parking charge notice - co-op

SEAN1151

Hello everyone, My wife has recieved a summons for overstaying in a co-op carpark. What can she use as a defense? The trespass law and the amount of £100 being a disproportionate penalty seem`s to be the argument to use. Could someone advise please? Perhaps a template letter which we could send to court?

Many thanks

Stroma

A few things, you need to acknowledge the claim, say you will defend in full and ask for 28 days to formulate your defence. Can you tell us if this ticket is from pre October 2012? It's likely it's Civil Enforcement? Have you made complaints to the coop head office or CEO yet?

Thanks

Redx

read the other CO-OP threads on here regarding the same matter and also on parking pranksters blogs too

co-op should pay this if its CEL as above mentioned, but do not ignore the court claim until its been settled , speed being of the essence here

bazster

Once you've acknowledged the claim get yourself over to PePiPoo and post there:

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

The folks over there have a standard defence for CEL claims.

However, if you complain to the Co-Op CEO it shouldn't get as far as court, the Co-Op is rather stupidly paying CEL on behalf of victims such as yourself (which only encourages CEL to send out more of these, but that's not your problem).

Stroma

Rereading your first post, this is county court claim, and not a final demand or a threat to go to court? Please confirm this

Coupon-mad

SEAN1151 wrote: »

Hello everyone, My wife has recieved a summons for overstaying in a co-op carpark. What can she use as a defense? The trespass law and the amount of £100 being a disproportionate penalty seem`s to be the argument to use. Could someone advise please? Perhaps a template letter which we could send to court?

Many thanks

You do realise that as well as defending it you must contact the Co-op?

http://parking-prankster.blogspot.co.uk/2014/03/have-you-received-court-claim-from.html

I would hope your internet searches so far would have discovered that the Co-op are paying these off. But just in case, read the NEWBIES thread at the top of the forum, the post about small claims and how to defend. It is not 'trespass law' at all, it's matter of fact that they don't own the car park and the charge doesn't relate to any loss, and is unsupported by the Co-op as principal (but please, read the NEWBIES top thread, that's what it is there for and it's NOT just about appealing new PCNs).