Court Summons

barry22

I received a charge notice whilst parked in the residents free car park of my home address, the reason being non display of permit.
I wrote to the company explaining that, as my car usually has a roof cover on it, I had been assured by my landlord that as my vehicle details were held on file all would be fine. I also asked the company to justify the invoice amount when no financial loss had been accrued by them. No specific reply was ever forthcoming, just the usual letters. I have now been informed that the "debt" has been sold to a third party and they have issued a court summons against me. It seems as if they are trying to dupe the court into thinking the original debt was uncontested and therefore bypass any argument I have. What would be my best course of action in regards to contesting the summons? Any help greatly appreciated.

Redx

its not a summons, its an MCOL (it wont have the word "summons" on any paperwork)

please read this

court procedures by bargepole - oct 2016
https://forums.moneysavingexpert.com/discussion/5546325

yotmon

Who's bought the debt - was it Mil ?

Ralph-y

this is why the above question was asked

http://parking-prankster.blogspot.co.uk/2016/10/parking-companies-breaking-data.html

be under no illusion ..... you have descended into the murky world that is parking on private land .....

what about regulation .... I hear you ask ......

sadly there is ...... none :eek:

you at some point might like to help re the below ...


This is a campaign of asking people to keep sending Theresa May actual hard copies of the trash they've been deluged with. Let her advisers' desks overflow with annoying paperwork re PPCs.

No emails, all letters from genuine people pouring their hearts out. Write to your MP as well as Mrs May:

https://bmpa.zendesk.com/hc/en-us/articles/211923909-Why-not-write-to-your-MP

The more the better, write it yourself if you are able and enclose copies of the threatograms and rubbish thrown at you.

Do not do this by email - make your paperwork land with a thump on desks, just like it all landed in a very unwelcome way on your doormat.

Apparently the DCLG are looking to make an announcement before the year end so let's make MP's and Mrs May aware that action needs to be strong. You can be sure that the BPA and IPC suits are lobbying Parliament and meeting their friends in suits.

So let the consumers' voices be heard.





Thanks

Ralph:cool:

Coupon-mad

barry22 wrote: »

I received a charge notice whilst parked in the residents free car park of my home address, the reason being non display of permit.
I wrote to the company explaining that, as my car usually has a roof cover on it, I had been assured by my landlord that as my vehicle details were held on file all would be fine. I also asked the company to justify the invoice amount when no financial loss had been accrued by them. No specific reply was ever forthcoming, just the usual letters.

I have now been informed that the "debt" has been sold to a third party and they have issued a court summons against me.

It seems as if they are trying to dupe the court into thinking the original debt was uncontested and therefore bypass any argument I have. What would be my best course of action in regards to contesting the summons? Any help greatly appreciated.

You've got it. But they can't bypass your defence. MIL cases need a specific sort of defence - we assume this is MIL? Take a look at cueball's thread and make sure you acknowledge the claim first, as per bargepole's post about what to do and how/when.

Well-defended cases v MIL should never be lost as there is so much wrong with them. Easier to defend this scam than if the parking firm had tried! Who was that parking firm and what do the signs look like, show us some photos.

barry22

Yep. Original charge was from Capital To Coast.

Kind_Of_Irritated

Does anyone know if the question of the resident's contract enters into this? If nothing is mentioned in a tenant's or home-owner's contract re parking is that a strong hand to use against the charge per se?

The_Deep

Have you read this


http://parking-prankster.blogspot.com.es/2016/11/tenancy-agreement-not-overruled-by.html


Why do you need a permit? What does your lease/AST say?

barry22

Thank you all for the fantastic information and advice! I didn't sleep too well last night but I feel much more confident now. I will have to obtain a copy of my tenancy agreement from my landlord (who is also my employer) and hopefully parking is mentioned. I photographed the signage today but have yet to figure out how to upload it. To re-cap; Capital To Coast issued the original charge and MIL have now purchased it.

Coupon-mad

barry22 wrote: »

Yep. Original charge was from Capital To Coast.

Brighton area?

Have you acknowledged the claim as per the advice in the NEWBIES thread under 'Small Claim?'

barry22

Hi, I've just tried to register on moneyclaims.gov to acknowledge the claim but their system is playing up so I'll post the form tomorrow, just disputing and signing as advised. I'm in Hampshire by the way, and should I be posting here or under another thread?