Court Claim Defence

Salman1

Hi all,
I am in the process of submitting defence to court against a fine for parking without ticket on a road which was claimed by a private parking cpy (PPM) under their control.
Flashback, I parked on a tarmac road which leads to a private property (cobbled road). I received parking ticket and disputed it believing I parked on a public road, PPM provided me their map of coverage area in email correspondence. I requested them that as it was not clear to me up to that point (when I parked) the parking charges should be dropped and I will be careful in future. They emailed me back that their decision remain unchanged and I have option to appeal with TheIAS. I advised them that I appealed already (well before 21 days after the first email from PPM of rejecting my appeal) however PPM advised me that according to theIAS system I didn’t appeal in time. I left it there assuming the IAS will contact me at some point.
After 6months I have now received a court claim of £241. I am preparing defence but bit lost on what ground I should defend?

• The IAS didn’t respond to me? Strangely I didn’t receive any confirmation from the IAS and I can’t find my appeal in the IAS record either. Only confirmation of my appeal in IAS is the email from PPM that tells that I didn’t appeal in time.

So my query is how should I defend:

• Based on the fact that there was miscommunication and I didn’t follow up with the IAS? Please see below timeline.
• How come the IAS never advised me that I am late when I filed the appeal but the PPM was able to see my record and advise that I was not on time.
• As the road marking tarmac road vs cobble road was not properly marked. Can I use that as my defense? There was a parking sign though.
• Do I have any chance? If I have to pay, how can I keep it to minimum?

Timeline:

31/05/2018: PCN date

03/06/2018: First Appeal

15/06/2018: Date of Appeal Response/Rejection Letter: (21 days period was advised by PPM to appeal to the IAS)

21/06/2019: The IAS appeal. Strangely I didn’t receive any confirmation from the IAS and I can’t find my appeal in the IAS record either. Only confirmation of my appeal in IAS is the email from PPM that tells that I didn’t appeal in time.

14/07/2018: Reminder Notice (28 days period was advised to appeal to PPM)

25/07/2018: Second Appeal

02/08/2018:PPM advised that According to the IAS system, I did not complete the appeal in time. I did not follow up believing that the IAS will message me with some update.

01/04/2019: Court letter

Please advise if more info is needed

Quentin

AEveryone is asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread

Now that this has progressed to a claim ( which is usually inevitable when dealing with IPC companies) concentrate on #2 in the FAQ which advises on how to deal with court cases right through to the hearing with advice on preparing the defence

Your priority is to do the AOS if not done already - you only have 14 days to respond to a court claim, if you don't respond in that time the claimant can ask for judgement against you by default - see the info on your court docs!!

(You will see in #1 of the FAQ the futility of appeals to IAS!)

The_Deep

This is a scam. Get your MP involved.

On 15th 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.

KeithP

What is the Issue Date on your Claim Form?

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

Coupon-mad

After 6months I have now received a court claim of £241. I am preparing defence but bit lost on what ground I should defend?

Have you read the 2nd post of the NEWBIES thread now and found the defences, and done the AOS?

Salman1

Thanks. yes, I've read all sections (including #2 and FAQ). I've submitted the AOS.

Quentin wrote: »

AEveryone is asked to read up on this in the newbies faq thread near the top of the forum before starting a new thread

Now that this has progressed to a claim ( which is usually inevitable when dealing with IPC companies) concentrate on #2 in the FAQ which advises on how to deal with court cases right through to the hearing with advice on preparing the defence

Your priority is to do the AOS if not done already - you only have 14 days to respond to a court claim, if you don't respond in that time the claimant can ask for judgement against you by default - see the info on your court docs!!

(You will see in #1 of the FAQ the futility of appeals to IAS!)

Salman1

Thanks for the link, I am just sending complain to my MP.

Salman1

Issue date on claim form: 01/04/2019
Court address: County Court Business Centre in Northampton


I've already submitted AOS.

KeithP wrote: »

What is the Issue Date on your Claim Form?

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

Half_way

I'm assuming you have already checked with the local authority to see f the road where you parked is adopted and maintened by them

Salman1

Thanks. yes, I've read all sections (including #2 and FAQ). I've submitted the AOS.
Need guidance for defence based on my case which seems quiet complicated due to multiple correspondence and miscommunication.

Coupon-mad wrote: »

Have you read the 2nd post of the NEWBIES thread now and found the defences, and done the AOS?

Salman1

Local authority were not very supportive. And my place where my car was parked is not clearly shown under local council's map for CPZ. It's a new built area.

Half_way wrote: »

I'm assuming you have already checked with the local authority to see f the road where you parked is adopted and maintened by them