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Messages - tazzywazzy

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Private parking tickets / Re: DCB Legal - euro car parks
« on: January 27, 2025, 02:45:21 pm »
Hi, I followed your advice and filled in the Directions questionnaire. For one of them now they have sent a date for mediation call on the 28th of February. Do I attend this call and is there any advice of what to say in the mediation. Thank you so much for your help.

2
Private parking tickets / Re: Moorside Legal - Help needed pcn
« on: January 10, 2025, 01:16:04 pm »
Hi @ b789 thank you so much, I will let you know when this letter comes and reply on here.

3
Private parking tickets / Re: DCB Legal - euro car parks
« on: January 10, 2025, 11:25:45 am »
Oh and finally, after I submitted my defence both of the cases the companies took over 28 days to send their reply and the DQ, does this give me any leverage?

4
Private parking tickets / Re: Moorside Legal - Help needed pcn
« on: January 10, 2025, 11:24:37 am »
Hi,

So this PCN was received at block of residential flats. My friend who wasn't well called me and I had to go there in an emergency to help my friend. I didn't park in a marked bay as I didn't want to take up space of another resident, so I parked in an area that wasn't a marked space. It did not block anyone's way or parking space. I have appealed this and again it was rejected. I still don't know where the parking sign is but will try and drive there today to see if I can get a picture of it.

5
Private parking tickets / Re: DCB Legal - euro car parks
« on: January 10, 2025, 11:22:02 am »
Particulars of claim for the second one

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Private parking tickets / Re: DCB Legal - euro car parks
« on: January 10, 2025, 11:21:03 am »
Hi,

Thank you for the reply, I have added the particulars of the claims for both

Defence 1:

I am writing to formally defend myself against the parking charge claim issued by Euro Car Parks LTD on 21 February 2022. The charge against me is unwarranted, and I believe it results from the claimant’s failure to provide properly functioning payment options and their disregard for my documented efforts to resolve the situation at the time of parking.

Background of Incident

On 21 February 2022, I parked in the Rochdale Road car park managed by the claimant. I fully intended to pay the parking fee and, in accordance with their terms, attempted to use both of the on-site payment machines. However, neither of the machines was operational. Faced with this, I followed the instructions provided and called the payment line displayed at the location.
I spent over 20 minutes on this call attempting to complete the payment. While I believed the payment had been successfully processed, I later received a letter from the claimant stating that a parking charge was being levied against me for non-payment. This came as a shock, given my efforts to comply with the claimant’s requirements.

Evidence of Compliance

Upon receiving notice of the charge, I promptly appealed it, providing clear and documented evidence of my call to their payment line, including call logs and duration, which demonstrate my genuine effort to make the payment. I offered to pay the original parking fee immediately upon realising that it had not gone through as I believed it had at the time. Despite this, my appeal was rejected by the claimant, forcing me into a prolonged and increasingly distressing series of communications and appeals that have now escalated to a court claim.

Claimant’s Failure to Provide a Reliable Payment System

The claimant has failed in their duty to provide reasonable, accessible, and functional means for patrons to pay for parking. By refusing to acknowledge the malfunctioning machines and my documented attempts to pay by phone, the claimant has acted unreasonably and, I believe, in bad faith.

Psychological Impact and Stress Due to Claimant’s Conduct

The claimant’s persistence in pursuing this matter, despite the clear evidence I provided, has caused me considerable distress. I suffer from severe anxiety and PTSD, and the numerous threatening letters I have received from the claimant have exacerbated my condition significantly. This undue pressure has worsened my mental health, further demonstrating the harmful impact of the claimant’s disregard for patrons attempting to comply with their terms.

Conclusion and Request for Dismissal of Charge

I urge the court to recognize that I acted in good faith and took every available step to pay the parking fee. The claimant’s failure to provide adequate facilities and their refusal to acknowledge my good-faith efforts to resolve the matter without escalation have placed me in an unjust position.

