Free Traffic Legal Advice

Live cases legal advice => Private parking tickets => Topic started by: rtsx on October 10, 2024, 09:08:20 pm

Title: Re: I overstayed in a car park as my car had broken down and I was waiting for AA and Euro Car Park won't cancel my PCN
Post by: b789 on October 11, 2024, 02:14:24 am

First things first, you can safely ignore any Debt Recovery Agent (DRA) letters, such as the one from DRP. Never, ever, ever communicate with a DRA as they are powerless to do anything. You can safely ignore them.

Having said that, this is going to escalate to a county court claim which is eventually going to be issued by DCB Legal. When you receive a Letter of Claim from them, come back and we’ll advise on the next steps.

Once the claim is filed and you receive the N1SDT Claim form from the CNBC, we will proved the defence.

You can guarantee with 99.9% certainty that this will eventually be discontinued early next year as long as you follow the advice.

Title: Re: I overstayed in a car park as my car had broken down and I was waiting for AA and Euro Car Park won't cancel my PCN
Post by: DWMB2 on October 10, 2024, 10:20:21 pm

Speaking to Aldi is always a good first step.

As it's a supermarket I assume it was a "Free stay max ___ hours" rather than one where you can pay for parking? If so, then a flat tyre would seem to bring this into the realm of 'frustration of contract', which would provide a defence if this got as far as court. Euro Car Parks do seem to be issuing a lot of claims lately, but they're using DCB Legal to do so. As you'll see from this thread, DCB tend to back out before it reaches a hearing: DCB LEGAL RECORD OF PRIVATE PARKING COURT CLAIM DISCONTINUATIONS (https://forums.moneysavingexpert.com/discussion/6377263/dcb-legal-record-of-private-parking-court-claim-discontinuations)

Title: Re: I overstayed in a car park as my car had broken down and I was waiting for AA and Euro Car Park won't cancel my PCN
Post by: mickR on October 10, 2024, 10:07:05 pm

you didn't read this. please read it and do as it says.

https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/

first port of call ask the manager at Aldi to get it cancelled.

Title: I overstayed in a car park as my car had broken down and I was waiting for AA and Euro Car Park won't cancel my PCN
Post by: rtsx on October 10, 2024, 09:08:20 pm

I was parked in Euro car park going to Aldi and when I came back to my car I saw I had a flat tyre which was unsafe to drive on. I contacted AA and they told me to stay where I am and they were sending someone to change it for me. AA took longer than expected to get to me so I overstayed in the car park by around 30 minutes. I informed the Aldi staff aswell. A week later I received a PCN from the car park which I appealed, showing them the AA live update tracker from the day and also sent photos of AA in action on my vehicle. They rejected my appeal. I then went through POPLA to reappeal and my case was again rejected as according to them I had overstayed and breached the terms and conditions of the car park and that was that. I ignored this rejection. Now I have received a letter from debt recovery plus on behalf of euro car park and they are threatening me with court. Is it okay if I continue to ignore this letter? I have told them before I have evidence of breakdown and they didnt care. Should T let them take me to court and will I win the case?