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Messages - HaMi

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1
Private parking tickets / Re: Multiple NTKs from Sainsbury’s Horsham Despite Being a Paying Customer
« on: November 18, 2024, 01:01:03 am »
Update 1:

After escalating the matter with Sainsbury, the keeper received a long email from the Executive Officer. In summary, they CANCELLED the NTKs that the keeper contested with them. Below is part of their reply:

  'I can confirm that the maximum stay and any parking restrictions are advised of on signage throughout the car park. These are within different areas and are made to be visible....
  As a customer the responsibility lies with yourself in order to ensure that you are aware of any restrictions imposed on parking we believe that we have made this information available to our customers.
  As a gesture of goodwill on this occasion only, I have requested that the listed PCN's are cancelled and this has been confirmed and actioned today, however I must ask that you comply with the terms and conditions of parking on future visits'.

Update 2:

The 2 Final Letter Notices have probably been cancelled as well. Upon trying to appeal on Eurocar parks website, the following message is shown:

'It is not possible to appeal this PCN. This may be because an appeal has already been registered; or the PCN has been closed.'

Importantly, an appeal was not submitted by the keeper, and when Eurocar parks website was checked previously, there was no photographic evidence of any NTDs at the time of the alleged PCNs (the keeper did not receive any NTDs or NTKs for these 2 FLNs).

 
At this stage, the keeper is keen to watch and wait for any future correspondence.

The keeper sincerely thanks everyone who helped address this issue.

Best regards

2
Private parking tickets / Re: Multiple NTKs from Sainsbury’s Horsham Despite Being a Paying Customer
« on: November 11, 2024, 07:45:00 am »
Thank you.

'The PCN that was issued for the event on 17th August... you have not shown us the Notice to Keeper (NtK), only the reminder and the DRA letter. According to the reminder letter, a Notice to Driver (NtD) was affixed to the vehicle for that one.

Did you receive an NtD for the parking event on 17th August? If so, was it appealed before the NtK was issued?'

The keeper did not receive a windscreen ticket for any of the NtKs or the Final Notice Letter(s).

The keeper does not recall receiving an NtK prior to the Final Notice Letter. They do not geneuinely remember receiving and NtK (and certainly no windscreeen tickets)

Sainsbury Horsham do not have any wardens on site to issue windscreen tickets. They rely on cameras on entry and exit to check the car register and send NtKs to the address of the car keeper.

Since the last reply here, the keeper has received 3 more Final Notification Letters over the weekend:

Event date 25/09/2024, issued 02/10/2024. NtK received, as previously shared.
Event date 26/09/2024, issued 03/10/2024. NtK received, as previously shared.
Event date unknown, issued 31/08/2024. No NtK

The last Letter above, issue date of 31/08/2024: the letter is  backdated to 12/10/2024 but it was received in the mailbox just before the weekend (around 6-8/11/2024). Not only this is very late, but this was not preceded by an NtK at all. This is the second time they send a Final Notification Letter without NtK.   

https://ibb.co/CmLDLd9
https://ibb.co/VVB2kP2
https://ibb.co/VMPH9r7
https://ibb.co/7y27T3J

3
Private parking tickets / Re: Multiple NTKs from Sainsbury’s Horsham Despite Being a Paying Customer
« on: November 07, 2024, 01:41:04 am »
Thank you for the replies,

The driver did not receive any Notice to Driver (NtDs). Nothing was left on the windscreen on any of these occasions, only the NtKs via post.

I am attaching a photo of the back of an NtK, as requested.
https://ibb.co/6WB0N6W

We will go back to Sainsbury's management team and give them a clearer reminder of their obligation to their customers too.


