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#Post#: 12716--------------------------------------------------
G24 Loughborough gooutdoors
DIR By: Ouchio
Date: December 20, 2023, 8:56 am
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Hi all,
Now this has been taken over by a debt collector can I still
fight this and win in court? I have received a letter of claim,
which sounds very similar to other wording in other posts here
requiring a response.
I received a contractual parking charge notice after my car
overstayed the allotted time. The driver wasn't aware of any
parking restrictions until I received the notice. The signage
was very poor, one obscured notice on the way in, and maybe 6
signs in the carpark, but you have to drive or walk to them to
find them.
Arial view
My car entered via the only entrance, drove through the disable
parking bay and parked as shown on image Parking charge Photos.
The driver donned ppe and walked directly through the fenced
pedestrian entrance and into Gooutdoors. In doing so my car
drove past the sign on the gate obscured by the tree and another
sign attached to the fence halfway between the carpark entrance
and the pedestrian entrance at which point the driver was
searching the carpark for a parking space and avoiding other
vehicles and pedestrians. It was very difficult to see the signs
unless you already knew they were there.
When I received the notice I tried to phone Gooutdoors it is
difficult, eventually I spoke to the assistant manager,
allegedly. She said there was nothing Gooutdoors could do as it
was a private external firm managing the carpark and I should
contact them.
I chose not to and ignored all letters from G24, eventually
after about 12 months they appeared to have given up. I have
recently (almost a 9 months later) received a letter from
bwlegal threatening court action.
My question is: now this has been taken over by a debt collector
can I still fight this and win in court, or am I stuffed.
If it is likely I can succeed, I can supply further photos and
any documentation required. I tried and failed to add pictures
for the introduction, still trying!!
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#Post#: 12727--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: DWMB2
Date: December 20, 2023, 12:45 pm
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--- Quote from: Ouchio link ---
>
> If it is likely I can succeed, I can supply further photos and
any documentation required.
>
--- End Quote ---
We'll need to see said photos and documentation to be able to
offer any advice on whether or not you can succeed. As a
starting point, we'll need:
- A copy of the original Parking Charge Notice you received.
Show us all pages, redact personal information but leave on all
dates and times
- Photos of the signage at the site - a range of photos would be
helpful here. Some showing the layout and visibility of the
signage around the site, and some close up so that we can see
the terms and conditions.
The fact that you have not responded to any correspondence so
far is not fatal to any defence, but of course puts you on the
back foot. The parking company will say they have been left with
no choice but to go to court.
#Post#: 12775--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: d612
Date: December 21, 2023, 1:54 pm
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--- Quote from: Ouchio link ---
>
> ..... and maybe 6 signs in the carpark, but you have to drive
or walk to them to find them.
>
--- End Quote ---
ROTFL
That's the funniest excuse I've heard - that you actually have
to "walk", (shock horror) to go up and read the parking signs.
I suppose you want a sign at each and every parking space!
Anyway:
Here is the entrance to it as at 2022
The entrance sign seems quite visible to me, and says you need
to read the T&C's sign in the carpark for the rules
HTML https://maps.app.goo.gl/JjauKPKFfp9nKijs9
The various parking T&C signs round the carpark are too far away
to be read on Street view unfortunately.
Directly overhead carpark for you all to see
HTML https://www.google.com/maps/@52.7846293,-1.2276885,140m/data=!3m1!1e3!5m2!1e1!1e4?entry=ttu
#Post#: 12779--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: DWMB2
Date: December 21, 2023, 4:06 pm
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People come here to seek advice, not mockery. If you're going to
attempt the former, please do so without resorting to the
latter.
#Post#: 13011--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: Ouchio
Date: December 28, 2023, 8:02 am
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DWMB2, thanks for the reponse, I went back and took some more
photos, I have highlighted the signage and shown where I was
parked behind the disabled parking. More pictures in my next
post.
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#Post#: 13012--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: Ouchio
Date: December 28, 2023, 8:10 am
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A few more photos. I threw in another entrance photo, even with
no leaves it is difficult to spot the first sign on approach.
[attachment deleted by admin]
#Post#: 13014--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: H C Andersen
Date: December 28, 2023, 9:25 am
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I have received a letter of claim, which sounds very similar to
other wording in other posts here requiring a response.
A copy of the original Parking Charge Notice you received. Show
us all pages, redact personal information but leave on all dates
and times
IMO, not a hope in hell of winning in court on signs. Why?
You're not admitting to being the driver, therefore you have no
first-hand knowledge on the day. In any event the signs are
there to be and can be seen.
So forget this line, it's distracting you from the key process
issue:
I have received a letter of claim, which sounds very similar to
other wording in other posts here requiring a response.
Post this, leave in all dates/times, just delete personal info
and the reference number. You have to take action e.g.
acknowledge service etc. Also, post the original PCN.
So pl get to grip with this and leave signs at least for now -
we could return if the LoC asserts a breach which is not a
condition in the signs.
#Post#: 13015--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: DWMB2
Date: December 28, 2023, 9:48 am
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--- Quote from: H C Andersen link ---
>
> IMO, not a hope in hell of winning in court on signs. Why?
You're not admitting to being the driver, therefore you have no
first-hand knowledge on the day. In any event the signs are
there to be and can be seen.
>
--- End Quote ---
I think the second reason (in bold) is more accurate than the
first. A keeper could, if he had good evidence, argue that he
has no liability on the basis that there was no contract formed
with the driver due to poor signage, and therefore no charge due
that could be recovered from the keeper.
But as you note signage looks like a difficult argument to
raise, as even if the entrance sign was missed, there does seem
to be a decent amount of other signage.
--- Quote from: H C Andersen link ---
>
> Also, post the original PCN
--- End Quote ---
They already have.
#Post#: 13059--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: Ouchio
Date: December 29, 2023, 11:32 am
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I do have other letters from G24 including a final demand, Trace
Debt Recovery then sent 4 letters. Then Debt Recovery Plus
contacted me and finally bwLegal sent the Letter of Claim, I
suspect there may be nothing useful in any of these letters?
From what you say it appears I may have no defence.
What is your advice please.
#Post#: 13252--------------------------------------------------
Re: G24 Loughborough gooutdoors
DIR By: Ouchio
Date: January 3, 2024, 8:16 am
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Post this, leave in all dates/times, just delete personal info
and the reference number. You have to take action e.g.
acknowledge service etc. Also, post the original PCN.
Sorry HC I completely missed this statement, see attached Letter
of Claim. There is an annex (information sheet) and a reply
from, do you require these too?
I believe from the comments so far I will have to pay this.
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