Court action threatened

andyroberts1967

Coupon-Mad, sorry, I've just seen your last post. That's why I was confused in the other place lol. I've emailed Fredd like you said, let's see what happens, hopefully he will amend for me.
Thanks
Andy

kittiej

It's not just a defence about what happened on the day...you must challenge the whole nature of the claim, PE's lack of status, unreliable evidence (no parking evidence at all), their particulars of claim, all of it.

I agree, the 'whatever happened on the day' things would go in your witness statement to the court which needs submitting at least 7 days prior to the hearing date when you get one.

dartboardmoustache

Hi, Is this statement still accurate? It would completely solve an issue we have. thank you

"if its a free car park with an unfair contract term such as " you agree/are contractulay obliged to pay £100 if you stay longer than 2 hours" you owe them nothing as this is a penalty, and private companies can not levy penalties or fines, they can only sue you for any genuine losses caused by your overstay/parking.
If this car park is free that loss is zero, if its a pay and display and costs £1.20 for one hour, £1.75 for two hours and you stayed over by one hour you will owwe them that rate ( ie their loss )"

Coupon-mad

dartboardmoustache wrote: »

Hi, Is this statement still accurate? It would completely solve an issue we have. thank you

"if its a free car park with an unfair contract term such as " you agree/are contractulay obliged to pay £100 if you stay longer than 2 hours" you owe them nothing as this is a penalty, and private companies can not levy penalties or fines, they can only sue you for any genuine losses caused by your overstay/parking.
If this car park is free that loss is zero, if its a pay and display and costs £1.20 for one hour, £1.75 for two hours and you stayed over by one hour you will owwe them that rate ( ie their loss )"

Yes it is true but anything is debateable and open to interpretation. No statement on its own will 'completely solve' what you are seeing as a problem with a fake parking ticket.

Either:

- you have just got a PCN in which case please start your own thread; in England/Wales you can appeal it and win at POPLA - but you need more than that statement!

- or you got a fake PCn a while back and are getting debt collector letters in which case IGNOERE THEM, DO NOT RESPOND, THERE IS NO APPEAL NOW.

- or you've got a ver rare Court claim in which case post on pepipoo for help:

http://forums.pepipoo.com/index.php?showforum=60

Please only post on pepipoo if it's the latter. Anything else just read the current forum and you will learn about POPLA appeals...