Best regards

4
Private parking tickets / Multiple NTKs from Sainsbury’s Horsham Despite Being a Paying Customer
« on: November 06, 2024, 12:05:56 pm »
Hello everyone,

I'm hoping to get some advice on a tricky situation I’m facing with multiple NTKs issued by Euro Car Parks at the Sainsbury’s branch in Horsham. Here’s a summary of my situation:

https://ibb.co/BsMkzPp
https://ibb.co/bLHnRzW
https://ibb.co/MpSM0xF
https://ibb.co/BNkKGnQ
https://ibb.co/74MpbP6
https://ibb.co/L0yC7Lb
https://ibb.co/chtjHrQ
https://ibb.co/G98xHyk

We recently moved to the Horsham area from North London, where we were used to Sainsbury’s branches without parking restrictions. As a result, The driver was unaware of the need to validate the purchase receipt at the parking machine outside this branch. Unfortunately, we have since received several NTKs while the car was parked there as a paying customer, and despite providing bank statements as evidence, we are struggling to get them all cancelled.

* Reason for NTK: A voucher was not validated at the kiosk during the time period the vehicle was on site *

Here’s the full timeline:

1. Unaware of Parking System: We moved to Horsham and didn’t pay much notice to the parking system at Sainsbury’s, as the branches we previously shopped at (in North London and Chichester) didn’t have any similar parking restrictions.

2. Multiple NTKs: The keeper was issued several NTKs, but due to an oversight, didn’t update the address on the car logbook (V5C) after moving. As a result, NTKs went to the old and new addresses, which led to some letters being delayed or not arriving at all. Here’s the breakdown of the NTKs & Final Notification Letter:

Final Notication letter 1: Event date 17/08/2024, letter dated 25/09/2024 (sent to old address).
PCN 2: Event date 24/08/2024, issued 04/09/2024 (sent to old address).
PCN 3: Event date 14/09/2024, issued 20/09/2024 (sent to old address).
PCN 4: Event date 25/09/2024, issued 02/10/2024 (sent to new address).
PCN 5: Event date 26/09/2024, issued 03/10/2024 (sent to new address).

Additionally, the keeper received a Debt Recovery letter dated 29/10/2024, which was sent to the old address.

3. Contacting Sainsbury’s: the keeper visited and spoke with staff at the customer service desk on 7th October 2024, and they were able to cancel one PCN after verifying their bank statements. The date of the event was 07/08/2024 and the NTK was issued on 15/08/2024. However, the other NTKs remain unresolved.

4. Sainsbury’s Online Support Response: the keeper reached out to Sainsbury’s online support, hoping for assistance in canceling the remaining NTKs. Unfortunately, their response stated that parking conditions are displayed clearly and that Euro Car Parks issues PCNs as necessary. They suggested the keeper appeals directly to Euro Car Parks. The email reply was on 2nd November 2024.

I’m currently unsure how best to proceed. My main concerns are:

- How to effectively argue for cancellation, given that the keeper was a legitimate customer on all dates.
- The mixed addresses on the notices and the delayed receipt of certain letters, which has added confusion.

Any insights on whether I might have a good case for appeal, or how to handle the matter would be greatly appreciated.

Thanks in advance for your help.

5
Private parking tickets / Re: CCJ issued for parking at place of work - Chichester hospital car park - UKPC, ZZPS, DCB. Appeal to CNBC or not?
« on: October 28, 2024, 10:24:14 pm »
Submitted the completed N244, Witness Statement, Order Draft, Letter of Claim, Response to DCB asking them to set aside, and current proof of address. Also paid the hearing fees.

Now waiting to hear back. Will keep you posted.
 

6
Private parking tickets / Re: CCJ issued for parking at place of work - Chichester hospital car park - UKPC, ZZPS, DCB. Appeal to CNBC or not?
« on: October 25, 2024, 01:35:45 pm »
Thats astounding and I am very grateful for your help. Thank you so much for that.

I have a few simple questions related to the N244 form please:

- under 5. How do you want to have this application dealt with?
What would be the best option? I believe at a Hearing is the one I should aim for.

- under 6. How long do you think the hearing will last?
I intend to answer 30 min

- under 8. What level of Judge does your hearing need?
I intend to answer District Judge


In anticipation of the hearing itslef, can I write down the details of my defence and read it out or should I memorise them?

