Need help! Small claims court letter - Parking charge

hdotgwan

Hi,

I understand this is the best place for advice/help with defending against parking charges/claims, so here's my predicament...

I received a parking charge quite a while ago now, through the post; I was parking at a small local car park, my stay there was quite brief as I was just around the corner getting a haircut (I usually park outside the store but that day there were no spaces) - I was not aware that the car park was private, but obviously after receiving the letter, sure enough there were signs up stating that you require a permit to park there (please excuse the lack of factual detail as I am writing this on my break at work!). I believe the initial fine stated on the sign was £100 for not complying.

I believe that I took the wrong approach by ignoring letters following the initial letter claiming the monies. I started to receive the usual debt collector letters, I ignored these but then received a letter from the court - I responded to this letter by requesting a copy of the contract between the parking company and the landowner... this was ignored and after 4 weeks (post sending the request for a contract copy), I received a letter from the Northampton small claims court, this is where I got very concerned - They have drastically ramped up the charge to around £500 and seek it in full. I cannot understand how any parking charge can justify that amount of money and is partly the reason I had been ignoring it (I do understand this was not the smartest move, and I admit I was a bit fearful of responding). I must say this is an urgent issue which I need to get responding to today, so if there's anyone out there that could give something to go off of, that would be great.

Small Claims Court letter received
So the more recent letter entails information about going to a small claims court, it is currently asking me if I would prefer to start a mediation process between me and the claimant, although it asks me for my reason? I'm not sure what I would say to this, but I would imagine this is my best route in terms of not going to court. Should I just ask to pay the fine in monthly sums? There are also questions similar but asking if I accept the charges, and if not, why I do not...

Thank you in advance for any suggestions.

Kind Regards,
hdotgwan

Coupon-mad

received a letter from the court - I responded to this letter by requesting a copy of the contract between the parking company and the landowner... this was ignored and after 4 weeks (post sending the request for a contract copy), I received a letter from the Northampton small claims court, this is where I got very concerned - They have drastically ramped up the charge to around £500 and seek it in full.

What defence did you put in, word for word?

Please read the NEWBIES thread post #2 and the links to bargepole's court procedures thread linked under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

It tells you why not to agree to Mediation and how to complete that N180 form.

beamerguy

Who is the parking company and who is the solicitor.

Has their been any explanation as to the £500 ??

hdotgwan

Coupon-mad wrote: »

What defence did you put in, word for word?

Please read the NEWBIES thread post #2 and the links to bargepole's court procedures thread linked under the red heading 'IMPORTANT - KNOW WHAT HAPPENS WHEN'.

It tells you why not to agree to Mediation and how to complete that N180 form.

Hi Coupon,

Thank you for the quick response, and apologies for not finding that information sooner - I just read through the suggestions on that thread, although I'm not sure how well I would do in court.. I have never been before and have no legal experience, so not so confident there. For example the fact I ignored the numerous letters for the charge may play against me?

Unfortunately I have no copy of what I sent to them originally so i'm not certain on what I said word for word, but it would have been something similar to "As the defendant to the proposed claim, I would like to request a copy of the claimants contractual agreement between themselves and the land owner." - I'm not sure if this is valid enough, but I didn't get a response to it...

I also am wondering if it's worth asking to simply pay the original fine of £100 plus legal fees? At this point I might even be happy to do that (if they allow it) to avoid the hassle of court.

Thanks,
hdotgwan

hdotgwan

beamerguy wrote: »

Who is the parking company and who is the solicitor.

Has their been any explanation as to the £500 ??

Thanks for the response beamer,

I'm at work at the moment but will be home this afternoon so I will respond with parking company's name and solicitor, as for the £500 - I believe not, they have upped this as time has gone on and now are adding legal fees on top.

Thanks

beamerguy

hdotgwan wrote: »

Thanks for the response beamer,

I'm at work at the moment but will be home this afternoon so I will respond with parking company's name and solicitor, as for the £500 - I believe not, they have upped this as time has gone on and now are adding legal fees on top.

Thanks

OK, well don't worry there is a huge scam element in this and the courts have seen through these fakers

The_Deep

Is a solicitor involved? If so they appear to be asking a lot more than the law allows, fraud in my book, so make a formal complaint here.

http://www.sra.org.uk/home/home.page

Also read this

https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal

and include it in your defence.

Nine times out of ten these tickets are scams so complain to your MP.

Parliament is well aware of the MO of these private parking companies, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. 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, persistent offenders denied access to the DVLA database and unable to operate.

Hopefully life will become impossible for the worst of these scammers, but 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.

hdotgwan

Hi all,

I'm not sure as to whether the solicitor is involved or not, the most recent letter I have to hand here is the 'Notice of Proposed Allocation to the Small Claims Track' - Within the letter it asks a few questions like 'Do you agree to this case being referred to the Small Claims Mediation service?'

Also, the Claimant is 'Civil Enforcement Limited'.. this did however originate from a parking ticket so i'm not sure why it doesn't say the parking company's name?

Any response is greatly appreciated, thank you and apologies as i'm not very experienced in this particular field..

Regards,
Hdotgwan

hdotgwan

beamerguy wrote: »

OK, well don't worry there is a huge scam element in this and the courts have seen through these fakers

Hi Beamer,

Back home now and can see the claimant is 'Civil Enforcement Limited' - do you think it's best I just pay the fine, if so would they let me pay the original balance plus any legal fees?

Regards,
Hdotgwan

KeithP

hdotgwan wrote: »

Also, the Claimant is 'Civil Enforcement Limited'.. this did however originate from a parking ticket so i'm not sure why it doesn't say the parking company's name?

But the parking company's name is Civil Enforcement Ltd, isn't it?

Coupon-mad

Yes, known as CEL on here - search CEL defence and you will see loads of cases.

I have never been before and have no legal experience, so not so confident there.

Nor are any of our posters who come here and then rock up to court and win!

For example the fact I ignored the numerous letters for the charge may play against me?

Not at all. This is CEL and a scam PCN. Loads of people ignore their letters.

We almost never see a CEL case lost, and it is NOT worth offering to settle.

How can it be £500? Can you break that down as shown on the claim form?

Do you qualify on income grounds for help with Court fees? Google it to check, as if you do then you can amend the defence and not pay the usual £100 fee.