I also wish to reiterate that I am still willing to pay the original parking charge amount for that day, as I have offered previously, because I did use the parking facilities and do not wish to be in debt to anyone. I believe this is a fair resolution, given the circumstances, and respectfully request that the court dismiss this punitive charge as an unreasonable penalty imposed due to the claimant’s procedural failures and disregard for the evidence presented.

Thank you for your attention to this matter.

Defence 2:


Introduction

I, ...., the defendant in this matter, submit this defence in response to the claimant’s claim regarding a Parking Charge Notice (PCN) issued on 15th January 2024 at ......

The Circumstances of the Incident

On the date in question, my vehicle unexpectedly broke down, leaving me and my young daughter stranded. Concerned for my daughter’s welfare due to the cold weather, I took her to a nearby warm place while waiting for the recovery truck.

Evidence Submitted to the Claimant

Following the issuance of the PCN, I promptly appealed the notice and provided the claimant with the details of the recovery company that attended to my vehicle. This included the name of the company and any other relevant evidence to corroborate my situation.

Rejection of the Appeal

Despite presenting legitimate evidence of a breakdown, the claimant rejected my appeal. This demonstrates a lack of consideration for genuine mitigating circumstances, as outlined in the British Parking Association’s Code of Practice, which requires parking operators to act fairly and proportionately.

Mitigating Factors Ignored

My vehicle’s breakdown was entirely unforeseen and beyond my control.

As a responsible parent, I prioritised my daughter’s safety, which is a reasonable and justifiable action under such circumstances.

I acted promptly to arrange for recovery and cooperated fully by providing the claimant with all relevant details.
Abuse of Process

The claimant’s rejection of my appeal and subsequent pursuit of this claim appear to be a revenue-generating exercise rather than an attempt to enforce legitimate parking rules. It is an abuse of process to penalize a motorist who acted responsibly during an emergency.

No Genuine Pre-Estimate of Loss

The claimant has failed to demonstrate that the charge is a genuine pre-estimate of loss or that it reflects any damages incurred. The vehicle was not parked in disregard of the terms but was stationary due to mechanical failure, and no harm was caused to the claimant’s property or interests.

Request for Dismissal

Given the evidence and circumstances outlined above, I respectfully request the Court to dismiss the claimant’s claim.

Statement of Truth

I, ....., believe the facts stated in this defence are true to the best of my knowledge and belief.





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Private parking tickets / DCB Legal - euro car parks
« on: January 09, 2025, 06:52:58 pm »
Hi,

I have started a new thread as you requested in my previous one to avoid confusion.

I have two Private Car Park PCNs that have gone to moneyclaim. I filed my defence

1. The first one back in 2022 I tried to pay for the parking but the machine wasn't working, so I called up and was on the phone 20 odd minutes. I thought I had paid. until I received a letter from them stating it hadn't been paid. At the time I provided them the evidence and offered to pay the charge for the parking. They rejected my appeal and started the threatening process. I was advised poorly to ignore these which I did. They I receive a claim to the courts via money claim, I filed my defence explaining this but I don't this it was accepted. Now I have filled the DQ and sent it off.

2. The second one my car was causing issues and then broke down, I parked in their spot and waited for recovery but I had to wait in a nearby café as I my young daughter with me. When I got back to see the recovery man there was a ticket on the car. Again tried to appeal this and gave the details of the recovery person, they rejected it and then same as above filed a defence and now I have filled in the DQ.

Is it best to just pay these so I don't get 2 x ccjs on my file?

8
Private parking tickets / Re: Moorside Legal - Help needed pcn
« on: January 09, 2025, 06:42:03 pm »
Hi,

Thank you for the reply,

Unfortunately the linkyou provided did not work

9
Private parking tickets / Moorside Legal - Help needed pcn
« on: January 09, 2025, 06:28:33 pm »
Hi,

My third pcn where Moorside legal have sent this letter. Is it best to settle with them or is there anything I can do please?

I will really appreciate any advice given.

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