Urgent help needed

Cyendell

So basically I have been made aware today that a claim form has been submitted against myself for an unpaid parking charge which was issued on private land.

Now we have had no notification of this as the company have been writing to a previous address which has been supplied by the DVLA. Now it just so happens at the time of me getting the parking ticket (which I don't know about) was when we were in the process of moving.

So luckily my partner still has relatives at the previous address and she see this letter with regards to a claim form. It just don't seem fair that we have had no notification of the actions that are being taken against us. Now in order to prevent getting a CCJ I have to pay £260

Half_way

More information is needed;

What exactly do you have? some people get court letters confused with default judgements, do you have a default judgement?

When did you inform the DVLA of your new address after moving?

Why did you get a parking ticket in the first place?

Where did you get the original parking ticket?

Who/what issued the original parking ticket?

Quentin

Are you saying you have received a ccj " in default'?

If so look into getting it 'set aside' (Google if you need to know more)

If not and you have actually got a claim then go to the newbies FAQ thread for advice on how to deal with this

Cyendell

I was parked on private property and apparently it was overstay.

I got my logbook back approx 4 weeks after the issue of the ticket

I have received paperwork from Northampton county court stating Claim form

Cyendell

The ticket was issued by parking control management in Hayes Middlesex

Redx

so its a standard claim form from Northampton , not a CCJ at all

read the court sub-section in post #1 of the NEWBIES sticky thread , especially the bargepole thread linked in there

acknowledge online , leave the defence box TOTALLY BLANK , do not put anything in that defence box at all

this extends the period to defend from 14 to 28 days , which equates to about 33 days from the date on the front of the claim form

then prepare a draft holding defence

see other similar court claim threads on here and pepipoo forums

and read parking pranksters court guide too

Half_way

Cyendell wrote: »

I was parked on private property and apparently it was overstay.

I got my logbook back approx 4 weeks after the issue of the ticket

I have received paperwork from Northampton county court stating Claim form

Cyendell wrote: »

The ticket was issued by parking control management in Hayes Middlesex

Good news, sort of in that you havent got the massive uphill struggle to sort out a CCJ/default judgement and get a set aside, however you've still got something that needs immediate attention.

You state you were parked on private property, and it was an overstay. But whose private property was it?
In almost all cases the private parking company is acting as an agent to the landowner, with the landowner being the principal.
The principal is also liable for the actions of its agents.
The principal can also instruct its agents to call off any court action

If the principal can be discovered then they can instruct PCM to stop this before it goes to court, at the very least you should get a letter, or other documented evidence stating that the principal does not want this to proceed to court.

If the PPC ignores the principal and this goes to court, then you can use this to demonstrate unreasonable behavior on the part of the paring company and as a result you will be able to claim your full costs.


If the principal is non co-operative then you can have them joined to the case, and should you win you will be able to claim your costs against the principal making the whole notion that a PPC is a trouble free way to manage a car park nothing more than a fallacy.

Either which way if you can show that you have tried to liaise with the principal, even if this goes as far as the PPC refusing to tell you who it is you can show that you have been reasonable in trying to keep this out of the court system, and the parking company is being unreasonable in pursuing this Especially when taken into account your recent house move/address change