Hi Everyone,
I would really appreciate if I could receive some help on someone else's behalf.
The individual received a claim form from the county court on 12 Feb (stamped 10 Feb). The claimant in this case is Horizon Parking Limited and are being represented by Gladstones Solicitors Limited.
The Particular of claims are as follows:
The driver of motor vehicle registration XXXX parked in breach of the prominently displayed terms and conditions of parking set out on the signage at Provident Square Chelmsford on 21/12/2024. The signage constituted an offer of a unilateral contract, accepted by the act of parking, under which the driver agreed to pay the specified parking charge (the PCN) in the event of breach. The PCN remains unpaid after 28 days and the defendant, as driver and/or registered keeper, is liable for the outstanding sum. Despite demands, the Defendant has failed to make payment. The claimant therefore claims £90 for the PCN, £70 contractual costs pursuant to the Contract and PCN terms and conditions together with statutory interest of £13.41 pursuant to s69 of the County Courts Act 1984 at 8% per annum, accruing at £0.04 per day until judgement or earlier payment.
To provide some facts the car was parked at Provident Square Chelmsford on 21/12/2024 as stated in the particulars of claim, but do not believe that there was any breach of contractual terms. A purchase was made at a supermarket which issues vouchers that allow customers to park there for one hour. Unfortunately the individual does not have the voucher anymore but is able to provide proof of making a purchase from the shop via their bank statement. It is uncertain whether something was wrong with the voucher or if the machine did not register the voucher for some reason or if the driver on this occasion forgot to put the voucher through the machine.
The car in question is also a company car and and the company only has two employees and it is the company that is being sued.
The individual does not remember receiving any pre-action protocol letters but I am not sure if that is material. Is it possible to ask Gladstones to send the pre-action protocol letter and also any notices via email to the defendant now?
In terms of timelines I know that this is limited but from my memory I believe that a Acknowledgment of Service can extend the deadline but I am not sure how this is actually submitted online.
To note I am happy for legalise to be used as part of any explanation.