Thank you in advance
Best regards

7
Private parking tickets / Re: CCJ issued for parking at place of work - Chichester hospital car park - UKPC, ZZPS, DCB. Appeal to CNBC or not?
« on: October 24, 2024, 12:37:21 pm »
Thank you.

This is the witness statement as suggested:

I am the defendant in this case. This witness statement is made in support of my application to set aside the County Court Judgment (CCJ) entered against me by default on 19th June 2024. The judgment was obtained without my knowledge or the opportunity to defend the claim.

In September 2024, I noticed a decline in my credit score and, upon investigation, requested a statutory credit report. It was then that I became aware of the CCJ and a charge of £283 issued by the claimant. This was a complete shock to me as I had not received the N1SDT Claim Form and, as such, was deprived of the opportunity to acknowledge or defend the claim.

Following my discovery, I immediately contacted the County Court Business Centre (CCBC) to obtain more information. I was informed that the claim related to an alleged parking event in December 2023, and that the claim form had been sent to my previous address, at which I no longer resided at the time the form was sent.

I moved from my previous address to my current address on 8th April 2024. The last correspondence I received was a Letter of Claim (LoC) dated 26th April 2024, which was redirected from my old address. I received no further communication from the claimant, and I did not receive the N1SDT Claim Form that would have allowed me to defend the claim.

Under Civil Procedure Rule (CPR) 6.9(3), the claimant was obligated to take reasonable steps to verify my current address, given that they had reason to believe I no longer resided at my previous address. The claimant failed to do so and instead sent the claim form to an outdated address, which deprived me of the opportunity to respond and defend the claim.

The claimant is a member of the British Parking Association (BPA) and is bound by its Code of Practice. According to Section 23.1(c) of the BPA Code of Practice, before issuing court proceedings, operators are required to take reasonable steps to ensure they have the correct address for service. This includes using tracing agents or conducting soft searches via credit reference agencies to confirm whether the address on file is still valid. The claimant did not follow these steps, which constitutes a breach of the BPA Code of Practice.

The failure to serve the claim form correctly is a significant procedural error that justifies setting aside the judgment under CPR 13.2. If I had received the claim form, I would have defended the claim, and I believe I would have done so successfully.

In light of the claimant’s failure to adhere to both the Civil Procedure Rules and the BPA Code of Practice, I respectfully request that the Court set aside the default judgment and allow me the opportunity to defend the claim. The claimant’s actions have caused me considerable distress, particularly given the impact of the CCJ on my credit rating and financial standing.

8
Private parking tickets / Re: CCJ issued for parking at place of work - Chichester hospital car park - UKPC, ZZPS, DCB. Appeal to CNBC or not?
« on: October 23, 2024, 05:40:40 pm »
@b789

I followed your recommendations and I have not received any correspondance from DCB Legal. Whats the next steps please?

Kind regards

9
Private parking tickets / Re: CCJ issued for parking at place of work - Chichester hospital car park - UKPC, ZZPS, DCB. Appeal to CNBC or not?
« on: September 30, 2024, 02:48:19 pm »
@b789 Thank you so much for taking the time to advise on this matter, I really appreciate that.


- "You have not stated on what date you moved. Obviously your DVLA data was correct at the time the PCN was issued and you were aware of all correspondence up to the date you received the Letter of Claim (LoC)."

I moved on 08/04/24. As you said, the DVLA data was correct at the time of the private PCN (06/12/23).


- "Where is the NtD? Where are the Particulars of Claim (PoC)? You must contact the CNBC first thing on Monday and get them to email you(while you wait on the phone) the PoC from the N1SDT Claim Form. We need to see those."

Sorry I dont have/can't find the NtD.

