Recieved Claim form from Court in respect of UKCPS

pogofish

Jeanette_Sheridan wrote: »

Hi, hope you can point me in the right direction. I parked in a car park which I believe is for permit holders but unsure as I will need to check any signage. I have received a claim form for county court following receiving several correspondence asking me to make payment of which all I disregarded. I have read some of the threads but didn't see anything relating to parking without a valid permit or authority. Is there anything I can do?

Thank you in advance

Jeanette

Please read the Newbies Sticky and start your own thread - that way you get best individual advice.

Hijacking someone else's is something you clearly agreed not to do as part of your signup.

Jeanette_Sheridan

Hi,
Hope you can help. I received a windscreen parking charge in Jan17 which I ignored along with all subsequent letters and demands to pay.
I parked in a small car park which I believed was for a handful of businesses and their shoppers so thought nothing of parking there for approx 20 mins whilst I went to the doctors surgery.
I received today a claim form from court stating that I parked without a valid permit or authorisation.
Where do I start please, I'm going around in circles.

Thank you

Jeanette

waamo

You seem to be struggling. Read this thread all the way through https://forums.moneysavingexpert.com/discussion/4816822

Pay particular attention to post 2 in it. Post 2 is a comprehensive guide to defending a court claim. Then when you've read it start your own thread. It contains instructions on how to do that to.

taffyd

Hi Again,

My case has progressed to the small claims court in my own home town. I have read much of your advice and this has proved useful. I have not submitted the case since I believe this would put me at risk.

However, I have been given a hearing date and time and having submitted my defence I now understand I can write to the court and express a wish not to attend. I believe I have to write to the court to express this wish and thereby leaving them to make the judgement in my absence based on my evidence.

Can I submit more evidence that has come to light today in my letter. Further photographs proving their practice still continues.

Regards

Taffyd

Coupon-mad

Why would you not attend? It gives you less chance of winning and allows them to turn up and be heard in person and you won't be able to disagree with anything they say!

Can I submit more evidence that has come to light today in my letter. Further photographs proving their practice still continues.

Yes, your evidence and case transcripts you might be relying on, photos and a picture of the Beavis sign as a comparison (as a very clear parking charge in large letters) needs to be submitted with your Witness Statement.

Presumably so far you've submitted no evidence, only a defence wording?

The letter giving you the hearing date, also tells you the date by which you MUST file your WS and evidence, with the court and the Claimant. If unsure, read post #2 of the NEWBIES thread where it says 'IMPORTANT - KNOW WHAT YOU MUST DO AND BY WHEN'.

Really not sure why anyone would want their case lost by not turning up? Don't be shy or scared by the thought of the meeting - go and win it.

taffyd

Have submitted my evidence. Have passed date by which I must furnish claimant and court with it. But, did so as per your advice on here. I now have a hearing date for early November.

Taffyd

taffyd

I am not sure I do rely on case law. My case seems to rest upon whether their permit signs which are now clearly posted, they weren't at the time as my submitted evidence proves, are valid. They say a permit is need to park on the land yet on certain home match days a lady sits in a car taking £2 from the paying public. Thus two systems are in operation - permit only except on certain home match days when you can park without a permit and pay £2. The Parking company say they don't monitor the land at weekends I.e., implying they don't know about the lady in the car. If this is the case then she is taking money by deception since the signs say it is only permit only. They clearly must know about her in my view.

I fell foul of them because I parked their as I had done before expecting to pay £2 on a home match day. The problem was it was a bank holiday Monday and as she was not there we could not pay. We thought because it was New Year Bank holiday she wasn't there and as we only ever parked on home match days it must be free. How wrong could we have been. But, how were we to know that we need a permit when every other time we'd parked there we had not.

Thus, I refused to pay the parking company fine. But, they have presumed me all the way to the court. Whether they turn up or not will be interesting. If they do and they win it means the lady in the car, who was there again today, is taking money by deception and thus I intend to report her, in that instance, to the police. I took further photographic evidence today. However, I believe she is who she says she is, the land owners sisterinlaw. Hence this piece of land has 2 systems governing it - according to the signs it is by permit only. Yet, when there is more money to be made it is not.

Taffyd

taffyd

Hi,
In county court soon. As I've said all I need to say do I need to be there. I understood was possible once your evidence pack had been submitted that you could write to court and ask that a judgement be made on the evidence as submitted. If I must attend can I submit further evidence then. For example I have a further picture showing the lady in the car collecting £2 fees from footballing public. Her car displaying a great big sign saying please pay here across her windscreen. This again was on a Saturday match day and yet all the UKCPS signs, new and old, clearly say that parking is by permit only on all days.

This firm has certainly pursued me with a large evidence pack being submitted. They try to get out of the 'please pay here' lady by saying they don't monitor the car park at weekends. This is how they caught me by ticketing me on the New Year's bank Holiday Monday.

What do I do?

taffyd

Hi,
In county court soon. As I've said all I need to say do I need to be there. I understood was possible once your evidence pack had been submitted that you could write to court and ask that a judgement be made on the evidence as submitted. If I must attend can I submit further evidence then. For example I have a further picture showing the lady in the car collecting £2 fees from footballing public. Her car displaying a great big sign saying please pay here across her windscreen. This again was on a Saturday match day and yet all the UKCPS signs, new and old, clearly say that parking is by permit only on all days.

This firm has certainly pursued me with a large evidence pack being submitted. They try to get out of the 'please pay here' lady by saying they don't monitor the car park at weekends. This is how they caught me by ticketing me on the New Year's bank Holiday Monday.

What do I do?

KeithP

In my opinion, you would be wise to attend.

The Claimant's representative could say anything and if the Defendant is not there to challenge then the judge may well believe them.

Your call though.