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  • FIRST POST
    • Harulth
    • By Harulth 30th Nov 17, 5:52 PM
    • 2Posts
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    Harulth
    Help Please - county court i need to respond soon
    • #1
    • 30th Nov 17, 5:52 PM
    Help Please - county court i need to respond soon 30th Nov 17 at 5:52 PM
    Hi All

    The driver was going to pay in response to the county court summons but a friend told him to check here. However he needs to decide what to do next before Monday I think. Had a quick look through the Newbie bit but theres loads of info and he is feeling a bit stressed by the short timescale.

    In a nutshell he parked in a space adjacent a local Shell petrol station forecourt which is next to a fast food store. he got his food and left without realising there were signs saying do not park etc.

    he got the solicitors letters and was advised by friends to juts ignore, which he did until the CC thing came through.
    he simply does not know if he should just pay up or fight the charge as there are signs there, he just didn't notice them as he was chatting with the wife etc.

    any advice?
    Last edited by Harulth; 04-12-2017 at 9:33 PM.
Page 1
    • Redx
    • By Redx 30th Nov 17, 6:11 PM
    • 16,895 Posts
    • 20,996 Thanks
    Redx
    • #2
    • 30th Nov 17, 6:11 PM
    • #2
    • 30th Nov 17, 6:11 PM
    there is no "summons" , it is not a criminal case

    what you have is an MCOL (google it) from Northampton

    you should edit the above post and remove any hint of who was driving

    from now on , THE DRIVER drove on the day

    THE KEEPER has received the postal letters and MCOL

    its your choice if you wish to fight this or not

    post #2 of the NEWBIES FAQ sticky thread will help you with good advice

    if you choose to fight it , draft your defence and post it on here for critique

    and make sure you dont miss the court deadlines or else the PPC will get a judgment in default
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
    • IamEmanresu
    • By IamEmanresu 1st Dec 17, 6:09 AM
    • 1,812 Posts
    • 3,201 Thanks
    IamEmanresu
    • #3
    • 1st Dec 17, 6:09 AM
    • #3
    • 1st Dec 17, 6:09 AM
    Does the Notice to Keeper or Formal Demand "warn" that the Keeper may be liable or is it simply stating that the driver is liable?

    Which parking company?
    Life's for living, get on with it rather than worrying about these. If they hassle, counter claim.

    Send them that costs schedule though, 24 hours before the hearing, and file it with the court. Take with you evidence that you have sent the costs schedule to them and when.
    LoC
    • Harulth
    • By Harulth 4th Dec 17, 9:49 PM
    • 2 Posts
    • 0 Thanks
    Harulth
    • #4
    • 4th Dec 17, 9:49 PM
    • #4
    • 4th Dec 17, 9:49 PM
    The parking company is ES parking Enforcement.

    The driver of the car was not the owner and the owner is a bit worried that if they challenge this then she will have to travel to Northampton and attend court in person. Would this be the case or can the driver attend - or does anyone need to attend?

    Am not sure what the notice to keeper isor formal demand?

    All they have is a thing titled 'claim form' fromthe county court business centre and a claim number.

    The particulars of claim states that

    'the driver of the vehicle reg xxxxxx incurred the parking charges on (date) for breaching the terms of parking on the land at (location).
    The defendant was driving the vehicle and/or is the keeper of the vehicle.
    AND THE CLIMANT CLAIMS £160 fpr parking charges/damages and indemnity costs if applicable, together withinterest of £21.20 pusuent to S69 of the county courts act 1984 at 8% pa. continuing to judgement at£0.04 per day.

    The total bill comes in at £256.20!!

    In order to challenge this, does the driver need the defence now or after disputing the claim? If now then they will struggle to put up a proper defence with just tomorrow to do it.

    any info much appreciated
    • Lamilad
    • By Lamilad 4th Dec 17, 9:56 PM
    • 1,196 Posts
    • 2,369 Thanks
    Lamilad
    • #5
    • 4th Dec 17, 9:56 PM
    • #5
    • 4th Dec 17, 9:56 PM
    All they have is a thing titled 'claim form' fromthe county court business centre and a claim number.
    So are you saying that prior to the court claim the defendant has not received a parking charge notice or notice to keeper? Or any debt collection letters?

    In order to challenge this, does the driver need the defence now or after disputing the claim?
    The answer to this, and all the questions you haven't asked yet but are going to, are in the newbies thread which you have already been advised to read.

    You need to acknowledge the claim pronto
    • Redx
    • By Redx 4th Dec 17, 9:58 PM
    • 16,895 Posts
    • 20,996 Thanks
    Redx
    • #6
    • 4th Dec 17, 9:58 PM
    • #6
    • 4th Dec 17, 9:58 PM
    nobody will be travelling to Northampton , its a government processing office, not a court

    the BC means Business Centre , staffed by admin staff only

    your local county court will be the allocated court

    if you go for the personal hearing , the person named on the MCOL needs to attend , as they are the person being sued (which may not be the driver in your case)

    normally the KEEPER is the one being sued (who might also be the owner)

    sometimes the owner , keeper and driver are one and the same person, other times, they are 3 different entities

    a Notice To Keeper is the first postal notice , sent to the keeper by post, from the parking company , some 1 to 8 weeks after the incident

    the person named on the MCOL must do the defence

    read the NEWBIES FAQ sticky thread post #2

    also read the BARGEPOLE link where he gives the timeline and basic breakdown of the court process
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
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