Going to Court for Private Parking ticket

hummy

While we were away on holiday i was issued with a default judgement for parking tickets for just over £1000. From the help i received from this board i managed to get the judgement set aside on the basis of me not having received any notifications, which i have not. Never knew about this until the judgement came through.

The company in question is called Observices Parking Consultancy.

So the court date is 19th August. The claim was issued through the northampton bulk processing centre. I have received the particulars of the claim which states the following:

"We are a private parking company who holds a contract with the owners of the land to issue parking tickets to drivers not abiding by the terms and conditions which are displayed onsite. On 5 occasions, Mr XXX, parked vehicle reg XXXX XXX in XXXXXXX without displaying a valid permit. The case was handed to a debt collections agency who also failed to obtain payment. The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from XX/XX/XXXX to XX/XX/XXXX of £XXX and also interest at the same rate up to the date of judegement or earlier payment at a daily rate of 0.05."

Now i do no even recall going to the location in question however, there is someone i know and did drive the car regularly, so i suspect it is him. I wanted to get suggestion from people on how to successfully defend this at court, and get the CCJ i have removed, becuase that has come out of the blue and causing me great difficulty at a time when i was looking to remortgage the property.

Look forward to your replies.

Thanks

sarahg1969

www.pepipoo.com is the place you need.

DaveF327

hummy wrote: »

On 5 occasions, Mr XXX, parked vehicle reg XXXX XXX in

Is Mr XXX you or this "other person"? If they're naming you, then there's your defence.

Now i do no even recall going to the location in question however, there is someone i know and did drive the car regularly, so i suspect it is him.

Is this "other person" willing to take the rap for this? If not, are you willing to name and shame him to the judge? The only way to avoid the CCJ is to prove to the court that you were not driving and are not liable for the tresspass damages. Can you provide old insurance documents proving that the other person was insured to drive the car? It all helps.

hummy

Well they just give my surname. so they don't actually say which one of us it is. From what i have read in the MSE article about private parking tickets i am not obliged to tell them who the driver is. But i guess that still leaves me to prove that i was not the driver.

Meepster

I might be missing something here, but if this does indeed go to court, surely it is THEIR responsibility to prove you were the driver? Not your responsibility to prove you weren't the driver? You need to be found guilty, you don't need to find someone else guilty...

Alx*27

'Guilty' is a bit strong. I'd use the term allegedly liable.