Hi,
I'm in the same boat as many on here having yesterday received a Claim Form in an envelope post marked Salford containing papers stating they are from Northampton County Court relating to a PCN received in a Co-Op car park on 9/3/13.
I overstayed the 2 hour limit by over an hour and a half as the car park for the Co-Op in Hove was linked to the one for the Hove Greyhound track next door that I was visiting and both were controlled by CEL CCTV. I thought that the exemption the greyhound track had with CEL for visitors entering their registration number into an online system covered me, but it turns out the part of the car park at Co-Op was not included in that exemption, despite many people having parked there on Saturday nights when it was virtually empty of Co-Op customers, for years. When I queried the original PCN with the Co-Op I was advised that the greyhound track staff should have made me aware the exemption only covered their part of the car park - somewhat annoying that they didn't when pointing me towards the machine to enter my car registration details.
Following advice from the likes of BBC's Watchdog I ignored all correspondence from initially CEL, and then DEAL when they wrote to me in September with a last chance offer to settle before court proceedings.
I have now received the Claim Form, which I am detailing below, and would like some advice as to how to proceed after I file the acknowledgement of service.
The claim is addressed to me as the defendant, and I was the driver.
Brief details of claim
The claim is for contractual fees due alternatively damages for breach of contract arising from the non-payment of the fees alternately damages for trespass
Value
£215 plus interest pursuant of 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.
Particulars of the Claim
1. The Car Park is private property owned/ leased by The Co-operative Group Ltd of 1 Angel Square, Manchester, M60 0AG ("The Co-operative") The address of the car park is Car Park at Nevill Road, Hove, BN3 7BZ and at all material times the Car Park was managed by Civil Enforcement Ltd ("The Operator") on behalf of The Co-operative. The debt was assigned to the Claimant with the knowledge of the Co-operative.
2. By way of background , the Operator uses vehicle plate recognition on the entrance and exit of the car park which works by capturing images of the text displayed on Vehicle Number plates. 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.
3. Drivers are permitted to park in the Car Park in accordance with the terms displayed on the signage. These signs constitute and offer by the Operator to enter into a contract with drivers. The Operators recorded the Defendant's vehicle, reg no [xxxxxxx] entering the car park on 09/03/2013 at 19:10 and departing on 09/03/2013 at 22:48. When the defendant parked their vehicle in the Car Park they accepted, by their conduct, the Operator's pricing structure.
4.The Defendant was allowed to remain in the Car Park in consideration for agreeing to pay £90.00 (reduced to £45 if paid within 14 days) to the Operator. Consequently, a contract was formed between the Operator and Defendant and as a result of the Defendant's conduct £90 is owed by the defendant.
5. The Defendant did not take up the offer to pay the reduced amount if £45.00 within 14-days. The defendant failed to pay the agreed fee of £90.00 and as a result the Operator (directly/through its agents) was left no alternative but to write to the defendant several times in respect of their non-payment if the debt which increased as result by £40.00.
6. Further the Claimant claims interest persuant to section 69 of the County Courts Act 1984 on the amount found to be due to the Claimant for such period as the court thinks fit.
AND the Claimant claims
Amount of £215, alternatively, damages for breach of contract, alternatively, damages for trespass.
Statement of truth signed by Mr M Shwarts (Solicitor)
As the Co-Op has been taken over by Waitrose they have removed all signage and CCTV from the car park so I have no means of including a photograph of the sign.
Any help would be much appreciated.
Paul
I'm in the same boat as many on here having yesterday received a Claim Form in an envelope post marked Salford containing papers stating they are from Northampton County Court relating to a PCN received in a Co-Op car park on 9/3/13.
I overstayed the 2 hour limit by over an hour and a half as the car park for the Co-Op in Hove was linked to the one for the Hove Greyhound track next door that I was visiting and both were controlled by CEL CCTV. I thought that the exemption the greyhound track had with CEL for visitors entering their registration number into an online system covered me, but it turns out the part of the car park at Co-Op was not included in that exemption, despite many people having parked there on Saturday nights when it was virtually empty of Co-Op customers, for years. When I queried the original PCN with the Co-Op I was advised that the greyhound track staff should have made me aware the exemption only covered their part of the car park - somewhat annoying that they didn't when pointing me towards the machine to enter my car registration details.
Following advice from the likes of BBC's Watchdog I ignored all correspondence from initially CEL, and then DEAL when they wrote to me in September with a last chance offer to settle before court proceedings.
I have now received the Claim Form, which I am detailing below, and would like some advice as to how to proceed after I file the acknowledgement of service.
The claim is addressed to me as the defendant, and I was the driver.
Brief details of claim
The claim is for contractual fees due alternatively damages for breach of contract arising from the non-payment of the fees alternately damages for trespass
Value
£215 plus interest pursuant of 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.
Particulars of the Claim
1. The Car Park is private property owned/ leased by The Co-operative Group Ltd of 1 Angel Square, Manchester, M60 0AG ("The Co-operative") The address of the car park is Car Park at Nevill Road, Hove, BN3 7BZ and at all material times the Car Park was managed by Civil Enforcement Ltd ("The Operator") on behalf of The Co-operative. The debt was assigned to the Claimant with the knowledge of the Co-operative.
2. By way of background , the Operator uses vehicle plate recognition on the entrance and exit of the car park which works by capturing images of the text displayed on Vehicle Number plates. 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.
3. Drivers are permitted to park in the Car Park in accordance with the terms displayed on the signage. These signs constitute and offer by the Operator to enter into a contract with drivers. The Operators recorded the Defendant's vehicle, reg no [xxxxxxx] entering the car park on 09/03/2013 at 19:10 and departing on 09/03/2013 at 22:48. When the defendant parked their vehicle in the Car Park they accepted, by their conduct, the Operator's pricing structure.
4.The Defendant was allowed to remain in the Car Park in consideration for agreeing to pay £90.00 (reduced to £45 if paid within 14 days) to the Operator. Consequently, a contract was formed between the Operator and Defendant and as a result of the Defendant's conduct £90 is owed by the defendant.
5. The Defendant did not take up the offer to pay the reduced amount if £45.00 within 14-days. The defendant failed to pay the agreed fee of £90.00 and as a result the Operator (directly/through its agents) was left no alternative but to write to the defendant several times in respect of their non-payment if the debt which increased as result by £40.00.
6. Further the Claimant claims interest persuant to section 69 of the County Courts Act 1984 on the amount found to be due to the Claimant for such period as the court thinks fit.
AND the Claimant claims
Amount of £215, alternatively, damages for breach of contract, alternatively, damages for trespass.
Statement of truth signed by Mr M Shwarts (Solicitor)
As the Co-Op has been taken over by Waitrose they have removed all signage and CCTV from the car park so I have no means of including a photograph of the sign.
Any help would be much appreciated.
Paul
Another DEAL County Court Claim Form
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