How to defend claim for unpaid parking ticket citing mitigating circumstances

andrewb1993

I received a PCN in September 2018 for overstaying at an NCP car park due to the fact that I was providing support to a young person who had presented as an imminent risk of suicide (I'm a youth worker). Although I purchased a parking ticket for 1 hour, I returned to my vehicle approximately 20 minutes after the ticket's expiry.

Upon receipt of the PCN, I contacted NCP to inform the company that I would not be paying the parking ticket due to the circumstances mentioned above, admitting that I was the driver of the vehicle in the process of doing so. NCP responded to the letter informing me that the PCN would not be withdrawn.

After refusing to pay the PCN, I have now received an N1 claim form which means the company are prepared to proceed with court action. Although I am prepared to defend the claim in court, I'm concerned that I would not be able to provide sufficient evidence to defend the claim citing mitigating circumstances as I'm prohibited to use any paperwork relating to the incident with the young person due to my employer's data protection policies.

Any advice on how I should proceed with this claim would be greatly appreciated.

onlyfoolsandparking

Yes, learn more about defences and how they are presented in Court, I believe you would be able to present your mitigating circumstances without any Data breach (Possibly in your WS when it gets to that stage)


For now read all around the Forum, learn more about the game you are now involved in, the parking scammers don't give a toss about any mitigation they have even chased people for money who are deceased!!! BUT a decent Judge will listen to mitigation so long as it doesn't interfere with the Law/s

D_P_Dance

If this does go to court, I think that it is very likely thast a judge may well agree that the mitigating circumstances take precedence over a small overstayed which cost the PPC vey little.

In any case, the amount they want is scam money, considerably more than a local authority would charge, and a local authority would probably cancel the charge on mitigation anyway. Especially if your employer wrote a supportive letter. Get your MP on board.

On 18th March 2019 a Bill was enacted to curb the excesses of these private parking companies. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, and persistent offenders denied access. Hopefully life will become impossible for the worst of these scammers.

Until this is done you should still complain to your MP, citing the new legislation.

http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.

Ralph-y

" I returned to my vehicle approximately 20 minutes after the ticket's expiry."


exactly how long over ?


two grace periods should apply ... at the starts and appon leaving ...



as in how long did it take you to get your ticket ?


Ralph:cool:

andrewb1993

Ralph-y wrote: »

" I returned to my vehicle approximately 20 minutes after the ticket's expiry."


exactly how long over ?


two grace periods should apply ... at the starts and appon leaving ...



as in how long did it take you to get your ticket ?


Ralph:cool:

The parking ticket was purchased at 16:28 with an expiry time of 17:28.
The period of parking stated on the PCN states an entry to the Private Car Park at 16:27 and provides photographic evidence of the vehicle leaving the car park at 17:47.

Therefore, I'm assuming the grace period legislation will not support my case?

Snakes_Belly

Would your employers give you a statement which explains the circumstances without naming the individual concerned? Something surely could be put together without compromising confidentiality. I would also write to your MP who may intervene.

KeithP

andrewb1993 wrote: »

I have now received an N1 claim form...

What is the Issue Date on your Claim Form?

Did it come from the County Court Business Centre in Northampton, or from somewhere else?

andrewb1993

The issue date for the claim is March 20th 2019 and it’s from the County Court Business Centre in Nottingham.

KeithP

andrewb1993 wrote: »

The issue date for the claim is March 20th 2019 and it’s from the County Court Business Centre in Nottingham.

There is no County Court Business Centre in Nottingham.
I'm going to assume Northampton.

With a Claim Issue Date of 20th March, you have until Monday 8th April to do the Acknowledgement of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Tuesday 23rd April 2019 to file your Defence.

That's over three weeks away. Loads of time to produce a perfect Defence, but don't leave it to the very last minute.


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

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. 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'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive a copy of the Claimant's Directions Questionnaire, they are just trying to put you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

MistyZ

Good luck, it sounds as if you have a very good chance of winning this.

Seems to me that in the unlikely event that you don't win, your employers should pay all costs.