New Generation vanishing windscreen CCTV PCN Now Claimform - Not parked within the confines of a marked bay - Malpas Road Shopping Centre NP20 6WB

[Outoftoon]

Thanks Dave, that's awesome.

I will wait for other comments/feedback and will diarise to submit the claim on or around the 10th of March.

[dx100uk]

good.

in the meantime the more PCN claimform threads you read here (about 10+ a day) the more familiar you will become with the whole process and it's stages and the various tactics these PPC's use to pressure, intimidate and harass defendants into thinking they have to give in.

you don't, it's a game of chess and their moves going forward are VERY well documented and pretty predictable which is why, by enlarge, CAG is successful most of the time.

dx

 

[brassnecked]

That defence should send them scuttling away, they also are using the Driver or keeper argument in the claim.

[AndyOrch]

19 hours ago, Outoftoon said:

So there is no harm in me doing my defence and submitting it now? I don't want to leave it till the last minute as I know I will get bogged down with work.

Nothing really to be gained by waiting until 15th March to submit in this type of claim...submit it when your ready

 

 

.

[lookinforinfo]

Ideally we would need photos of their signage to see if they have included "no Stopping " in the car park. Would be pretty unusual since to either back into a parking space or back out of it would require stoppping to change from reverse to forward.

Your appeal in this case is hardly a problem since the whole PCN is rubbish. First, they haven't specified a parking period on the PCN [the photos don't count]  And even if they had it is obvious that you had to drive from the entrance to the parking place and then leave the parking space and drive back to the exit so the time spent turning you car could only have been a matter of two minutes- ish which could hardly be called parking. On top of that there is a five minute consideration period to allow motorists to read the signs and decide whether to accept the terms or leave.

in addition to omitting the parking period  [the protection of Freedoms Act 2012 Schedule 4 section 9 [2]a]  they have also missed the words in brackets in this part of Section 9 [2][f] the creditor will (if all the applicable conditions under this Schedule are met) have the right to recover from the keeper so much of that amount as remains unpaid;

Interesting that they didn't clobber you for parking in a disabled spot. Perhaps they thought that it would be pushing matters too far had they included that too. No that wouldn't be it. there must have been another reason.

[Outoftoon]

Had this response today from DCB Legal:

Good morning

Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

N180 - Directions questionnaire (Small Claims Track).pdf

[honeybee13]

Scare tactics. Do they have your email address?

HB

[Outoftoon]

Yes they do. So what do I do now?

[Nicky Boy]

Tell them by email and post that future communications are to be by letter only. (Don't forget your free proof of posting)

[FTMDave]

So following Andy's post you filed your defence, right?

[Outoftoon]

Yes I did.

[dx100uk]

no need to keep using @username.

dx

[Outoftoon]

Sorry wasn't sure if you know who I was replying to 

[honeybee13]

It's OK. Just use the name but don't put @ in front of it.

HB

[Outoftoon]

So what happens now? 

[honeybee13]

So now you need to read up on other threads here where people have had court claims from PPCs and especially New Generation ones. I know it will take time but you need to understand the court process.

HB

[dx100uk]

On 18/02/2024 at 21:32, dx100uk said:

good.

in the meantime the more PCN claimform threads you read here (about 10+ a day) the more familiar you will become with the whole process and it's stages and the various tactics these PPC's use to pressure, intimidate and harass defendants into thinking they have to give in.

you don't, it's a game of chess and their moves going forward are VERY well documented and pretty predictable which is why, by enlarge, CAG is successful most of the time.

dx

 

 

[FTMDave]

As the first of your daily 10, have a read of this short thread, where you will see all the stages of the court process explained  https://www.consumeractiongroup.co.uk/topic/406892-highview-parking-anpr-pcn-claimform-urban-exchange-manchester-claim-dismissed/#comments 

[Outoftoon]

As part of the CPR request which I have now received I have not been provided with the following:

1. The contract between New Generation Parking Management Ltd and the landowner that assigns the right to enter into contracts with the public and make claims in their own name.

2. Proof of planning permission granted for signage etc under the Town and Country Planning Act 
2007

Also I was sent the attached, which is a different notice displayed in the car park, it states "£35 if paid in fill within 7 days of issue" not sure if any of this is relevant at all?

 

template of sign - £35 if paid in fill within 7 days of issue.pdf

[dx100uk]

its a temple of a sign they claim is displayed at the site.

any proof it actually IS physically there.?

dx

[Outoftoon]

This is what is displayed at the site

 

actual site sign photo.pdf

[lookinforinfo]

I suspect that the land owner probably inserted the £35 addition. You will note that NG sent your original PCN 7 days after the alleged breach so I doubt if anyone is ever able to make use of that particular payment. Once you receive the contract, you could write and ask the land owner how many people have been able to take advantage of it.

I expect the answer will be between 0 and 0.

 

Edited March 21 by lookinforinfo

[Outoftoon]

But what if I don't receive the contract?

[Nicky Boy]

13 hours ago, Outoftoon said:

Also I was sent the attached, which is a different notice displayed in the car park, it states "£35 if paid in fill within 7 days of issue" not sure if any of this is relevant at all?

Well, the 7 days thing isn't relevant, BUT, Their Code Of Practice probably explains why they want to use the one they sent you, rather than the real one.

IPC code of Practice:

15.2 A reduction of a minimum of 40% must be offered where payment is made within 14 days

 

As far as I can see, the "real" sign does no such thing.

 

Also, neither sign states that NGPM are the creditor either. (Which is requred).

IPC code of Practice:

Entrance Signs should:

c. identify yourself as ‘the Creditor’;

 

(I also note that their NTK doesn't offer the 7 day £35 quid option either!)

The phrase "Dog's breakfast" comes to mind.

3 hours ago, Outoftoon said:

But what if I don't receive the contract?

Possibly doesn't exist? (Bad for them).

[FTMDave]

13 hours ago, Outoftoon said:

Also I was sent the attached, which is a different notice displayed in the car park, it states "£35 if paid in fill within 7 days of issue" not sure if any of this is relevant at all?

Ho!  Ho!  Ho!

So in your WS you can state that they are adamant that there is a discount period during which the motorist can pay £35, yet they broke this contract by not including it in their PCN.

3 hours ago, Outoftoon said:

But what if I don't receive the contract?

They will have to send it in their WS.

Edited March 21 by FTMDave
Multiple posts removed