,

 

I sent off the letter as per instructions, and did the AOS too.

Just got back this from bw legal this am.

 

I am assuming that it's a letter designed to get me to pay without them having to do anything, cos I've heard nothing else back from them.

 

H

Scan_20220428_Compressed.pdf

[honeybee13]

You haven't had any court correspondence?

 

HB

[dx100uk]

Std letter bw always send on speculative invoice court claims.

 

Just dont miss your defence filing date regardless to if/not you get anything bacj.

 

Dx

[hamadryad]

@honeybee.  Got the claim form from the court & responded as per instructions.

 

@dx. I believe I have 33 days from date of this claim form, (14/04/2022), so if I bank on 30 days I should be ok.

I think that would put me having to respond to the court before 10th May.

 

H

[lookinforinfo]

OK I have caught up with your details. As I said in an earlier post your first PCN was not compliant in relation to the protection of Freedoms Act 2012. That means that they cannot transfer the alleged debt from the driver to the keeper. So you as keeper cannot be pursued as the keeper. They can assume that you are also the driver but they have to be able to show that you were the driver an assumption that  in itself is not enough to satisfy a Judge should it go to Court. 

 

So it is important that you do not reveal who was driving since anyone with a valid insurance can also drive your car as well as named family drivers on your own policy.

 

I am not sure that the Courts are ready to accept the £50 cap that is coming in under the new Government Code of Practice but certainly, if brought to the attention of the Court, anything over £100 should not now be allowed. A Government Minister called those charges "a rip off" so even though the illiterates in the car parking industry still try and charge them , Judges are not allowing them.

 

As their machines were not accepting payments you can claim frustration of contract. It is their job to ensure the machines are working so motorists cannot be penalised because the parking company has not managed to get its payment machine working. Also as the motorist did not pay [because they couldn't] the motorist becomes a trespasser. These car parking crooks are not allowed to pursue for trespass only the landowner can do that

[hamadryad]

That’s very interesting!

Given that they have raised a case though, they must believe they will win, surely. Otherwise it would be a waste of the court’s time.

That is, unless it’s kind of ‘automated’.

We shall see.

 

H

[lookinforinfo]

They are hoping that the threat will force you to pay up for one thing. The second is that they want other motorists to know that they do take people to Court. What they don't tell you is that they often cancel at the last moment.

[hamadryad]

hi All,

 

Well I've heard nothing back, and the date is becoming close when I have to deal with this!

So, any ideas where I should go next.

Shall I contact the court direct?

 

H

[dx100uk]

no you back to the sticky whereby it instructed you to post up certain details after you gotthe claimform.

 

scroll down 

and you'll see a section on how to defend

 

post it up here 1st before you file it on MCOL by 4pm monday (day 33).

 

dx

 

[hamadryad]

I have form N9B in front of me now.

I'll complete and copy you in before I send it.

 

Cheers,

 

H