CC Claim for car parking ticket 5 years ago

Debbie2

Hello,

I have read all the advice on the general/ newbies thread and am still a bit confused.

I have received a CC business court letter regarding a car parking ticket i had five years ago, in March 2012.

I have requested an extra 14 days time to prepare my defence, however, as it was so long ago i have no evidence to back up my defence. The area in which i had the ticket has undergone extensive redevelopment in recent years and the car park has changed all it's terms since then. I have no photographic evidence as this incident was so long ago. I can't even remember much about the night i got the ticket.

The only information i have is that the car parking fine was issued three and half minutes before the cut off time for buying a ticket, and i know the car park in which the ticket was issued.

Does anyone have any idea what to do if i have no evidence due to the claim being so long ago?

Thank you very much.

Redx

you send them a request for the info , as well as building this into your defence, because it is THEIR JOB to prove THEIR case to the judge

this has been documented a lot in other court case threads on here, so look at recent ongoing and concluded court cases and read those defences in order to draft your own

there are plenty to look at including similar ones that are old cases , because the PPC has up to 6 years to make a court claim, hence why its happening now

and remember, POFA2012 did not exist in march 2012 , so if they dont know who the driver was then this will be a fundamental part of your defence , much more than signage etc

this one is of a similar nature I believe

https://forums.moneysavingexpert.com/discussion/5516777

so not hard if you read the right threads that started long before yours

so edit your post and remove any details of who did what, never write "me , myself or I" if you can use alternatives, which are

THE DRIVER

THE KEEPER

Lamilad

I have requested an extra 14 days time to prepare my defence

Does this mean you've completed the acknowledgement of service (AoS) on MCOL? If not do now. That's the only way you get an extra 14 days. DO NOT click 'start defence' leave this well alone for now.

You must do as Redx says and edit you post referring only to the 'driver' or 'keeper'(you)... No personal pronouns. Do this before you post anything else. Read the newbies thread again as there's a lot to take in and you need to discern all the info.

Use the search function to find other pre pofa cases, read several of them and plagurise the defences used to create your own. Then post here for feedback and further advice.

Which parking company is this, and what is the alleged contravention?

Fruitcake

If it was me, I would honestly not know who was driving one of the family cars registered to me that long ago. If you are in the same position, you must defend this AS KEEPER.

This alleged event took place before the POFA 2012 came into force, so only THE DRIVER can be held liable. As long as nobody tells them who it was, the keeper cannot be held liable. There can be no presumption in law that the keeper was the driver, and nobody can force you to name the driver, not even a judge.

If more than one person has access to the car, then you should provide proof of that to the judge if available. A car insurance policy with more than one name on it would help, but even a witness statement from you saying more than one person has access to the vehicle should be acceptable. Another family member with their own car might have access to the keeper's vehicle if they drove it on their own insurance.
In my case, a neighbour sometimes takes my car to the garage where he works to carry out work on it.
The more people who could have driven the car, the more the probability is that it wasn't the keeper, IYSWIM.