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County Court Claim; SIP Gladstones Manchester car park

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  • County Court Claim; SIP Gladstones Manchester car park

    Hi, I have received a claim form from NHCC with the following particulars:

    Particulars of Claim :-
    ____ of the vehicle XX16XXX (the ‘Vehicle’) incurred the parking charge(s) on 10/01/2017 for breaching the terms of parking on the land at Wxxxxx Street Manchester. The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.

    AND THE CLAIMANT CLAIMS
    £160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £9.62 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to judgement at £0.04 per day.

    The car park in question had a manned barrier entry, where a man sitting on a till would give you a ticket/receipt upon payment in cash. This ticket/receipt was partly hand written. The driver parked at the car park at 8pm and purchased 3 hours, however the driver was running late, the driver returned to the car park to purchase an extension before time ran out on the initial ticket. Upon returning to the car park the driver found the manned barrier entry closed with no one there able to assist. The driver looked around for a pay machine and found one, however it was not working at all. The driver then continued without paying and returned 30 minutes later to find a PCN on the windscreen.


    The driver appealed online but received no reply and now have this claim form to deal with.

    Any advice on how to deal with this would be greatly appreciated.

    Thank you
    Last edited by sammy79; 1st October 2017, 20:53:PM.
    Tags: None

  • #2
    Re: County Court Claim; SIP Gladstones Manchester car park

    Hi

    First & foremost, have you acknowledged the court claim?
    CAVEAT LECTOR

    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

    You and I do not see things as they are. We see things as we are.
    Cohen, Herb


    There is danger when a man throws his tongue into high gear before he
    gets his brain a-going.
    Phelps, C. C.


    "They couldn't hit an elephant at this distance!"
    The last words of John Sedgwick

    Comment


    • #3
      Re: County Court Claim; SIP Gladstones Manchester car park

      Originally posted by charitynjw View Post
      Hi

      First & foremost, have you acknowledged the court claim?
      Hi, yes I sent the acknowledgement within the 14 days which allows me another 14 days to file a defence, of which I have 4 days left.

      Thank you

      Comment


      • #4
        Re: County Court Claim; SIP Gladstones Manchester car park

        Ok Sammy

        In fact you have 33 days from the court claim issue date in which to file a defence. (An extra 5 days allowed for deemed delivery of the claim if via MCOL).

        Do you have the original PCN, the postal Notice to Keeper* & up-to-date pics of site signage?
        Is it a hire/lease vehicle?

        *This should have been received by the RK within 29-56 days of the parking incident (If it's not hire/lease).

        Btw, could you edit your first post....'The driver parked...', etc.
        Do not ID who was driving, even on forum posts!.
        (Or have you already done so in your communications/appeal)?
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb


        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.


        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment


        • #5
          Re: County Court Claim; SIP Gladstones Manchester car park

          Do you have the original PCN - Yes I do

          the postal Notice to Keeper - Not the original no.

          & up-to-date pics of site signage - No, it's in Manchester (I live more than 100 miles away)

          Is it a hire/lease vehicle? - PCP.


          Btw, could you edit your first post....'The driver parked...', etc. - edited, thanks. I copied what the particulars stated in the letter.

          Thank you

          Comment


          • #6
            Re: County Court Claim; SIP Gladstones Manchester car park

            From post #1

            The driver had parked at the car park at 8pm and purchased 3 hours, however as they were running late, they returned to the car park to purchase an extension before time ran out on the initial ticket. Upon returning to the car park the driver found the manned barrier entry closed with no one there able to assist. The driver looked around for a pay machine and found one, however it was not working at all. The driver then continued without paying and returned 30 minutes later to find a PCN on the windscreen.
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: County Court Claim; SIP Gladstones Manchester car park

              From memory this site is either pay at kiosk or alternatively pay via ticket machine.
              No other payment methods available.
              Also, the site signage used to display BPA logos. (Well they did last May !)
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Re: County Court Claim; SIP Gladstones Manchester car park

                Originally posted by charitynjw View Post
                Ok Sammy

                In fact you have 33 days from the court claim issue date in which to file a defence. (An extra 5 days allowed for deemed delivery of the claim if via MCOL).

                Do you have the original PCN, the postal Notice to Keeper* & up-to-date pics of site signage?
                Is it a hire/lease vehicle?

                *This should have been received by the RK within 29-56 days of the parking incident (If it's not hire/lease).

                Btw, could you edit your first post....'The driver parked...', etc.
                Do not ID who was driving, even on forum posts!.
                (Or have you already done so in your communications/appeal)?

                Sorry about that, edited!

                - - - Updated - - -

                Yes, I believe that is correct. The manned kiosk was however closed at the time of return which was around 10:45pm. The ticket machine was out of service.

                Not sure if it is BPA or not. Should I try to get some pictures of the signage at the car park?

                Thank you

                Comment


                • #9
                  Re: County Court Claim; SIP Gladstones Manchester car park

                  SIP are now with IPC, not BPA.

                  If you can get up-to-date signage pics it would help.

                  - - - Updated - - -

                  Do not ID who was driving, even on forum posts!.
                  (Or have you already done so in your communications/appeal)?
                  ####
                  CAVEAT LECTOR

                  This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                  You and I do not see things as they are. We see things as we are.
                  Cohen, Herb


                  There is danger when a man throws his tongue into high gear before he
                  gets his brain a-going.
                  Phelps, C. C.


                  "They couldn't hit an elephant at this distance!"
                  The last words of John Sedgwick

                  Comment


                  • #10
                    Re: County Court Claim; SIP Gladstones Manchester car park

                    Originally posted by charitynjw View Post
                    SIP are now with IPC, not BPA.

                    If you can get up-to-date signage pics it would help.

                    - - - Updated - - -



                    ####
                    Sorry, seemed to have missed that. Haven't ID'd anyone, not in the appeal either.

                    I've tried to get pictures from the site, but have been unable to do so and it's a two hour drive to Manchester.

                    Is there any other solution to this?

                    What sort of defence could I make? The lighting in the carpark was poor, the signage was awful, the ticket machine was not working. How can something like this be allowed? Parking was paid for, time went over by 20 minutes. This is frustrating.

                    Thank you
                    Last edited by sammy79; 3rd October 2017, 11:58:AM.

                    Comment


                    • #11
                      Re: County Court Claim; SIP Gladstones Manchester car park

                      These are all the communications I've received prior to the country court claim.

                      I have read on another post that they state just Walmer Street on the letters and ticket? Could this be used?
                      Attached Files

                      Comment


                      • #12
                        Re: County Court Claim; SIP Gladstones Manchester car park

                        What is the 'date of sending this notice' on the 'Payment Overdue' letter? (The one with black header).
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb


                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.


                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment


                        • #13
                          Re: County Court Claim; SIP Gladstones Manchester car park

                          The date on the black one is 04/04/2017

                          Thank you

                          Comment


                          • #14
                            Re: County Court Claim; SIP Gladstones Manchester car park

                            Ok

                            Can I just ask...are you (or were you at the time) the registered keeper on the DVLA database? (It is usually so with PCPs, but just dotting i's, etc)

                            Oh, & the date of the red 'impending legal action' letter?
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb


                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.


                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment


                            • #15
                              Re: County Court Claim; SIP Gladstones Manchester car park

                              Originally posted by charitynjw View Post
                              Ok

                              Can I just ask...are you (or were you at the time) the registered keeper on the DVLA database? (It is usually so with PCPs, but just dotting i's, etc)

                              Oh, & the date of the red 'impending legal action' letter?

                              The driver is not/was not the registered keeper. date on red one 6/6/2017

                              Thankyou

                              Comment

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