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Jo C.
Jo C., Barrister
Category: UK Traffic Law
Satisfied Customers: 64944
Experience:  Over 5 years in practice.
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Hi I recieved a PCN for parking at a retail park towards

Customer Question

Hi
I recieved a 'PCN' for parking at a retail park towards the end of 2012. I did not respond back . They are members of BPA and have obtained my details from DVLA. I have now received a Court claim form ( light orange colour)from Northampton. The car park was in London Hurlingham Retail park. I did write to the retailers and said that because of their delay I have received a parking fine. They wrote back and said they could not do anything but speak to the company.
Do I respond to the claim? If so seek a 28 days extension - if so which section and what do I say ? also need advice on the defence
Submitted: 1 year ago.
Category: UK Traffic Law
Expert:  Jo C. replied 1 year ago.
Hi

Thank you for your question and welcome to Just Answer. My name is Jo and I will try to help with this.

When you say a court claim is it actually ^ a court a summons
Customer: replied 1 year ago.


It's a 'claim form' N1Claim form (CPR Part 7& (12.12) with a northampton county court stamp

Expert:  Jo C. replied 1 year ago.
Thanks.

What is your defence ?

Also, Whats the dates of the alleged contravention?
Customer: replied 1 year ago.


The date was the 29th October 2012.


My defence ? That's what I need advice/gudance

Expert:  Jo C. replied 1 year ago.
Do you accept the allegation?

Did you park there?

Did you buy a ticket ?
Customer: replied 1 year ago.

I parked there to go into the shop . It was not a pay and display car park

Expert:  Jo C. replied 1 year ago.
So what were the terms and conditions?

In what way do they say you were in breach?
Customer: replied 1 year ago.


The claim is damages arising from breach of contract and payment by the defendant to the claimant of the total amount


The breach of contract relates to 'signs displayed advising drives of the terms and conditions when parking in the car park '

Expert:  Jo C. replied 1 year ago.

Would it be possible to tell me in what way they say you were in breach?
Customer: replied 1 year ago.

 


please see below :


 


Particulars of claim:



  1. At all material times the claimant carried out business as a carpark management company

  2. The claimant is contracted to manage the car park located at Hurlingham retail park , wandsworht bridge rd London Sw6 3DU( ‘the carpark’) The car park is private property and is monitored by the Claimant with automatic number plate recognition (ANPR) cameras

  3. In the car park there are many clear and visible signs displayed advising drivers of the terms and charges applicable when parking in the car park. Drivers are permitted to park in the CArPark in accordance with terms displayed on the signage . These signs constitute an offer by the claimant to enter into a contract with the drivers .

  4. The claimant’s ANPR cameras recorded the defendants vehicle registration number in the car park. The defendants vehicle entered entered the carpark on 29/10/2012 at 14.57 and left the car park on 29/10/2012 at 18.38. When the defendant parked their vehicle in nte car park for 3 hrs and 41 minutes.

  5. When the defendant parked their vehicle in the Car Park thye accepted by their conduct the claimant’s offer as set out on the signage . Consequently a contract was formed between the claimant and defendant

  6. As a result of the defendant s conduct a charge was incurred

  7. The defendant has not paid the outstanding charge

  8. Further the clai,mant claims interest pursuant ot section 69 of the county courts act 1984 on the amount found to be due to the claimant at such rate and for such period as the court thinks fit


Claimant Claims damages in the sum of £320 and interest pursuant to section 69 of the county court act 1984 to be assessed


 

Expert:  Jo C. replied 1 year ago.
Would you mind giving me the information I asked for?

I am sorry if I'm not being clear. I'm not sure how to make it clearer. I need to know what you are said to have done that you should not?
Customer: replied 1 year ago.


What they are saying is that maximun stay is 2- 3hrs ( I need to check ) and I parked for longer than that . Is this what you are asking

Expert:  Jo C. replied 1 year ago.
Yes, thats it.

Do you accept overstaying?
Customer: replied 1 year ago.


yes but there is mitigation -

Expert:  Jo C. replied 1 year ago.
Go on?
Expert:  Jo C. replied 1 year ago.
Hi

How are we getting on with this?
Customer: replied 1 year ago.


Hi -


mitigation - I went to buy a dongle and to get it to work on my laptop they had to load alot of updates on my laptop - I don't recall seeing any signs nor did anyone say anything


I don't live near there so I don't have any phots of the signs at the time


but it is interesting that I have received this a year later - makes me think that they may have changed the signs recently as an aside

Customer: replied 1 year ago.


Hi - as frar as mitigation is concerned I went to buy a dongle - they needed to load updates which they said would take no more than half an hour - it took over 3 hrs . I then left and came back after 8pm

Expert:  Jo C. replied 1 year ago.
Did you not get a ticket attached to your car?
Expert:  Jo C. replied 1 year ago.
Also what was the date of the contravention? Do you know exactly?
Customer: replied 1 year ago.

I did not get a ticket - the date was 29/10 /2012 .

Expert:  Jo C. replied 1 year ago.
Thanks.

This would seem to be a private land fine. There is lots of nonsense talked about such fines on the internet. The truth is that they are valid but they are hard to enforce.

The companies are doing nothing unlawful by seeking to enforce this but you can defend it.

They say that you accepted a contract by parking there and breached it by staying too long. They will have to show that the signs were adequate and clear such as to create a contract. Also, they will have to show that they suffered loss as a result.

The defence that many of these forums suggest of refusing to name the driver is no longer a proper defence. From 5th October 2012 the Protection of Freedoms Act will make the registered keeper liable for the fine if he does not disclose the drivers' details,

You must respond. This is a small claims court action. You cannot just ignore the matter.

You could defend and ask them to prove that they suffered loss as a result of this and that the signs were clear.

Let me know if you need to know anything else.

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