parking eye ANPR PCN PAPLOC NOW claimform - 14 mins overstay - Riverside Retail Park chelmsford essex

[dx100uk]

Grace period could be your tipping point 

Free spaces mean nowt 

 

Dx

[lookinforinfo]

If common sense prevailed there would be no car parking companies in existence.

[Junkie2222]

Just a quick update.

I've had an ' acknowledge receipt of your defence ' letter from HM Courts and Tribunals service.

It states that the claimant may contact me directly to attempt to resolve any dispute. If it can not be resolved informally, the claimant will inform the court that he wishes to proceed.

 

I've heard nothing from them. The defence was filed on the 3rd. Letter on the 4th.

 

Am I correct in saying that a WS has to be provided once I have a date on a hearing?

 

I have sent a CPR request and nothing has arrived regarding this request either.

The MCOL site has no updated information, other than my entries of AOS / Defence headings. ( not sure that their info would appear - Does it? )

I'm away on holiday on Thursday for a week and didn't want to leave anything hanging while I was away and miss a deadline.

 

 

Thanks

 

[FTMDave]

Don't worry - go and enjoy your holiday.

 

The next stage is that you will have to fill in a Directions Questionnaire from the court, but the deadline is not as strict as a week.

 

After that the court will allocate the case, you'll get a hearing date, and then yes it will be WS time.

[Junkie2222]

@FTMDavethanks very much.

 

Thought I was OK for the minute, just didn't want to chance it without asking first.

 

 

[FTMDave]

You did right.  We've had people here who've gone on an extended holiday or even out of the country for a long period, completely forgetting they were in legal dispute.  You can imagine what they found on their return

 

But a week is fine.

 

Have a great time.

[Junkie2222]

 

 

hello all,

Got back from holiday and this has arrived.

Also another letter that I will redact and post up shortly. Looks like they want to take it to court.

 

 

 

I'm not sure these are uploading correctly.

This is the directions questionaire for the small claims track.

claimants DQ.pdf sar return.pdf

[dx100uk]

well click on your upload and check?

 

what's the status on mcol?

have the court ACTUALLY sent DQ's out yet?

or is this just PE just pressuring you by intimidation thinking they are going to file their DQ

[Junkie2222]

They did download for me but gave a error as I uploaded as file not supported.

 

I have checked the MCOL after posting this ( trying to think it through myself ) nothing new so I guess not.

Their letter arrived today ( I think but we didn't hear the postman and not dated )

When I logged anything, it went up rapidly so I guess wait for Monday and see if it changes. You could be right though and it's an intimidation tactic.

It appears we've had a recent ticket that's been paid by my wife, so probable they think this will be paid. I'd rather donate here than pay these leeches.

 

Anyway, thanks for the reply and I'll keep it updated.

 

 

 

[Junkie2222]

MCOL has updated 1/8/22.

 

DQ Filed by Claimant

DQ sent to you

 

[dx100uk]

ok well go read a few PCN claimform threads so you know what to do when it arrives.

check here 1st mind before you go sending them off mind.

[Junkie2222]

pdfresizer.com-pdf-resize.pdf

 

So I have been allocated a small claims track.

I figure I enter my name above section A.

Section A.

Small claims mediation. ( I'm going to say yes to this. For reasons of loss of earnings for a day in court and also to seem reasonable, as it states I should be willing to settle before court proceedings )

 

A1. Yes ( do you agree all in the know? )

 

Section B: Is obviously my contact details

 

Section C;

 

C1 small claims track? Yes

 

SECTION D;

 

D1 ( unsure here to be honest - On one hand, I'm not the sort of guy that revels in being the centre of attention, so wont be looking forward to court. However, I'd want to hear whats going on.

 

How does this work please?

 

SECTION E;

 

E1 Chelmsford

E2 NO ( although i am wating on an email from one of comapnies on the stores onsite to try to confirm something regarding a reason I couldnt leave the site. ( so far nothing and been a week )

E3 Witness - Would this be 0 or 1 for myself?

E4 excluded dates ( none as far i know at present )

E5 NO

Sign on the last page

 

Return a copy to

1. the court ( on the first page - NN1 2LH

2. ParkingEye ( the legal dept lady listed previously )

3. Keep one for me

All recorded mail and asap now I guess.

 

Do I have to send anything to Chelmsford Court as this is the place Id like it to be heard or is this dealt with by the CC Business Centre?

 

Seems a simple form just a few questions to confirm before I do fill out and send tomorrow.

[dx100uk]

https://www.consumeractiongroup.co.uk/topic/347310-legal-n180-directions-questionnaire-small-claims-track-correct-at-sept-2016/#comment-5088148

 

3 copies

yes to mediation (unless you filed our Statute Barred Defence OR this is a claim for a Private Parking Ticket)

1 wit you

the rest is obv

1 to the court

1 to sols (omit phone/sig/email)

1 for your file

 

dx

[Junkie2222]

Suitability for determination without a hearing?

