private parking ticket help needed

pdiddy1

Hi Guys,

I have recieved a parking charge notice as I am a delivery driver and had to enter a block of flats with residents parking only, in order to deliver the large items. there were signs up saying residents only etc etc but as i was delivering I thought it would be ok as it was I was only there 20 mins. a few days later i got a pcn from the private company demanding payment.
I subsequently discovered that the resident shouldve keyed in my registration details to override the system but didnt , there are no signs advising of this otherwise i wouldve said to the resident at the time about it . I feel that there are mitigating circumstance re this . I have ignorantly admitted in writing to being the driver as i panicked when first getting the letter and before discovering this site.:mad:
I have sent a second letter explaining the mitigating circumstances re the override etc the private company has responded but not addressed the specific issue of the override system . it is now saying that they will take me to the county court if I dont pay and that will incurr extra costs etc.

Is that the same as small claims court ?

shall i pay or do i stand a chance of getting this cancelled at court

what happens if it goes to court what is the impact against me ?

any advice greatly appreciated
thanks :cool:

BFG_2

pdiddy1 wrote: »

Hi Guys,

Is that the same as small claims court ?

shall i pay or do i stand a chance of getting this cancelled at court

what happens if it goes to court what is the impact against me ?

Yes small claims isn't actually a 'court' as such, but rather a 'track' within the County Court [less than £5k at stake]. No solicitors involved, and it's very informal [cf county court]

If it goes to court, and you lose, you'll have to pay the charge and the court cost [which should be no more than £30].

They'll have to pay someone to turn up at court etc - all for £60-ish??

Where are they based? I ask because you have the right for the case to be heard in YOUR local court - so they have to engage a local solicitor to represent them or get someone to travel - more costs [NONE of which you can be liable for]

If you are found against, and pay within [iirc] 30 days there is no affect on your credit rating/record etc.

In all, you have very little to lose by fighting it.

And above all, check here in future..................lol

pdiddy1

thanks for that , private company is in liverpool, parking site was in essex, and im in essex.!!

peter_the_piper

And the chance of it actually going to court, as opposed to threatening it, is obviously extremely small. If you ever receive what purports to be court papers, check with the court stated and more often than not its ficticous.

pdiddy1

I assume now that i dont reply to the company and just wait and see what happens

oldone_2

pdiddy1 wrote: »

I assume now that i dont reply to the company and just wait and see what happens

Correct. If you need reassuring post on here all the increasingly aggressive letters you will get so that we can confirm that this is their normal business model, which will usually end up with them going away with out any cost to yourself.

pdiddy1

will do, thanks guys for all your help

headpin

pdiddy1 wrote: »

I assume now that i dont reply to the company and just wait and see what happens

As said, that's correct. BUT DO NOT IGNORE any Court Summons should they ever issue one. If you do receive a summoms then post here for advice ASAP.