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Court summons for parking fine

Hi everyone, some advice would be greatly appreciated. I have a court summons and I have completed all the necessary paperwork, refusing mediation etc however just wanted some help really.
I got my fine for not having a ticket displayed correctly as it had blown off whilst getting my children and a pram from the car. There was no parent and child bays to leave my children safely to check the ticket after getting them out. My defence is that I understand I've entered a contract when parking however my responsibility as a parent is the safety of my children. I was unable to check the ticket without putting my children at risk as I could not fit the pram down the edge of the vehicles to do so. Also the ticket does not have an adhesive so it cannot be secured and given them car park is next to the sea at a marina it is windy. Also I had typed my registration so there should be a record of this however I have a copy of my ticket.
I appealed to the car parking firm VCS and they have rejected it and are now taking me to court. Their reason is I failed to display my ticket.
Any advice/support would be greatly appreciated as I am a little anxious about going to court.
Thank you

Comments

  • KeithP
    KeithP Posts: 41,263 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    From your post it is difficult to decide how far into the process you are?

    Have you received a Claim Form from the County Court Business Centre?
    Is that what you mean by a summons?

    You mention mediation - does that mean you have filed a Defence and a Directions Questionnaire? Or does it mean something else?

    By the way, there is no "fine".
    Nor is there a "summons" - unlike in a criminal case, you are free to choose whether to attend court or not.
  • KeithP
    KeithP Posts: 41,263 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Have you used your real name as your forum username?

    If so, you would be well advised to get your forum username changed to something completely anonymous.

    To do that, you might like to read this short extract from The MSE Forum Guide - Frequently Asked Questions & Rules:
    Q. How can I change my username?

    A.
    In most circumstances, this is not permitted.

    The only reason we will change your username is if it puts your privacy at risk. This usually means you've inadvertently registered using your name, email address or something that gives away your identity within your username.

    If you fall into this category, email forumteam@moneysavingexpert.com and request that it is changed, giving three alternative usernames in order of preference.
  • Quentin
    Quentin Posts: 40,405 Forumite
    Read up on court claims in the newbies faq thread near the top of the forum


    #2 there covers court claims right through to the hearing


    First job is complete the AOS to gain a total of 28 days to submit your defence rather than the 14 given to begin with


    After doing that research your defence and post the draft up here for comments before sending it in
  • Coupon-mad
    Coupon-mad Posts: 149,146 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 6 October 2018 at 2:32PM
    You haven't got a summons (criminal case). Just a civil case that can be defended.
    I got my fine for not having a ticket displayed correctly as it had blown off whilst getting my children and a pram from the car. There was no parent and child bays to leave my children safely to check the ticket after getting them out. My defence is that I understand I've entered a contract when parking however my responsibility as a parent is the safety of my children. I was unable to check the ticket without putting my children at risk as I could not fit the pram down the edge of the vehicles to do so. Also the ticket does not have an adhesive so it cannot be secured and given them car park is next to the sea at a marina it is windy. Also I had typed my registration so there should be a record of this however I have a copy of my ticket.
    Forget the darn 'parent & child bays' argument. They are a pointless gimmick (don't get us started on how that CAUSE parents to think they have an entitlement to special bay, and hence get PCNs).

    Not relevant to your defence, which is about a fluttering ticket, a well known phenomenon. And defendable.

    Are you at court claim stage and have NOT yet defended?

    Have you looked at all the other similar claims/defences on VCS and Excel cases? It will help you to search for them, and to read the 2nd post of the NEWBIES Thread, and do the acknowledgement of Service on MCOL, as shown there in pictures.

    What does the Particulars of claim say, on the left, and is the claim signed by Simon RS, or BW Legal? Same as loads of other threads you should read, ad we do win!

    You could also search the forum for fluttering as a single keyword, and read the results.
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top or bottom of any page where it says:
    Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    and edit your post and remove any idea of who was driving


    use the words DRIVER and KEEPER, no "MY , ME , MYSELF & I"


    learn to use langiage that is not self incrimination


    ps:- not a "fine" - its an invoice


    not a "summons" either, its an MCOL
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