County Court Claim Regarding Parking Tickets

SamSteel89

Hi MSE,

I have recently received a county court claim against me regarding two parking tickets from a private parking company. This is the first court claim I have received so I am unsure how to continue and would appreciate some advice.

Background:
The parking tickets in question are dated 19/11/2016 and 16/03/2017 and are in relation to when my vehicle was parked at my now ex-girlfriends flat. The parking spaces in question are sign-posted 'Visitor Parking', implying they are free to park but underneath on a separate sign it states the spaces are for permit holders only and penalties will be issued without one

I have had no penalty notices or correspondence regarding the tickets whatsoever until the other week when I received a county court claim in the post for £257 in relation to both parking events.

Following further advice online, I have acknowledged the court claim via the online website and chose to defend the amount in full. I have not yet received any further information regarding the claim. I have also requested information from the DVLA, asking for any information the parking company requested regarding my vehicle and which dates they attempted this. The DVLA have since responded via a letter which states the company are registered with the IPC the only request made against my vehicle is dated 17/04/2017. I assume this means the parking company has failed to request the information properly for the first parking event but has complied with the rules for the second (being within 28-56 days)?

I have no idea what to do next, but with all the information online saying most cases will not go to court and indeed if they do, most defendants will win, I would appreciate any further advice to avoid paying this claim.

Thanks for your time,
Sam

Coupon-mad

I have also requested information from the DVLA, asking for any information the parking company requested regarding my vehicle and which dates they attempted this. The DVLA have since responded via a letter which states the company are registered with the IPC the only request made against my vehicle is dated 17/04/2017.

OK, so you never got a NTK or any letter about the first one?

What about a NTK for the second one, in April, since they got DVLA data for that purpose?

Re your defence, read the NEWBIES thread post #2 and show us your draft defence.

SamSteel89

I haven't received any NTK in the post, only a county court claim form. I thought they had to send reminders to my address before going straight to court? I guess they can just say they sent them despite not actually doing so

Loadsofchildren123

That's odd. Have you moved since the pcns were issued?

nosferatu1001

V5 up to date? Go find and check it.

SamSteel89

Yeah V5 should be up to date. I've only had the car 2 years and it's registered to my current address which I've lived in for 3 years the information that the DVLA gave the parking company also states my current address

SamSteel89

So I have an update on this incident and need further advice.

Following the court claim I went to the same parking space and took photos. I have an image of my car parked in bays which only state 'visitor parking' and nothing else on wall. However on a different wall on the corner, there is a sign in very small print that states a permit is necessary with a maximum fine of £100. Is this signage legal?

As I have never had a court claim before and have no idea what I'm doing, I unfortunately filed a minimal and weak defence...i have now received a notice of proposed allocation to the small claims track.

Does anyone have any advice specific to this case and Devere Parking as I do not know what to do next ? I feel I shouldn't have to pay the £257 requested by the company but I don't want to lose the case and end up paying more than that amount with fees

SamSteel89

Also, if the parking company did not request the vehicles owners' information from the DVLA for the first offence (11/2016) but they did for the second (03/2017), does this mean the first parking charge is still valid?

Coupon-mad

No, the first one is not valid to seek the charge from you as keeper. As long as your defence didn't blab about who was driving.

there is a sign in very small print that states a permit is necessary with a maximum fine of £100. Is this signage legal?

Well, it's not illegal. But it sounds bad enough for you to (potentially successfully) argue in court, as long as your defence did mention that no signs were seen/no contract agreed?

Show us your defence. Don't be shy, we need to know what you put, for later...

claxtome

Is this signage legal?

Unclear Signage sounds like 1 good defensive argument.
Take a look at the IPC Code of Practice (Google it) as you will find they have broken this.

I unfortunately filed a minimal and weak defence

As Coupon-mad asked can you post it on here to see what people suggest we do with it. I suggest you listen to what people are saying as we are trying to help you.

i have now received a notice of proposed allocation to the small claims track.

Have you been given a date for the hearing?
If so take note of when you need to submit your Witness Statement(WS) and evidence to the court.

Does anyone have any advice specific to this case and Devere Parking as I do not know what to do next ?

Post 2 of the NEWBIE sticky should be read and is your friend. It will outline what you need to do an when. (Link in there to a bargepole post particularly).

General:
It seems very strange you never received a NTK or LBC. If you didn't they haven't followed POFA Schedule 4 which allows a parking firm chase the keeper of the car not the driver. Read up on that.

Also, if the parking company did not request the vehicles owners' information from the DVLA for the first offence (11/2016) but they did for the second (03/2017), does this mean the first parking charge is still valid?

I think there is a time limit when they get details from DVLA so think it isn't valid now. Others will hopefully confirm this.

Enterprise_1701C

SamSteel89 wrote: »

I haven't received any NTK in the post, only 2 tickets attached to the windscreen for both events and then a county court claim form. I thought they had to send reminders to my address before going straight to court? I guess they can just say they sent them despite not actually doing so

Just one question - is the claim form stamped by the court?

They have been known to send these out without putting them through the court as a way of scaring people into paying.