New Generation Parking PCN - Claimform - parking outside of marked bay - Appeal refused - Malpas road shopping centre, Newport, Wales.

[FTMDave]

Don't worry, you have plenty of time to defend this.

dx100uk will be on soon to tell you how to start the process.

[FTMDave]

It's absolutely essential to see what they are accusing you of (the original PCN) and what if anything you have let slip to them (your appeal).

Please post up anything you have.

As for the rest ... get a SAR off today to New Generation, 2nd class stamp, free Certificate of Posting.

Yes, I know you are sending a CPR request to DCBL, but, belt & braces, we need to get our hands on this info.

Please learn for the future not to throw away paperwork when you're in legal dispute, it makes it ten times harder to defend yourself and you have to play catch-up later.

[FTMDave]

This is a favourite scam of the private parking companies.  Do nothing at all about a vehicle parked badly in the full knowledge that other vehicles will have to park badly as a result, so they have excuses to issue their PCNs.

It's predatory behaviour and forbidden by their own Codes of Practice.

This puts you in a great position legally.  No, you shouldn't be trying to strike a deal with them.  Legally you owe them nothing!

Appealing was a waste of time, but you didn't out the driver - well done.

I understand you have photos of the incident.  Yes, please upload them.

The SAR should produce the rest.

 

[FTMDave]

Just reread the appeal.  You're right LFI.

This shows yet again why appealing to the PPC's kangaroo court is a dreadful idea.

Anyway, let's see the photos.

 

[FTMDave]

Thanks for the photos.  A few things.

1.  For the regulars.  Do we think an attendant took these photos or was it CCTV?  They are taken from up a height.

2.  For the OP, it was the car with reg. ... 3 HRG that stopped you parking in the next bay, right?

3.  For the OP, was there any reason you didn't park between the lines in the furthest right bay before the lamp post?  I ask as you can be sure the other side will pick up on this to try to beat you.

[FTMDave]

Thanks.

The way the court system works, with fixed costs included in the claim, means you have nothing to lose by fighting on.

Give in now and you pay them their claim.

Lose in court and you pay them their claim.  So why not fight?

In fact were you to lose in court it's highly likely that the judge would increase the amount by their £25 hearing fee but then decrease it by disallowing the £70 Unicorn Food Tax they have just made up and added to the claim.

It was however a mistake not to park in the far bay.

But what about their negligence in allowing a disgracefully-parked vehicle to stay where it was and prevent your BB access?

In any case, there is a long, long way to go before court.  A lot of these companies start a court claim in the hope that the motorist will wet themself and give in.  If a case is robustly defended and a decent Witness Statement produced, a good 20% of the time they drop the cases.  We'll support you all the way.

[FTMDave]

Thanks to you both.  I'd guessed it was CCTV, but the creeps who sneak up and take photos of the vehicles also use time stamps.

BTW TT98, what you have received is not a fine, you can never be clobbered for the statutory consequences of not paying a fine - because it isn't one. 

It's an invoice, and they have the same right to sue you as you have the right to sue anyone as a layperson who doesn't pay you for an invoice.  It's just a simple civil matter about a "debt".  Nothing worse.

[FTMDave]

Are we sure about this Nick?

In dx's photo there is a car parked in that far bay (the one next to the lamp post).

Do the yellow hashes have to be on both sides for a disabled bay?  Is not one side enough?

I confess I know absolutely nowt about disabled parking and Googling has got me even more confused!!

[FTMDave]

I don't know if this has already been asked upthread.

Did you receive a Letter of Claim a month or so before the claim form?

[FTMDave]

It would have been the former, and if they had failed to send it the matter could have been added to your defence.

The defence is good to go as is.

It doesn't make much odds, but you could change the first part to -

1.  The Defendant was the recorded keeper of [motor vehicle].

 

[FTMDave]

Once your defence is filed please come back here so we can deal with the SAR and other matters.

[FTMDave]

And?

[FTMDave]

OK, so firstly this throwing away of paperwork has to stop.  You now have to play catch-up, trying to get your hands on the correspondence and with the other side trying to put barriers in your way.  You have to defend yourself without properly knowing what you're being accused of.

For example, we don't know if they respected the Protection of Freedoms Act when they sent the PCN.

So two things.

1.  When they replied to your SAR, did they really just send photos and the appeals in a big block of text?  No PCN?  No reminder letters?  No Letter of Claim?

2.  If so, you can sue them for a couple of hundred quid for distress for not respecting their statutory duty.  Are you willing to do this?  Have a little think about it and let us know.

[FTMDave]

The N180 is just a standard form, instructions on how to fill it in are on any claim form thread.