Private Parking Ticket - Court Proceedings issued, can I get help with my defence?

LindaandNicole

My vehicle was left unattended for about 3 minutes in a (derelict) pub car park (next to public recycling bins). When the vehicle returned to my house I found a 'private' PCN for £75 had been stuck on the windscreen. I have used those public recycling bins frequently and never seen any parking restrictions. I came online to this site, read and printed out the parking charge guides and then drove back myself immediately and looked for signs - there were new tiny little A4 signs at the (wide) entrance and at the back of the pub car park - really not visible at all; AND the vehicle was only there to use public recycling facilities AND only left unattended for 3 minutes. £75 seems really disproportionate. So, I followed the guide on this site, photographed the signs, (which have since changed) and ignored the letters hoping that the private company would not follow through with court action.
I have returned from a two week holiday today to find a County Court Claim form for £152. I intend to dispute the claim. I have to return the acknowledgement of service today in order to meet the response deadline; and need to prepare a defence within the coming two weeks. Lots of people on these threads say that few cases go to court but it appears mine is going to. Is anyone is a position to check a defence letter for me if I prepare a draft following the guidelines (listing the main arguments against tickets)? Thanks ever so. Grrr. (Linda)

kizkiz

They're taking you to court only 2 months after the offence?
interesting
You will get the best help posting on pepipoo btw

AlexisV

What are the exact particulars of claim?

Get the Acknowlegement off today.

funkycoldribena

Who's the PPC?

fb1969

Looking at the OP's previous posts I would think it is Aspect (https://forums.moneysavingexpert.com/discussion/3043980 post 28)

Not meaning to doubt the OP but I'm wondering if this is definately court proceedings, or just a letter from the dubiously named Court Proceedings Limited?

esmerobbo

Aspect are a self ticketing outfit, will be interesting to see who has issued the claim?

LindaandNicole

Hi - the claim is from Risk Consultants Ltd T/A Aspect Parking Solutions. The particulars are 'This is a money claim resulting from a breach of contract, or in the alternative damages resulting from trespass, following the unauthorised parking of the defendants motor vehicle'

LindaandNicole

and its definitely a Claim Form from Northampton County Court.

peter_the_piper

You can't sue them for both breach of contract or failing that damages for trespass. Its one or the other. Walk back and take pics of the signs and vicinity to recycling bins. (entrapment) pics of the entry bto the car park, reference any signs there. Post same thread on Pepipoo.com after registering. Include pics as above and copy of "court claim" Do not say anywhere who was driving. Do not answer any PM,s either on here or pepipoo unless they are from long established members (hundreds of posts )

Sirdan

Hard to see how 3 minutes parking could ever amount to a justifiable claim of losses / damages of £75 for a breach of contract or trespass.
Particularly on an unused piece of land.

it's a penalty which ever way they try to dress it up and therefore unenforceable.

Be interesting to see just how far this lot intend to push it ..be sure to let us know the outcome.

A decent defence should easily see this off.

Coupon-mad

Can't see a judge saying that everyone who uses those public recycling bins has to pay these scammers a stupid amount of money! :rotfl:

@LindaandNicole, please respond to AlexisV's questions and contact him by pm, as he is the one here who can help you with a defence. Do not respond to any pm from a poster without hundreds/thousands of posts on this forum, beware of newbies offering help!