Small Claims Court Letter - N.Ireland. 28 August 2018 at 2:20PM edited 27 September 2018 at 2:38PM in Parking Tickets, Fines & Parking 120 replies 5.9K views

MercurialNo.10

I am aware of the onus on proof of driver in Northern Ireland, but would love a little help with what to do from here...although the PCN in Northern Ireland is covered in the forum (Have read quite a bit...long time reader, first time poster!) I've posted this as it does seem a little unique. Should there be a different method with regard to multiple PCN's etc.?

I have never got in contact with the parking company and have kept all letters, but none of the windscreen PCN's.

I need to submit my response to the claim soon (edited for vagueness)...thanks in advance to anyone who takes the time to read and respond/offer any advice.

Cheers again,

M10.

beamerguy

Who is the parking company ? Smart per chance

Who do they think they are taking to court, the keeper or driver ?

waamo

What does the particulars of claim say?

Fruitcake

In which country does the court claim originate?
Do you have a small claims court in NI?

MercurialNo.10

The respondent has parked in X Pay & Display car park and failed to pay for parking. The respondent parked their car in the car park on the terms of the notice posted at the entrance, which they accepted by entering the site. Terms and conditions of parking are displayed in the car park.
The parking tickets were attached to the respondent's vehicle each day and have not been paid. Details of the events including photographs were recorded by the patrol officer on the day. At the time of the infringement of the parking regulations the DVLA confirmed that the registered keeper of the vehicle was the Respondent as detailed at the top of this application. Car Park Services wrote to the keeper, who has failed to pay.

Car Park Services Ltd. is a member of the BPA yada yada.

This claim is for x unpaid Parking Charge Notices (PCN) in which the debt arose XX/XX/2018 and occurred at X car park.

Thank you for the quick replies!

Edit. Yes, we do. Civil Processing Centre, Small Claims Court. Northern Irish car park btw.

beamerguy

At the time of the infringement of the parking regulations the DVLA confirmed that the registered keeper of the vehicle was the Respondent

The DVLA confirmed the registered keeper but who is the
respondent ????

Not information the DVLA provides or can provide????

Johno100

beamerguy wrote: »

At the time of the infringement of the parking regulations the DVLA confirmed that the registered keeper of the vehicle was the Respondent

The DVLA confirmed the registered keeper but who is the
respondent ????

Not information the DVLA provides or can provide????

Also if the vehicle is registered in NI then they wont have got any information from the DVLA in Cardiff it would have had to have come from the DVA in Coleraine.

MercurialNo.10

It seems the crux of the matter is I am the registered keeper which they seem to believe makes me the Respondent.

Has there been a change in the legislation I'm not aware of?

waamo

They are making a huge assumption. There has been no recent changes in legislation.

KeithP

MercurialNo.10 wrote: »

It seems the crux of the matter is I am the registered keeper which they seem to believe makes me the Respondent.

Has there been a change in the legislation I'm not aware of?

The 'Respondent' is the person who the Claimant is making a claim against. In other words, the Defendant.

No, they are probably going to state that, on the balance of probabilities, the RK was the driver.

Umkomaas

https://padi.zendesk.com/hc/en-us/articles/203546392-Car-Park-Services-Ltd-T-A-Handypark

http://www.parkingappeals.info/companydata/Car_Park_Services.html