Help! County Court Claim from Premier Park LTD

chili_pea

Help! County Court Claim from Premier Park LTD
Ok firstly thanks for reading my post. I'm hoping for sound advice on what to do next.

So on the 12/06/13 I parked my car around the back of my flat, off the road, and next to my back gate. Completely out of the way of traffic, emergency vehicles etc.
There is signs around the flats we live in that was only introduced a week before explaining parking charges will be given for vehicles not in a designated space.
Ok I agree it wasn't a lined space with a number on but it was the best place I can leave my car at 9pm at night when all the other spaces are being occupied.
We live on a new build where all the two bedroom flats only have one car space!
So at 6am in the morning I find a lovely notice from Premier Park LTD.
I research the company on the web and find most people ignore them and don't pay the fine so I did just that.
After a month or two they kept sending letters with photographic evidence etc so I appeal in writing to the company.
They turn me down. I used the excuse of no spaces left, car has been vandalised when left out on a busy road, my insurance won't cover the car if it's not where I declare overnight, and the fact my car was parked outside of my own back gate!
Next stage I'm getting letters from debt companies, I'm still ignoring.
On the 25/11/13 I've received a letter from Northampton County Court for £240.03 and I am petrified now so they've done a good job but I have no idea what to do from Here. Obviously paying the whole amount would be the last thing I want to do.
I don't mind offering a small amount to get it done and dusted but I'm £3k overdrawn with my accounts and owe £6k to a debt company.
Anyone's advice would be really appreciated.
Thanks

The_Slithy_Tove

When they turned down your appeal, did they say you were out of time, or give some other reason. More importantly, did they provide a POPLA code.

Their court claim is defeatable, but you will have to go through the right processes to avoid a default judgement against you. Did you ever get a Letter Before Claim?

Also, go to the management company of the flats, and be very, very forceable with them and demand that they get Premier to call this off (you will still need to keep to court deadlines - don't miss them).

Check your lease and find out what it says about parking.

spacey2012

What exactly have you received, lets press rewind and the stop button and start from there.
Describe this document as thoroughly as you can , type it out if you have to.
Help is at hand, but you have to slow down and answer questions.

Guys_Dad

The_Slithy_Tove wrote: »

When they turned down your appeal, did they say you were out of time, or give some other reason. More importantly, did they provide a POPLA code.

Their court claim is defeatable, but you will have to go through the right processes to avoid a default judgement against you. Did you ever get a Letter Before Claim?

Also, go to the management company of the flats, and be very, very forceable with them and demand that they get Premier to call this off (you will still need to keep to court deadlines - don't miss them).

Check your lease and find out what it says about parking.

I agree with this, but you should also check your lease to see what powers it grants the management company. If it effectively says they can do what they want to manage the property, then the fact that your lease does or does not mention parking companies is trumped by their powers granted.

The_Slithy_Tove

Guys_Dad wrote: »

I agree with this, but you should also check your lease to see what powers it grants the management company. If it effectively says they can do what they want to manage the property, then the fact that your lease does or does not mention parking companies is trumped by their powers granted.

Though probably not to the extent of imposing penalties on people :-)

Anyway, as stated, you need to start by checking if it's a genuine court claim. Some PPCs are known for sending out draft claim forms. To be genuine it has to have an official court stamp on it. You can check with the court to verify if it's genuine.

chili_pea

The_Slithy_Tove wrote: »

When they turned down your appeal, did they say you were out of time, or give some other reason. More importantly, did they provide a POPLA code.

Their court claim is defeatable, but you will have to go through the right processes to avoid a default judgement against you. Did you ever get a Letter Before Claim?

Also, go to the management company of the flats, and be very, very forceable with them and demand that they get Premier to call this off (you will still need to keep to court deadlines - don't miss them).

Check your lease and find out what it says about parking.

I've been a bit stupid and thrown away their reply to my appeal now but basically I think their reply was tough t*t* pay the fine.
They even managed to mess the dates up... on my original ticket that was left on my windscreen its issued on the 19/06/2013 then on the letters they've sent after and even the photographs with dates on says the 12/06/2013.
I tried to use that in my appeal as a way of getting out of it on top of other things but they said it doesnt matter as my car was still parked there irrelevant of the date.

