County court letter

Coupon-mad

Stop trying to make a WS. Read what I said to put together. Not a WS now!

Stop talking about keeper liability. You/the driver was on company business so the company can be liable for those actions anyway, so forget the POFA and complicated arguments. You were authorised by the resident.

Take proof of that and hope the Judge lets you prove it, and then tear into their LACK of evidence.

It's late now, so get some sleep and get up early and put together what I said to prove, and go through THEIR WS (print it out, if emailed) with a highlighter, looking for the mistakes.

You should have done that as soon as you got it and it would have reminded you to do yours. Too late for one from you now.

So do as I just advised. DAMAGE LIMITATION.

You want either a lucky win, or to keep the costs to £200 plus court fees.

Hollers

Is there anything specific I could point out in there WS/evidence as I assume these are more or less copy and paste for this kind of case?
I'll be honest theres nothing I can see that I can argue?
They've provided a contract with the landowner
Dated photos of the vehicle and signs (whether they are acceptable or not I dont know)

Any tips to keep costs down?

Coupon-mad

Hollers wrote: »

Any tips to keep costs down?

I already told you:

Even if you lose, you do know how to argue you are not liable for added made up £60 costs per PCN, I hope? Whilst a losing party has to cover the (small) court fee, you DO NOT have to pay 'legal costs' or 'debt collection/damages'!

DRP and Trace both offer their 'services' FREE. If the PPC say otherwise, they are lying.

A poster called 'Nameless' lost a non-forum assisted case this week, but he managed to clip the PPC back to just the £100 PCN and £25 court fee, by citing the CPRs about costs and pointing out that no debt collection costs had ever been expended, nor can they be added to an already inflated parking charge...

Snakes_Belly

Holler, you could win this case on signage and on reasonableness. You were there to do some work for the occupants of the property. It is reasonable for a builder who has work to undertake at a property to park outside the property in order to complete that work.

What if an occupant of the a property was ill and needed an ambulance? Would that get a ticket as well? Common sense has to prevail.

Don't worry about the Claimant's representative quoting cases because they will probably be irrelevant.

Good luck.

[Deleted User]

You simply need to show that the claimant approach is silly. You were loading/unloading to undertake work for the ?landowner in whose interests they claim to represent. The fact that you were contracted to be there to undertake works is the authority you rely upon.

The existence of a sign does not override that authority.

Thereafter as a secondary point, consider whether the contract the parking company claim could ever be complied with. If permit needed, were you ever entitled to one? Did the building works prevent you parking in a marked bay etc?

Finally, if it goes Pete Tong, ASK to address the court on the enhanced sums they claim. Their signs almost certainly won't allow them to bolt on charges they have:

* Debt collectors like DRP work on a no win no fee basis (the claimant has no costs). Claiming for pre-action correspondence as the statements usually argue for is a breach of the indemnity principle (ie the idea that you reimburse for actual costs incurred).
* If it's just a notional charge of £60 per ticket, the exact amount could and should be on the sign if you are said to have agreed to it. Further, where they've lumped the claims into one, those costs clearly haven't been incurred on each and every ticket.
* Legal costs should not be bolted on in a small claim and certainly not where C is claiming sums to which they are not entitled.

GOOD LUCK!

Hollers

In the waiting room now. Been approached by the claimants rep and asked if I would like to offer a settlement. He has given me a total figure £660

Hollers

That's a bit of a jump from £430

Hollers

Slapped with £460 to pay within 14 days..
Ripped my defence apart saying its just something copied from the internet.
I parked in an area that was clearly marked no too.
In all honesty I felt the tried to side with me but I but didn't have the knowledge to protect myself in the situation.

A loss

Hollers

And to top it all off I'll now have to pay for another cpm charge of £160 now I know there's no way I'll be getting out of that one.
So a loss of a days wages.
£460
£160
Expensive day out for me

nosferatu1001

Being better prepared would have helped - an expensive lesson!

Ensure it is paid ASAP, and then ensure YOU tell your court, with proof, that it was paid.
Dont assume the claimant willdo so. they lose nothing if they are late, whereas you lose a clean credit file.