Please help court claim for parking ticket

Koryngs

Hi,

I am hoping someone can help me:

I received a PCN for parking outside my house when I was moving out, there was only underground parking but I needed to put many items in my car.

I ignored the notice to owner and final demand.

The PCN was issued 6.9.13 the final demand was sent some time in October.

I received a letter before action from Gladstones Solicitors on 28/04/14 giving me 14 days to pay or 'provide a satisfactory response'

I replied asking for photographic evidence and proof of the two letters being sent and also explained a pcn could not have been issued on that date as I had moved out. I asked for the right to appeal or pay the original lower amount.

They responded on 09/05/14 with photographic evidence of my car parked, dates letters sent but no proof of postage and said I must pay £130 to stop claim being made (I was not given a time to do this by.) Also the ticket was from 02.09.13 but issues on 06.09.13

I wasn't sure what to do but, subsequently paid the £130 on the 24/05/14. Later that day I received court papers dated 21/05/14 costs, interest and solicitors fees have now been added for a further £100.

Is there any way I can contest this, I can not afford to have a CCJ as I have just recently got a new job which is requiring a credit check.

What would be the best thing to do in this situation? Could I say I was not the driver at the time?

Any help would be much appreciated.

Koryn

Redx

POFA 2012 makes the keeper liable so saying you werent the driver isnt really relevant , even if it were true

if you have court papers its important you defend yourself , otherwise a default judgement will ensue

if there was a judgment made against you then there will be a figure set by the judge that you must pay, with a deadline

only if you didnt pay this judgment is when a CCJ will happen

so its not an automatic CCJ even if you lose, its if you did not pay after losing

so if you pay up , no CCJ

if you have received court papers , these will be from either northampton or salford

Coupon-mad

Later that day I received court papers dated 21/05/14

Well you will have to acknowledge those court papers and say you will defend because the charge is already paid in full following the letter before claim and before the court papers were served. Meanwhile send a letter immediately to Gladstones pointing out that the money has already been paid, BEFORE the court papers were served.

How did you make payment yesterday? Cheque?!! Are you sure you didn't pay just because you were scared when you go those court papers (let's be honest).

You need to understand that the court claim WILL NOT STOP even though you paid it IN PART - and you must also prepare a defence if Gladstones do not reply within a couple of weeks. Otherwise you will end up with a default judgment against you if you don't defend. Read the NEWBIES thread post #5 about small claims defences. You shouldn't have rushed to try to pay 'just' £130, that was not the right thing when you got court papers because clearly £130 neither settled the full amount, nor did it involve any thought process about defending the claim (which is what we would have recommended and where you find yourself now anyway).

Which PPC?

How did you pay?

If by cheque, did you write 'this is full and final settlement' on the cheque, and have you posted it yet? DO NOT stop the cheque by the way.

Koryngs

After getting my new job I just thought it wasn't worth the risk so payed.

I payed Saturday morning by debit card to their payment line and got a reference as receipt.

The claim papers were sent to my parents address (where my car is registered) they told me about them later that day.

The PPC is District Enforcement - now that I paid £130 I can't see on what grounds I can make a defence as this is admitting liability?

Coupon-mad

I received a PCN for parking outside my house when I was moving out, there was only underground parking but I needed to put many items in my car.

I ignored the notice to owner and final demand.

The PCN was issued 6.9.13 the final demand was sent some time in October.


The PPC is District Enforcement

District Enforcement - oh dear. Mistake to ignore them - we have NOT advised to ignore a fake PCN for well over a year now - and certainly NOT from a notorious firm like DE. Oh dear, you should have come here earlier.

I would contact Gladstones - not by phone - on Tuesday and state in writing that you've paid £130 first thing Saturday and then received the court papers afterwards at your parent's address which was a big shock since you felt you were complying with the Letter before Claim which gave no deadline. Say that as far as you can see from the Practice Direction and county court information, interest won't be applicable as you had already settled the matter and the solicitor's involvement has been a couple of letters no court representation - so what is the outstanding court fee and solicitor's cost please? I would pay it.

Sorry, you should have come here earlier, this lot are hard to beat at the best of times.

Not only that, you will ALSO have to acknowledge the claim and state that it has been settled in full otherwise you may find a nasty surprise if DE don't cancel it.