I went to the management of the grounds and they had a terrible attitude. Very unhelpful so that option is out of window as well im afraid. I know other people that live in my cul de sac of flats have had it happen to them and are very un happy. It frustrates me as people still park around the back of my gate and get away with it! and one day one of the ticket issuers even knocked on our door and asked if our car was parked around the back as it was about to get a ticket unless we move it!!!!! Urggggh i hate premier park ltd

chili_pea

spacey2012 wrote: »

What exactly have you received, lets press rewind and the stop button and start from there.
Describe this document as thoroughly as you can , type it out if you have to.
Help is at hand, but you have to slow down and answer questions.

Okkk here goes...

I've received two forms. One is "The attached country court claim form has been issued to you as a defendant to the claim. PLease read these notes closely to avoid delays processing your documents.
If you appoint a solicitor to act on your behalf please pass these instructions to them."7

Below it gives three options on how to respond to the claim then the action I should take.
Next page is acknowledgement of service, fill out some boxes about my address etc. Tick a box that is appropriate:
1. I intend to defend all of this claim
2. I intend to defend part of this claim
3. I intend to contest jurisdiction

Next page is personal details I need to fill out, employment, bank account/savings, residence, Income, expenses, priority debts, court orders, credit debts, offer of payment, declaration.

Next page is "defence and counterclaim"
1. How much of the claim do you dispute?
2. Do you dispute this claim because you have already paid it?
3. Defence (empty box)
4. If you wish to make a claim against the claimant (a counter claim) To start your counterclaim you will have to pay a fee. Court staff can tell you how much you have to pay.
You may not be able to make a counterclaim where the claimant is the crown.
Is your claim for a specific sum of money, how much?
I enclose the counterclaim fee of....
My claim is for (empty box)
What are your reasons for making this claim? (empty box)
5. Signed (by myself or solicitor)
Next page are lots of notes for the defendant.

Then the next form is from Northampton County Court.
Stamped by them and Date of service (25/11/2013)

Claimants address.

Defendants address.

Brief details of claim:
"Unpaid breach of contract notice"

Value
"£150 plus interest and costs"

Preferred court for hearings:
"Exeter county court"

Defendants address...
Amount claimed: £155.03
Court fee: £35
Solicitors costs: £50
Total amount: £240.03

Next page Particulars of claim:
1. The claimants claim is for the sum of £150.03 being £150 for monies due to breach of contract by the defendant in respect of which a breach of contract notice has been issued by the claimant to the defendant (as referred to below) and the sum of £5.03 of interest.

2. On 12/06/2013 at 18:16 the defendants vehicle was parked at XXXXXXX Garage, which is private land the claimant manages. The vehicles registration is XXXXX. The vehicle is a Blue XXX and vehicle is registered to the defendant. The defendant entered into a contract with the claimant when thy entered the premises and parked their vehicle on the land the claimant manages.

3. A breach of contract notice numbered PPLXXXXXX was issued by the claimant to the defendant on 12/06/2013 in respect of the vehicle in breach of the following terms and conditions:
Condition 10, Parking in no parking area.
The terms and conditions are prominently displayed on the claimants premises.

4. The claimants solicitors sent letters before action to the defendant before proceedings were issued to attempt to recover the outstanding amount.

5. Further the claimant claims interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum from the date of the breach herein namely the sum of £5.03 and counting interest at a daily rate of £0.03 pence per day until judgement or sooner payment.

Invoice details
Invoice N.o Date Due Date Amount

Statement of truth
signed by claimants solicitor.
Solicitors Address.

longtimelurkersam

Sorry that I haven't got anything to add as I am not an expert, just posting so I can make sure I watch how it goes for you as Premier Park are not normally the court type so this appears to be a change in direction. My initial thought was whether it wasn't a real claim but you say it has a seal on it and therefore presumably I think you can log on using the reference number?

Coupon-mad

You need to read all the other court claim threads on here and on pepipoo, and these info threads for starters:

Advice: Small Claims & PPCs

List of PPC Court Cases (non-exhaustive)

Here's pepipoo, start reading ANY small claims thread as the advice about defending is similar and you will find examples of solid defence wording on lots of threads here:

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

Go back at least ten pages on there, clicking ANY thread with the words 'Northampton' or 'small claims' or 'MCOL' about any PPC, and read the advice already out there.

chili_pea

longtimelurkersam wrote: »

Sorry that I haven't got anything to add as I am not an expert, just posting so I can make sure I watch how it goes for you as Premier Park are not normally the court type so this appears to be a change in direction. My initial thought was whether it wasn't a real claim but you say it has a seal on it and therefore presumably I think you can log on using the reference number?

I'm sorry to be dumb but log on to what with my reference number?

Coupon-mad

MCOL if it was a 'moneyclaim online' letter.