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Messages - Beaulieu2012

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1
Hello again.
I followed your advice and submitted the defence as worded.
This morning I received the following email:

Quote
Good Morning
Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.
In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.
Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433within 7 days and make immediate reference to this correspondence.
If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.
 
Kind Regards,
Litigation Support
DCB Legal Ltd

I haven't added the Claimant's Directions Questionnaire as that doesn't seem noteworthy, but could if needed.
Many thanks in advance

4
Here with the N1SDT.
https://ibb.co/MkvRxQw6
Many thanks for your time and expertise.

5
I received a parking charge notice from Smart Parking in September 2023, after parking at Haven Banks Retail Car Park, Exeter in August (This Google Maps image shows where the entrance was at the time i.e. it has been altered: https://www.google.com/maps/@50.7169334,-3.5310927,3a,75y,223.83h,73.25t/data=!3m7!1e1!3m5!1syc0noyXP4B-X2mZpYroQ9A!2e0!6shttps:%2F%2Fstreetviewpixels-pa.googleapis.com%2Fv1%2Fthumbnail%3Fcb_client%3Dmaps_sv.tactile%26w%3D900%26h%3D600%26pitch%3D16.753880318507%26panoid%3Dyc0noyXP4B-X2mZpYroQ9A%26yaw%3D223.831966445592!7i16384!8i8192?entry=ttu&g_ep=EgoyMDI1MTEyMy4xIKXMDSoASAFQAw%3D%3D. I have a photo of the signage taken in October 2023.)
It took them a full month to send the PCN. I entered into communication with them, in the naive hope that my challenge would be dealt with fairly, confirming I was the driver.
I hadn’t kept the parking ticket. But I can, however, be certain I had bought a ticket as we had purchased a new car literally the day before and I didn’t know the number plate, and I remember I had to re-park it in the car park to see the registration from the ticket machine. And, I can be certain I paid for the correct amount of time as the company’s entry/exit photographs show I stayed less than two hours and the minimum purchase time allowed is two hours.
Further, my husband had travelled separately and as I was leaving the car park I met him returning to the other Haven car park (council owned) to add money to his parking time. It is inconceivable that I forgot to pay.
I appealed, explaining all the above but the company produced a computer search showing no payment results against my number plate (a single search against the correct characters, running together). And it maintained I had paid for “insufficient time”.
Possibly something went wrong with the registration entry, but I would suggest that was down to the machine (or later manipulation of the data) not me as I was so focused on getting it right, it being a new car.
I appealed to POPLA and lost as it found the company had followed the correct procedure.
It seems to me it is in the company’s interests for users to lose tickets and/or mis-type their registration etc etc. And that the machine might not operate smoothly with that result in mind. Or that the data could be manipulated later.
That car park is less-well-used than the neighboring one despite being cheaper (because of Smart Parking’s reputation?) so maximizing income from legitimate parking is presumably not the aim.
After losing the appeal I chose to ignore all communications from the company.
Interestingly, Debt Recovery Plus' letters ended in April 2024 only for DCBL to commence writing in August 2025. They sent a letter of claim in October 2025 and I have just received their County Court Claim Form. I can upload any/all of the correspondence but wanted to check first what elements might be of use. Thanks in advance.
 

6
Can I check please, when you say respond to the LoC with the text provided, do you mean I wait for a "Letter of Claim" as the document I have been sent is a "Letter Before Claim"?
Thank you.

8
I am the registered keeper of the vehicle.
The PCN is dated 4th July 2024 and relates to parking at Exe Bridge Retail Park on the outskirts of Exeter. I did not record the date that I received the PCN from Horizon Parking Ltd.
Local media reports that Horizon Parking Ltd brought in new parking charges at Exe Bridge Retail Park in December 2023.
https://www.devonlive.com/news/devon-news/new-penalty-charges-introduced-two-8930289
The news report shows a close up image of a small sign and records the text on another sign as stating:
"If less than 60 minutes, simply park shop and go. Needing longer? If you're a customer, you'll need to spend in store to receive a parking voucher at the till. When ready to leave, scan the voucher and enter your vehicle registration to validate. Parking limited to three hours with voucher.”
The driver of the vehicle parked at Exe Bridge Retail Park to shop on the afternoon of 27th June 2024 having not visited since the new charges were introduced. The driver remained oblivious that new charges were in place. They state they were given no reason to seek out or read any of the signage around the retail park. It is their belief that there was no overt or eye-catching attempt to warn parkers that new charges were in place.
Horizon Parking Ltd records the driver’s arrival at the retail park as 15.49pm and their stay lasting one hour and 29 minutes.
During that time the driver shopped in two of the stores.
Their bank statement records those visits albeit the date on the statement is given as the following day, 28th June 2024. At neither store was the driver offered a parking voucher nor made aware that a parking voucher was required under new rules.
Via the banking app chat function the time of the transactions was provided to the driver by the bank. The dates and time of the transactions was as follows:
27th June 2024
TK Max 16.45pm
Marks & Spencer 17.05pm.
The driver has a screenshot of this exchange on chat (the bank could not send a digital image of the records).
This image from Google Maps shows the entrance to the car-park on Haven Road, Exeter, and is dated August 2024.
https://maps.app.goo.gl/FUFWe3gjDyWa3tiK9
There are signs to the left and right of the entrance but they are bland with a white background and small lettering and do not attract attention. They are also placed where the driver would be concentrating on the road and cars ahead. It would be to my mind unreasonable to expect a driver to stop in that location to read the signs. In fact, a driver stopping to read the sign on the left would have to block the road as the sign is directly on the corner with Haven Road.
Local media related that users found the new rules confusing:
https://www.devonlive.com/news/devon-news/confusing-new-exeter-parking-rules-8988721
I have not responded to Horizon Parking Ltd, nor their debt collectors, Empira and Debt Recovery Plus.
I recently received a Letter Before Claim dated 11th July 2025 from Gladstones Solicitors. I have not yet responded.
The cost for parking for part of a second hour for any non-shoppers is 4GBP. Horizon Parking sought 60GBP rising to 100GBP if not paid within 14 days. The amount sought has since risen from 100GBP to 170GBP to include time and resources spent facilitating the recovery of the unpaid parking charge notice.
Thanks in anticipation for any guidance on how to proceed.


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