Author Topic: UKPC 'Free 3 hours parking' Misleading signage  (Read 1064 times)

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spotjos

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UKPC 'Free 3 hours parking' Misleading signage
« on: October 07, 2024, 08:11:16 pm »
A year a half years ago, my uncle passed away very suddenly, he was from Liverpool and lived with his sister but was also sleeping rough over winter in his car in the South West, he passed away due to a cardiac arrest whilst in intensive care being trated for pneumonia,
he was 58 years old and the year before had climbed Snowdon with his son.
It was my Daughters 18th Birthday on the day he died.

I was at the car park in question to pick up my aunt, from the Premier Inn, who was down from Liverpool to see her brother, my uncle, at the funeral parlour.

The first time I arrived at the car park, I got a 'Free parking for 3 Hours ticket' and was in the car park for a matter of minutes as my aunt was ready to go.

When we returned, I parked in the same car park, and got myself another 'Free Parking for 3 Hours' ticket.

We ate in the resteraunt that is also part of the site.

I Have since learned that The free 3 hours parking ticket is 'one per car per day'.

My defense to the court is that the signage is misleading. I have pointed out that the wording on the first sign you would read upon entering the site states 'A valid pay and display ticket must be clearly displayed at all times'. A symbol accompanies the wording on this first sign.

On every other sign that is in the car park, they are all laid out exactly the same, except for the wording in question states 'A valid pay and display ticket must be clearly displayed at all times. Maximum one free ticket per day'.

I have pointed out that by the very fact that this wording is different on the first sign, compared to the other signs is by the very definition misleading 'to lead into a mistaken act or belief'

I have a hearing that is in January 2025, but it is in the juristiction of the claimant, I was under the impression that the judge should hear this in a court close to the defendant?

I was sent a general form of judgement or order from the judge asking me to explain in detail why I felt it was misleading, it was then that I focused on the discrepancies in the wording of the signs and reiterated my defence, I have requested a hearing in person on this case, so am I right in to assume that is why it is still being given a hearing date, even though I have given my amended defense to the judge?

Will I also be able to get the court to change the venue to one that is closer to where I live, and not 3 hours away?

I hope this is enough information for you all to take in and comment accordsingly, I have tried to be concise as I can be, but please feel free to ask for more information and clarification, but in summary, I would like to know if it sounds like my defence will stand, and can I get the court venue changed?

Many thank in advance

J

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b789

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Re: UKPC 'Free 3 hours parking' Misleading signage
« Reply #1 on: October 07, 2024, 08:15:24 pm »
Before we can assist, can you please show us the claim form, the Particulars of Claim (PoC) are vital. Also, please show us exactly what you put in your defence.

In the meantime I will have a look at the points you have made.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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spotjos

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Re: UKPC 'Free 3 hours parking' Misleading signage
« Reply #2 on: October 07, 2024, 08:17:24 pm »
I've only just registered here, what is the beat way to upload documents? Thank you for your quick response.

b789

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Re: UKPC 'Free 3 hours parking' Misleading signage
« Reply #3 on: October 07, 2024, 08:23:16 pm »
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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b789

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Re: UKPC 'Free 3 hours parking' Misleading signage
« Reply #4 on: October 07, 2024, 08:37:01 pm »
First things first. To get the venue changed without paying an application fee, here’s what you should do:

Review Your N180 Directions Questionnaire (DQ): Start by checking the N180 form you submitted, particularly Section D, to confirm that you indicated your preferred court location. If you did specify a venue closer to you, this will help demonstrate that the current venue was assigned in error.

Contact the Court Directly: Write a formal letter or email to the court where your hearing is currently scheduled, explaining that the venue is unfair and inconvenient. You should refer to CPR 26.2A, which states that cases in the small claims track should usually be heard at your local court. Politely request that the court rectify this error without requiring you to submit a formal application.

Refer to the Civil Procedure Rules (CPR): In your letter, reference CPR 27.9(1)(b), which requires small claims track cases to be heard at the defendant's home court unless there are exceptional reasons otherwise. You can argue that no such exceptional circumstances exist in your case and that assigning the current venue is contrary to standard practice.

Cite the Overriding Objective: Point out CPR 1.1, which says that cases must be dealt with justly and at proportionate cost. Highlight that requiring you to travel three hours for the hearing is disproportionate and causes unnecessary hardship, going against this principle.

Request a Venue Change Without an Application Fee: Make it clear that you are not trying to delay the proceedings but simply want a fair hearing at your local court. Ask the court to change the venue administratively without requiring a formal application or fee, particularly if the venue was assigned incorrectly.

Request Judicial Discretion: You can also ask the judge to use their discretion under CPR 3.1(2)(m) (the court’s general case management powers) to change the venue without charging you a fee, as this would correct an administrative error.

By following these steps, you stand a good chance of getting the venue changed without having to submit a formal application or pay a fee, especially if the original request for venue was incorrectly processed.
Never argue with stupid people. They will drag you down to their level and then beat you with experience” - Mark Twain

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spotjos

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Re: UKPC 'Free 3 hours parking' Misleading signage
« Reply #5 on: October 07, 2024, 09:29:06 pm »
This is all great advice so far, and I apologise for not reading the site properly before I posted, I shall get on to uploading what I have in terms of all my evidence later this week. I did try to log back into my account on money claims online where I have originally responded to the claim but can no longer access it, does this sound correct? I have uploaded forms there that I shall need to rely on, but I recall filling out a paper questionnaire and I do remember stating a court close to me, so this will be an error I can ask to have corrected.