Help needed, I'm getting nervous!

Saltedge

Can anyone help please? I thought this might have gone away but it keeps coming back.

My wife got a £35 fine in a private car park in February for parking outside the marked area. She had to as the adjacent car had encroached into the space available for her and was only slightly over the line. She bought a ticket (which was still in time) but found a parking notice on the car when she returned (and the car next to her had gone).

We followed the forum advice and didn't "appeal" but did write in Feb/March to explain the circumstances. We gave no info other than what was needed to state the case. This letter has never been acknowledged.

The operator issued a reminder in July (presumably having traced her via DVLA) & requesting £60. Final warning was issued in September requesting £100. We ignored these.

Today we've received a County Court claim form for £100 + £25 court fee and have 14 days to respond.

I want to defend this and I'm encouraged that the parking firm has overlooked or ignored what we sent them months ago. I don't know whether they have any photographic evidence or not. If not, I don't see how they could prove their case. Any ideas how best to pursue this will be gratefully received!

Sirdan

Saltedge wrote: »

Can anyone help please? I thought this might have gone away but it keeps coming back.

My wife got a £35 fine in a private car park in February for parking outside the marked area. She had to as the adjacent car had encroached into the space available for her and was only slightly over the line. She bought a ticket (which was still in time) but found a parking notice on the car when she returned (and the car next to her had gone).

We followed the forum advice and didn't "appeal" but did write in Feb/March to explain the circumstances. We gave no info other than what was needed to state the case. This letter has never been acknowledged.

The operator issued a reminder in July (presumably having traced her via DVLA) & requesting £60. Final warning was issued in September requesting £100. We ignored these.

Today we've received a County Court claim form for £100 + £25 court fee and have 14 days to respond.

I want to defend this and I'm encouraged that the parking firm has overlooked or ignored what we sent them months ago. I don't know whether they have any photographic evidence or not. If not, I don't see how they could prove their case. Any ideas how best to pursue this will be gratefully received!

Who is the claim actually from ?

Check the form carefully is it stamped with the Northampton CC seal as it should be ..some companies send out "draft" i.e. fake claims to scare you .

SodG24

Firstly calm down - the court papers are probably fake. Do they have an official court seal on them ? If not them it's the Private Parking Company trying to scare you. If you're really worried then ring the court ( Northampton by chance ? ) and confirm one way or the other.

You were foolish to contact them ( they now think they have a gullible person to take money from ! ) but you should still ignore them.

Who is the PPC ? You should ALWAYS name and shame them - scammers deserve to be publicly "flogged" !

Saltedge

Yes it's Northampton. The papers look official - there's a stamp with Northampton (CCBC) County Court on it (and a crown), though it's not embossed in any way and looks like a slightly smudgy copy on close inspection. The "court telephone number" is an 0845 number that saynoto0870 identifies as both Money Claim Online and Northampton County Court.

What's going on here? Do all claims go to Northampton?

I may have been foolish to contact them but they would have contacted us anyway via DVLA. That's where they must have got our address from.

The PPC is Business Watch Guarding Ltd of Telford.

Sirdan

Saltedge wrote: »

Yes it's Northampton. The papers look official - there's a stamp with Northampton (CCBC) County Court on it (and a crown), though it's not embossed in any way and looks like a slightly smudgy copy on close inspection. The "court telephone number" is an 0845 number that saynoto0870 identifies as both Money Claim Online and Northampton County Court.

What's going on here? Do all claims go to Northampton?

I may have been foolish to contact them but they would have contacted us anyway via DVLA. That's where they must have got our address from.

The PPC is Business Watch Guarding Ltd of Telford.

Yes all Money Claim Online claims go via Northampton Count Court Bulk Clearing Centre.

Register here for excellent advice on how to defend this claim :-
http://forums.pepipoo.com/index.php?showforum=60

You have to respond and you can request the proceedings be at your local County Court . That said many of these firms back out when presented with a good defence prior to any Court hearings.

Do not panic they don't really have a case at all they are trying to intimidate you .

ManxRed

Acknowledge the claim and ask for 28 days to prepare a defence. Then register on PePiPoo and post this in the Private Parking Tickets forum.

You will be supplied with a cast iron defence to submit.

edward123

Saltedge wrote: »

The PPC is Business Watch Guarding Ltd of Telford.

Out of interest, does any one know if this PPC has ever gone to court?

ManxRed

I've never even heard of them although they are listed as a BPA member.

I'm sure they will fall at at least one of the massive hurdles that will be in the defence.

edward123

ManxRed wrote: »

I've never even heard of them although they are listed as a BPA member.

I'm sure they will fall at at least one of the massive hurdles that will be in the defence.

Going on the OP's posts/info there is not a hope in hell it will get to a court. They will back off. Just an empty deplorable threat to obtain money. Thats MHO any way.

ManxRed

Their website claims they are a bunch of SIA registered security guards, so basically they provide security guards and bouncers.

Unlikely to own a car park perhaps...

Certainly unlikely to know what a contractual penalty is.

Saltedge

They don't own the car park but operate it on behalf of the landowner, which owns a lot of land in the town. It's a main town centre car park.

I'm surprised they've taken it this far but I've reassured my wife throughout that all will be well! [She doesn't know about this latest contact yet!]