PPC Court Claim

HumbleGuy

Hi All,

I have been issued with a court claim by a private car parking company. They were running a permit based system in my business centre car park. A very small car park. They penalised me 4 times for not displaying a permit.

At first they used to send many threatning letters which i ignored and after a while they went al quite. These tickets were issued 1.5yrs ago.

Now out of the blue they issue a court claim I think they are riding high on the Beavis court decision. So they must have unearthed my charges from their archives and are now threatning me with court action.

I have received the court claim pack. My question is i have permission from the Landowner to be able to park in the car park as i was and still am a tenant of the business park.

Does my permission from the Landowner to be able to park in the car park override their breach of contract?

Will this be sufficient defence to go the full hog and take them to court and win. I have told them that i had permission from the Landowner and they are keen to see it to validate my claim. Shall i give it to them, maybe after seeing this they may cancel the charges and drop the court action.

Coupon-mad

No, at court stage there is no 'quashing'. It's a lottery if this goes to a hearing - the PPC could win - and you should NEVER have ignored the PCNs. That advice went out in early 2013, three years ago.

So read the NEWBIEs thread at the top of the forum, go to the info about small claims deadlines, paperwork & defences. It's too late to appeal so you need far better research & advice now than was achieved 1.5 years ago. Come back once you've read the info about small claims on here.

HumbleGuy

So shall i just give them a copy of the written statement from the landowner and see what they say?

Coupon-mad

Call me old fashioned but I thought most people would take more then three minutes to go to the NEWBIEs thread and read properly how to defend a court claim, clicking on the relevant links in the section about court claims.

At this rate you are a lamb to the slaughter. You've shown an awful lack of willingness to research so far, even though this can be won. It needs work and research and time. Have you got what it takes?

The answer to your question is NO, unless you want to just lose.

HumbleGuy

I have read the NEWBIE thread. I could not find any info on what to do when a court case has been filed or am i just stressed out regarding this and cant think straight

Redx

just put DEFENDING A COURT CLAIM into the forum search box and loads of threads come up (you arent the first and wont be the last)

https://forums.moneysavingexpert.com/discussion/5396123

https://forums.moneysavingexpert.com/discussion/5385444

are two of many

plus obtain and read parking pranksters court guide too

research will help you here, which means reading other court claim threads, using the forum search box and other tools of the trade that give you suitable (and free) advice

as for the NEWBIES thread, you missed the COURT CLAIM section below this part

CAN'T SAY IT ENOUGH, THIS IS NOT A FORUM FOR TALKING AD INFINITUM ABOUT DEBT COLLECTOR LETTER CHAINS SO PLEASE SPARE US.



SMALL CLAIM? START A NEW THREAD PLEASE. VERY UNLIKELY IN SCOTLAND, MORE COMMONLY WE SEE ENGLAND/WALES CLAIMS WHERE PEOPLE HAVE MULTIPLE PCNS OR JUST BECAUSE IT'S A LITIGIOUS OPERATOR BULLY LIKE PARKINGEYE. OTHER COMPANY'S CLAIMS CAN BE MORE EASY TO DEFEND THAN PE THESE DAYS BUT WE'LL TELL IT LIKE IT IS.

It's more difficult to show you a 'template suggestion' defence since ParkingEye v Beavis. Read the Supreme Court's shocking decision which has been described as giving rogue parking operators a 'licence to print money'

no point arguing with CM either , she wrote and rewrote that NEWBIES sticky thread, so if she says its in there , ITS IN THERE ! , lol

HumbleGuy

Apologies to CM and thanks to both. I am just stressed, scared and panicking.

Coupon-mad

Needs a bit of tough advice here sometimes to shake someone to defend a court case. Snooze and you lose it for sure.

Now you have a fighting chance and we'll ALWAYS help a trier!

HumbleGuy

I was thinking of using similar grounds as Fuseman in his thread about the unfair contract term. some say that this maybe out dated and is now superseeded by the Consumer Act 2015.

Also i can use is the fact that there was no commercial justification here as this car park was and is solely for the use of the tenants and i was and still am a tenant. The PPC was employed to manage the car park and keep it free for tenants and prevent other people parking in our spaces.

Redx

use as many legal arguments as you can, but remember the first defence is a skeleton defence, not a detailed defence (that comes later)

read the bargepole skeleon defence (and the one in pranksters book) to draft your own

dont just major on one point , use as many as possible, including no locus standii , POFA2012 errors or omissions , signage , landowner witness statements , teancy or owner agreements etc

but save your details points for the detailed defence down the line, meanwhile you will be insisting they show you all paperwork and contracts etc too

its a long process, like a hurdle race, so start at hurdle one and then keep going

Parking-Prankster

I am helping with this off forum and will suggest a defence.