 

To me, it should be. Under the newest guidelines, 5 minute grace period and 10 minutes to allow for parking are stipulated. Is this enough?

Should I let it be dealt with without a hearing?

 

 

[dx100uk]

no!

[honeybee13]

To add to what dx said, we never suggest doing a hearing on the papers. In our experience parking companies can twist things to suit their case. Also, if they've been economical with the truth, let's say, if you don't attend you can't highlight to the judge what you think is the reality of the PPC's case.

 

So it would suit them very well but not help you.

 

HB

[Junkie2222]

OK makes sense. Thanks.

 

Mediation a definite NO also?

Does this seem as though I accept liability, rather than appear reasonable?

[dx100uk]

read the guide i posted.

[Junkie2222]

Read through the EX720 or 730 guidance.

So no to mediation on the grounds of not giving the case away before we go to court. Also, going to court will incur costs for the claimant.

 

Forms done. Addressed and go in the morning first class recorded.

 

Thanks again

[dx100uk]

or there is simply nothing to mediate over...............think about it...

 

who says you owe the speculative invoice in the first place... not the judge as they've not even seen the case file yet.

so who says you owe sols fees?

let alone the court claim costs .?

 

no-one 

 

negotiation means give and take ....agree a figure... there is not one to agree over...wake up!!

 

 

 

 

[dx100uk]

open

 

dx

 

[Junkie2222]

 I'm due in court on the 19th of April. They seemed to want to do this. 

 

They have sent a WS with an agreement of Cark park management as part of the defence.

 

The date of signing was 2011 with British Airways pension fund.  2011 I thought? That's a long awarding agreement

 

I Google them to try to find out if I could find a list of assets. 

They sold this par park to M&G real estates in 2016. 

Would this contract roll over over?

If it did, they would have to send me the correct version wouldnt they? 

 

Is this enough to demonstrate they're being deceptive and enough to build a basic case around? 

I'm drafting out a Ws that has to go on Monday, just wondered if this is a ' get out of jail free ' card in this one?

 

Apologies for being quiet and probably leaving this far too late. We had a house fire and we're out of the house for months.

 

Their WS arrived and in the confusion of having an entire floor renovated and the kitchen being in a different room, the office being stacked to the rafters with relocated rooms. It's been a last priority.

 

I'll understand if you can't be as helpful as you were before, my own fault.

 

I can upload what theyve sent and redact the details tonight. I'm looking after the boy.

[dx100uk]

scan up their WS to one mass pdf

 

dx

 

[lookinforinfo]

I have taken another look at your original PCN. They have missed out an important part of PoFA.  Under Schedule 4 S( [2][e] it should state

(e)state that the creditor does not know both the name of the driver and a current address for service for the driver and invite the keeper—

(i)to pay the unpaid parking charges; or

(ii)if the keeper was not the driver of the vehicle, to notify the creditor of the name of the driver and a current address for service for the driver and to pass the notice on to the driver;

 

They did not invite the keeper to pay the charge so the PCN is not compliant with PoFA. therefore PE cannot transfer the charge from the driver to the keeper. Which is a bit of a problem for them since despite what they say Courts do nor accept that the keeper and the driver are the same person. Anyone with a valid motor insurance policy can drive your car so as long as you do not reveal who was driving., it will be hard for them

There is a bit of bad news however. BPA have a different way of interpreting the Consideration period yes drivers do have five minutes to enter the car park and read the T&Cs. However once they have accepted them by staying in the car park then that five minutes is included as part of the parking period.

I don't agree with that and nor does the IPC nor the new Government Code of Practice both of whom say that the Consideration period is part of the non contractual part of the agreement. But the Judge may not take your side on that and may depend on how strong you make that point. if the Judge agrees with you then you will be in the clear since you would have left a minute earlier than legally necessary.

[Junkie2222]

there are 111 pages. These seem to be everything that hasnt already been uploaded as the original docs for each ticket.

The contract thats been added to their WS is the first time Ive seen it. I'm not sure if you can make it out as a photo. Quite difficult to read as is, directly from them on paper. 

This doc has been redacted by them and not me.

Another point of note is The original signee no longer owns the property as a whole. No longer a British Airways Pension fund property.

see below link

 

https://europe-re.com/m-g-real-estate-acquires-riverside-retail-park-for-57-8m-gb/64144

 

Also the signs on the main map are colour coded, yellow and Blue. Also numbered. There appears to be no Number 1 signs on the site. This wasnt the case. Blue 2 = Blue sign that is coded as number 1 by the page 25 of 111.

 

I cant find the my photos of the things now. I dare say theyll turn up. the rest of the signs...... the pictured step ladder isnt supplied onside, so theyre a difficult read from the ground!

 

It also appears that they have turned the place into a pay and display now.

Riverside car park

WWW.CHELMSFORD.GOV.UK

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Find out details of the Riverside car park, including location, number of spaces and charges.

 

anyway, if you need anything else gimme a shout.

 

 

 

20230401_150229.pdf