Court claim issued for parking”fine” from 2012

Andy69

Hi, a “parking charge notice” was issued on 4th August 2012 in a private car park, The Percy Car Park Hanro Group, a valid blue badge was displayed, however a charge was issued to my car the advice at the time was just ignore it and no matter what letter comes through the door just ignore it, however recently it was a company called bw legal sending letters and have now filed a claim in Northampton County Court, im at a loss as to what to do next, ive filed an AOS and applied for the extra time to contest this claim, any help from here on in will be greatly appreciated
Andy69

Andy69

Oh and the car in question was scrapped in about 2015

Umkomaas

You will need to read the NEWBIES FAQ sticky, post #2 which deals with county court claims from the receipt of the LBC and court claim, right through to the hearing. There are specific actions and deadlines you have to meet, so this isn’t a ‘skim read’ job - it’s your ’go to’ resource as this progresses.

There are a very small number of posters who will comment on your draft defence, once you’ve written it. Post it up.

So it’s the newbies sticky and good research on the forum for previous (recent cases). Who is the parking company (it’s not BWL)?

Quentin

You have misunderstood. The Northampton cc isn't where the hearing will take place.

It will be at your choice of court.

But that comes much later.

Everyone is politely asked to read up on this in the Newbies FAQ thread near the top of the forum.

Go there now.

,#2 covers court claims.

Come back with your draft defence for comments

(Abusing the blue badge scheme won't get you too much sympathy!)

Throughout here you are advised not to reveal who was driving. You need to edit your post to remove details of who was driving

Umkomaas

Oh and the car in question was scrapped in about 2015

Totally irrelevant.

Redx

firstly , blue badges are not "valid" in private car parks so it was pointless unless the BB holder was present and also you still have to conform to the parking rules on site as well (ay my local hospital BB holders pay AND display a BB too - so double the rules on parking)

a non-BB holder like you cannot use the BB anyway and unless you tell us different you are not covered by the EA2010 either (I have a BB and I am covered by the EA2010)

so only your wife can be using the BB , not you, so it seems you broke the rules by using that badge for your own benefit (which it is not provided for)

so I am afraid that so far none of your "story" will wash in court

the fact the car was scrapped later on makes no difference because the vehicle was present on the day they took pictures of it

the court is not in Northampton , it will be one local to you , the BUSINESS CENTRE is in Northampton and is just a Government office manned by civil servants, it is not an actual court

you need to write a defence and submit it within say 28 days , based on legal arguments including the fact that this predates POFA2012 so a keeper is not liable

which PPC was it ? EXCEL ? or VCS ?

see post #2 of the NEWBIES FAQ sticky thread at the top of this forum for help , advice and examples of what you need to do and to write etc and post that defence on here for critique first

System

Have you contacted the Hospital.

These claims work on the basis that there is a reason to issue them. Can't see the hospital being able to justify it, so contact them and ask them to intervene.

Come back with the result and if they say no, we'll help with the next stage.

BW Legal are bottom feeders and are looking to get people to pay even if the money is not owed. So see what the Trust want to do about it.

It is very unlikely you'll need to pay.

Castle

Back in 2012 BPA members shouldn't issue a ticket to a vehicle showing a valid Blue Badge, (Section 16.5):-
http://www.britishparking.co.uk/write/Documents/AOS/BPA__Code_of_Practice_-_October_2012_-_Version_6.pdf

(This may be for failing to pay rather than parking in a BB bay)

Ryandavis1959

You should put a STRONG DVLA complaint in about the parking firm calling their fake invoice a “fine”. I’m sure trading standards will be interested as well.

Only a statutory authority can issue fines.

This could be your silver bullet...

fisherjim

Ryandavis1959 wrote: »

You should put a STRONG DVLA complaint in about the parking firm calling their fake invoice a “fine”. I’m sure trading standards will be interested as well.

Only a statutory authority can issue fines.

This could be your silver bullet...

Can you point out where the OP states the PPC called their charge a fine?

Ryandavis1959

fisherjim wrote: »

Can you point out where the OP states the PPC called their charge a fine?

Yes, in the title of the thread. And then the very first line of the body of the text.