Going to Court

Colincbayley

I received a sticker invoice on my windscreen about 2 years ago, I was parked in a pub car park, the signs said parking for patrons only. I parked, went to the cash point, came back to the bar, ordered lunch for myself and 3 others.
I was off the premises for 5 mins only, then waiting at the bar to be seated for another 25mins.


During this time, the landlord of the pub slapped an invoice on my windscreen. I noticed this about 90 mins later, approached him and said that I have been in his pub all this time. He said he saw me park and leave the premises. Told him about cash point and waiting as above, he couldn't care less.


Going forward, I have ignored all letters received from the parking company up until now.
They have 'Sold' the so called debt onto MIL, and today I have received a court summons via bulk centre in Northampton.


The parking signs clearly stated that patrons only to park, I spent £60 on lunch and was using their premises.


I have very little evidence of all this, other than the people I was having lunch with.


What do I do? other than just put the above on the defence form.


Thanks in advance for any advice.

Northlakes

I suggest you post this on Pepipoo as well as there are some threads on this and how to tackle them.

Initially acknowledge the claim. Purchase the Pranksters guide from Amazon for defending the claim.

Expert advice is needed on this as there are many complications and hurdles for MIL to climb over before they can justify a claim.

ManxRed

The MIL cases I've seen on Pepipoo so far have more holes than a seive.

Witness statements from your friends will be sufficient to prove you were in the pub. There are many other lines of attack on these though.

Who was the original Parking Company?
Did the parking company (not MIL) ever write to you stating that they had assigned 100% of the debt to MIL?

This will unravel quickly if you can provide more information. Do you still have the original paperwork from the parking company?

Colincbayley

Thanks for the replies guys.


I would normally keep all paper work, letters and the original ticket, but I tore the ticket up in front of the landlord at the time.


I don't mind going to court, the cost of the ticket or the fees really isn't an issue, I just really don't like this lot!


I will return the defence form online now just stating the facts as above, should I get the witness statements now or await to here back from the court first!

Northlakes

I understand you have 28 days to file a defence. Courts can be a lottery so it's important to get your case watertight.
Witness statements are essential in this case.
Don't forget to make a note of your time spent as you will be claiming costs at £18 per hour.

ManxRed

Did you keep the letters?

Does the pub have a Tripadvisor page? (possibly one for later, let's concentrate on this first).

Go to Pepipoo and search for MIL on the Private Parking Tickets forum. Much information there.

Colincbayley

Northlakes wrote: »

I understand you have 28 days to file a defence. Courts can be a lottery so it's important to get your case watertight.
Witness statements are essential in this case.
Don't forget to make a note of your time spent as you will be claiming costs at £18 per hour.

The court papers say 14 days to file. Im not worried about claiming costs, just defending the case itself which is unfair.


At what point would I provide the court with Withness statements?

ManxRed

Get your witness statements together:

http://www.aboutsmallclaims.co.uk/witness-statement-example.html

Colincbayley

ManxRed wrote: »

Did you keep the letters?

Does the pub have a Tripadvisor page? (possibly one for later, let's concentrate on this first).

Go to Pepipoo and search for MIL on the Private Parking Tickets forum. Much information there.

Didn't keep the letters, no. Wish I did.


Not worried about tripadvisor, that's not important to me.


I had a search on Pepipoo, and all I can see is cases and advice for how MIL cant take on the cases. I was thinking that just a standard argument of ' you say I didn't have permission V I did have permission' would be better!

I do recall that the original ticket stated that I didn't display a permit, but the parking signs at the time said Patrons only or fine of £60 !

ManxRed

No.

You must refute everything they allege in the particulars of claim or else the assumption is that you've accepted it. What do the particulars of claim say?

Who is the parking company (it'll be in MIL's letter)?
Did you ever receive a notice of assignment from the parking company?

You must attack EVERYTHING.

Redx

Colincbayley wrote: »

I do recall that the original ticket stated that I didn't display a permit, but the parking signs at the time said Patrons only or fine of £60 !

a lot of stuff is done OFF FORUM so the opposition dont get information or tactics from it

I doubt the sign said FINE, but if it did then it would be great if you have a picture of it , seeing as legally they cannot FINE you

I suspect it said something else, so due to this being court you need to use the proper terminology in your defence , so only use that detail if its 100% correct, not slang that you have made up

the devil is in the detail, including small details , so attack everything but be truthful, dont make stuff up