County Court Claim Exceeded 2 hour stay

My apologies I have just realised I have only a few days to submit a defence to county court online for parking in one of those car parks where its a 2 hour max stay by VCS , automated fine using thier cameras in the car park. I assumed was free to park. I ignored all the letters this is the first time i have ever received court papers. From what I gather i have 28 days from date of service after submitting the acknowledgement of service which I did a couple of weeks back. . I have been doing some research and found that they have also taken someone else to small claims court back in 2014 (they had multiple tickets) for the same car park the judge upheld the Inadequate signage, their lack of position to bring a claim as they are not landowners and the motorist won. I have unforntunaley had some family problems to deal with and almost forgot about this.

Please advise if there are templates to construct a defence, if anyone could help me I would be most grateful.

Many thanks

Replies

  • SystemSystem Forumite
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    for the same car park the judge upheld the Inadequate signage, their lack of position to bring a claim as they are not landowners and the motorist won.
    if there are templates to construct a defence

    You don't need a template. Use what you have found out from the other case and defend on that. It will also help your case if you can get pics of the signs, and their location at the time. Also see if the other thread has a copy of the VCS contract in it as signs/contract are the way to go.
  • edited 30 September 2018 at 9:57AM
    QuentinQuentin Forumite
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    edited 30 September 2018 at 9:57AM
    You should keep everything in your original thread regarding this.

    You can see how busy this forum is and starting a new thread for each post is just not on.

    You can't expect us to search for your threads to find out your circs

    Copy and paste your post into your original thread and let this one die

    Throughout here you are advised never to reveal who was driving

    You need to edit your op to remove details of who was driving

    The Ppcs monitor this forum and can use your posts against you
  • The_DeepThe_Deep Forumite
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    You have not told us how long you lingered after the two hours, or the reason why. ANPR cameras are unreliable so a small overstay (grace period) is permissible. Also were you prevented from leaving by traffic?



    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P.
    for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the House of Commons recently

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41 recently.

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    .
    You never know how far you can go until you go too far.
  • KeithPKeithP Forumite
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    rb331, what is the Date of Issue on your Claim Form?
  • Coupon-madCoupon-mad
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    Please advise if there are templates to construct a defence
    There are examples you can use as a base, to show you the style, in the NEWBIES thread. Longer ones by me, and more concise template ones by bargepole, and many others.

    You really can just go and read a few and copy one in a few hours, that makes some sense (e.g. one of bargepole's defences is about unclear signs and it's very short and easy to follow).

    Which car park, Albert Street Birmingham, or where?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • SystemSystem Forumite
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    There are examples you can use as a base, to show you the style, in the NEWBIES thread. Longer ones by me, and more concise template ones by bargepole, and many others.

    The longer the template, the more likely a judge is to question the honesty of the defendant becuase of vagueness and irrelevant points. The best defences are written tightly and only answer the issues posed in the particulars.

    You say there is another thread with another defence. Why is it not possible to use that instead.
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