County court letter

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Hollers wrote: »

I actually did that about 20 minutes ago but at least I know I've done something right. So my next step is to draft up my reasons? This is the thing, all of the examples seem to have legitimate reasons ie. Unlit signage etc.
Where do I stand? Other than private land(it's a new estate that the residents decided they didn't want people parking on the street though they only have space for one car on a drive)

nobody here knows "where you stand", that is for your local court to decide if it gets that far

as you have an MCOL from Northampton CCBC , you have a legit and live court claim in your local small claims court to contend with

so now you draft up a legal defence, listing the actual legal points you wish to rely on for your defence

these will include things like

POOR AND INDEQUATE SIGNAGE
NO LANDOWNER AUTHORITY
NOT THE SAME AS THE BEAVIS CASE
ANY POFA2012 ERRORS

etc


ps:- if it was only one time then I have no idea where they get over £400 from, that would be an abuse of process

nosferatu1001

Ok, having read through post 2 you should by now have an idea whether you think you have a good shot. After all, it's your money at risk

How have they arrived at £400? Give us the full particulars of claim. Verbatim. No guessing

Hollers

Ok thanks for the advice. I'll get some written up and post up here as soon as.

It's actually for 2 parking offences. Both in the exact same place but 1 I was unaware of, obviously getting letters I was assuming it was the same parking ticket although they were 2 separate debt recovery firms. (Drp & trace)

bargepole

Hollers wrote: »

So I followed advise from friends/Facebook(of all places) to ignore letters from parking tickets(photos) while parking on private land while doing building work on a house. I've been receiving notices and final warning letters for probably a year or so.
I've today received a county court letter telling me to pay £435 . I'm still not sure where i stand as I'm still seeing posts and even YouTube videos saying ignore it.

I've searched post after post on here and read through the sticky hundreds of times and can make no sense of it whatsoever .

Where do i stand? Have I let it run to far?

No problem at all, I'm sure all those hot shot legal experts on Facebook will have a whip-round to raise the £435 for you.

Coupon-mad

Bargepole's dry sense of humour is something you will get used to here!

You need to learn that we see almost all cases won, here, and there is no 'risk'. You can certainly defend on the usual basis that you did not see any sign that bound you, and that you were unloading at the time as you were doing work at a resident's house.

You need to read defences citing Jopson v Homeguard and URGENTLY READ that transcript that you will find hosted in the parking Prankster's case law list. Understand why a worker attending a resident's home to unload stuff (and I am sure you were *unloading* at the time - let UKCPM prove otherwise...!) should not be penalised or ''life at a block of flats would be unworkable''.

Can you contact the resident and ask for a copy of their lease so you can see what the tenancy says about any right to park or visitor/contractor rights. Don't be embarrassed to ask them - they dropped you in it by not telling you about the penalty scumbag firm there, or giving you a visitor's permit!

If there was one...you need to know these things from the tenant, so you know the facts.

Even if you lose, it's two PCNs so you can defend and at least not pay that stupid amount over £400. That's an inflated sum that's unlikely to be allowed even in the odd case lost.

System

while parking on private land while doing building work on a house

The question is on whose land and did they give permission. Or did you assume it.

If you assumed it, what did the signs actually say. Have you requested pics of the signs and the paperwork yet?

It tends to help if you can

a) See what they claim on the paperwork
b) refer it to the wording on the signs
c) relate that to the actual space** the vehicle was parked in and
d) whether the signs could have been seen by the driver.

Also always helps to start with the facts.

**Lease will be useful if the vehicle was parked on space controlled by the client. Less so if it was communal areas OR someone else's space.

Hollers

Thanks for the reply. I've left this late minute as that's what I do best but actually had a browse on the parking pranksters page and came across a company that apparently get you out of these situations, so I signed up and now can not get anything back from them, I can't even find them on parking prankster anymore and I have 3/4 days left to file my defence. So this is my job for the next couple of evenings

KeithP

Hollers wrote: »

Thanks for the reply. I've left this late minute as that's what I do best but actually had a browse on the parking pranksters page and came across a company that apparently get you out of these situations, so I signed up and now can not get anything back from them...

But you will find them on Trustpilot, I bet.

Hollers

Are they a known company? Have I wasted my money? I'm really panicking now if I'm honest. So much so I've even considered just suffering the ccj for 6 years. Would I still have to pay the fine?

KeithP

With a Claim Issue Date of 14th August, and having done the AoS in a timely manner, you have until 4pm on Monday 17th September 2018 to file your Defence.

Still a whole week, but please don't leave it until the last minute.


When you are happy with the content, your Defence should be filed via email as described here:

1) Print your Defence.
2) Sign it and date it.
3) Scan the signed document back in and save it as a pdf.
4) Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
5) Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
6) Log into MCOL after a few days to see if the Claim is marked "defended". If not chase the CCBC until it is.
7) Wait for the Directions Questionnaire and come back here.