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

Coblcris

LindaandNicole wrote: »

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'

Does the claim seek alternative remedies ?
The remedy for each will differ.

A claim should comprise of just three things:-
A plain statement of facts
The consequent damages
The remedy sought for the damages.

It seems to me that this company not only wants to have its cake and eat it but that it may have rather shot itself in the foot.
How can unauthorised parking be contractual ?
If trespass then the damages, which will be minimal, are due to the landowner or occupier.
The PPC needs the right of action to have standing to bring a case for trespass - I doubt this is the case, the answer lies in the contract between the PPC and the landowner/occupier.
If the PPC pursues these actions as service to the landowner/occupier and is allowed to keep fees etc then it it is liable to pay VAT. Is it paying VAT on fees ?

I amend my previous comment, the PPC appears to have blown both of its feet clean off.

AlexisV

If it's a derelict pub there is unlikely to even be a contract between the landowner and this outfit.

peter_the_piper

The situating of recycling bins there authorises the driver to park there(by implication) so where they get unauthorised parking from is anyones guess. I bet that some poor souls have coughed up and that they are the least used bins in the town.

esmerobbo

I would take a few screen shots of their website, it clearly states that "fines" are issued!

http://www.aspectparkingsolutions.com/#/how-it-works/4543329212

"APS is a member of the BPA and is an Approved Operator of the DVLA. We will ensure payment of the fine from the driver and you will receive a compensation cheque of £10 within 24 hours of the fine being paid."

bromsgrovebarry

And what do the Guild of Scammers (BPA) have to say about one of their errant members?

Coblcris

AlexisV wrote: »

If it's a derelict pub there is unlikely to even be a contract between the landowner and this outfit.

That does not necessarily follow.

In any event, rights, to offer parking and or sue for trespass, is still a key issue in my opinion.
I see that the Data Protection Register lists the following purpose:-
"The provision of legal services, including advising and acting on behalf of clients."

So we may assume that they do employ qualified personnel.
It would interesting to know who signed the Court Claim on their behalf.

I would not be unduly concerned if they have qualified personnel registered with the SRA as the claim as it stands seems rather confused to say the least.

peter_the_piper

esmerobbo wrote: »

I would take a few screen shots of their website, it clearly states that "fines" are issued!

http://www.aspectparkingsolutions.com/#/how-it-works/4543329212

"APS is a member of the BPA and is an Approved Operator of the DVLA. We will ensure payment of the fine from the driver and you will receive a compensation cheque of £10 within 24 hours of the fine being paid."

How will they get the name of the driver?

Coblcris

Indeed. Just one of the many hurdles and in this case the driver was not the Registered Keeper.
May I refer to the last paragraph of my preceding post.

The interesting thing is why has this PPC decided to issue a claim in this case (irrespective of the merit or lack of merit of the claim itself).

Both the why and the how as it were.

Kite2010

Maybe as soon as you file a defence they will quietly drop the case.

I would love to see this in court:
"Judge - So Mr PPC, where do you get the figure £152 from?
PPC - I made it up
Judge - So it bears no relation to actual damages incurred by the landowners of this derelict pub?
PPC - Its a breach of the contract your honour
Judge - Please answer my question
PPC - You're right, it's bears no relation to the actual damages
Judge - Case dismissed, PPC you are ordered to pay £200 in cost"

peter_the_piper

PPC- But what about the trespass, I must get some money for that.
Judge - Right, 1p.