This the PoC, as received from CNBC (apologies for the caps):

1. THE DEFENDANT (D) IS INDEBTED TO THE CLAIMANT (C) FOR A PARKING CHARGE(S) ISSUED TO VEHICLE .... AT ST RICHARDS HOSPITAL, ST RICHARD HOSPITAL, SPITALFIELD LANE, CHICHESTER, WEST SUSSEX, PO19 6SE.           
2. THE PCN(S) WERE ISSUED ON  06/12/2023     
3. THE DEFENDANT IS PURSUED AS THE DRIVER OF THE VEHICLE FOR BREACH OF THE TERMS ON THE SIGNS (THE CONTRACT). REASON:PARKED FOR LONGER THAN PERMITTED                       
4. IN THE ALTERNATIVE THE DEFENDANT IS PURSUED AS THE KEEPER PURSUANT TO POFA 2012, SCHEDULE 4.                                  AND THE CLAIMANT CLAIMS 1. £170 BEING THE TOTAL OF THE PCN(S) AND DAMAGES. 2. INTEREST AT A RATE OF 8% PER ANNUM        PURSUANT TO S.69 OF THE COUNTY COURTS ACT 1984 FROM THE DATE HEREOF AT A DAILY RATE OF £.02 UNTIL JUDGMENT OR SOONER PAYMENT. 3. COSTS AND COURT FEES


- "UKPC can only request your DVLA data once. They did that a month after they left the NtD on the car. If you change address after that date, updating your V5C makes no difference. They can’t check with the DVLA a second time before they issue a claim. It is your responsibility to send them a data rectification notice about your change of address for service of documents. Did you not have any mail redirection service after your move?"

Yes I redirected the mail to the new address, from , that's how I recieved the more recent letters.


You suggested 2 options: A Set Aside with or without consent. I would kindly appreciate your recommendation going forward.

Thank you in advance.

Regards

10
Private parking tickets / CCJ issued for parking at place of work - Chichester hospital car park - UKPC, ZZPS, DCB. Appeal to CNBC or not?
« on: September 29, 2024, 12:21:07 am »
Dear all, I need some professional advice please. Its my first post so I hope I cover all bases.
I am the car keeper and I did not respond to any letters, as explained below.

A link to the scanned copies of all recieved letters is here, for your convenience:

https://imgur.com/a/vcFdnQp



I only found out about the CCJ from the CNBC a few days ago while checking my credit score. I lost 300 points according to Experian because of the CCJ and my scoring dropped to Poor.

I moved house and didn't update the address on the car logbook (V5C). Many diverted letters didn't arrive or arrived late, which included those from UKPC, debt agency, and their solicitors. I had a very rough year on many fronts (ongoing) and I was extremely late in taking any action.

The proposed incident: the driver parked the car at their place of work (Chichester hospital car park) without diplaying a ticket on 06/12/23. A private PCN was left on the car windshield claiming that the car was 'Parked for longer than permitted'. The driver contacted their manager to ask for the PCN to be revoked internally, but the manager didn't contact the parking office as expected (found about this later).

This was followed by letters from UKPC on 05/01/24 & 20/01/24, demanding £100 parking charge.

Since I did not respond (the car keeper), they sent 2 more letters signed under ZZPS Ltd: 'Debt Collection Notice', claiming I owed them £170. The letters were dated on 02/02/24 & 16/02/24.

I did not respond, so they sent a letter from QDR solicitors, upon instructions by ZZPS, who is acting on behalf UKPC. The letter claimed the outstanding balance of £170 was needed in full. The letter was dated on 03/04/24.

The last letter arrived from DCB legal, dated on 26/04/24: Letter of Claim. They said that I am liable as the Keeper or Driver.   

I did not action these letters but found out that a CCJ was issued on 19/06/24 by the CIVIL NATIONAL BUSINESS CENTRE, as Judgment. They are requesting the payment of £283 to be paid to DCB.

I did not recieve a letter from court prior to the judgement.

When I contacted the CNBC 3 days ago, the staff who answered my call explained that I have the option of requesting a Set Judgment Aside (N244) or paying DCB. She said the fees to court would be £303 to get it looked at by a district judge.

I am attaching all the evidence I have here, please let me know if anything is missing.


 
What would you recommend? I want to close this issue and hopefully start mending my credit score.

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