Parking fine private land now court

belle1941

I am writing to you because you seem to know your stuff, i am new and probably a bit wrong how i have gone about things so please don't shout at me. i sent this letter below to the parking company and Gladstones solicitors after reading parking forums and i really don't know who had my car that day.
I SENT THIS
I received a parking invoice from your private parking company. I am the owner of the above vehicle, For council-owned car parks and public roads, the blue badge scheme is run to enable holders to show that they have certain parking rights. however, the blue badge scheme does not apply on private land, has the alleged driver was parked in a disabled bay on private land they do not have to display a blue badge. I was not the driver at the time of the alleged offence, I don’t know who the driver was at the time of the alleged offence.
If you could stop sending me any further correspondence, I am sorry i can not help you any further with this parking invoice matter.

I THEN SENT THIS
To Whom is may concern
A copy of this has been sent to the appropriate named companies HX car management, Gladstone solicitors, county court business centre Northampton. I will be happy to go in front of a judge in person if this can not be resolved, i was not the driver of the vehicle at the time of the offence, no parking ticket was put on my car at the time offence maybe i could of resolved this, family, and colleagues use my car but no one is telling me who it was , i understand it is not illegal to park in a disabled bay on private land, the driver may have had reasons to park that is something you or i do not know, i feel i am been bullied into something i have not done, although i have tried to explain on the phone and by email to no avail.

They then said they would take me to court i now have a court date October 2019 to attend Bradford county court, have i gone about this the wrong way?? do i have any defence?? i am getting scared i was reading forums and it says the blue scheme does not apply on private land?? what should i do pay the £160 fine or go to court?? Thank you in advance i look forward to hearing from you

The_Deep

i understand it is not illegal to park in a disabled bay on private land,

No, but it could be breach of contract, and, if a judge says so, the PPC could be entitled to damages.

You are not being singled out, the law, (a very daft one imo) allows them to pursue the registered keeper and take him/her to court.

However, as nine times out of ten these tickets are scams, consider complaining 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.

Ralph-y

you urgently need to read through the newbies thread ... especially the section on court action


https://forums.moneysavingexpert.com/discussion/4816822


what is the service date on the court papers?


Ralph:cool:

belle1941

18th October

Redx

You asked if you had a defence ?

Unfortunately you have already submitted your defence and done the DQ seeing as this case is at Bradford court

Your witness statement, exhibits and costs schedule need writing and submitting to the claimant and to Bradford court by the due date on the court papers you were sent

Post them below for critique

Also post the defence you submitted to the CCBC too

The BB scheme does not apply on private land which is why HX issued the PCN, but the EA2010 applies

If you were not present on the day then the BB is irrelevant, because you must be present if using it

I hope that the BB holder isn't someone who thinks that a BB allows free parking for 3 hours anywhere in the country they should always read and follow the signage, including paying where necessary

What was the alleged infringement by HX ?

Non payment ?
Overstay ?
Incorrect use of the bay ?

Etc

The_Deep

I too am puzzled about how/why you mention a BB. Can you explain please?

Quentin

What did you send to the Court as your defence?


(If you have used your real name as your forum name then you need to ask MSE to change it to something anonymous


The PPCs monitor here and can use posts in your thread against you in Court

belle1941

sorry i don't know how to reply to each of you i am new to this, the person in question family member or a colleague used my car and parked in a disabled spot, i do not know for how long because no one would tell me who did it, my car is a pool car anyone uses it if needed, i do have my own personal car also. i read somewhere that its not against the law to park on private land you do not have to display the blue badge,i will check out the EA2010 has i don't know what it is.

Redx

THE EQUALITY ACT 2010 (EA2010) is what protects disabled people , which includes blue badge holders , it is a law enacted in 2010 that icorporated previous laws like the DDA 1995 , if none of you qualify then its irrelevant to your case

it is normal practice for a person who is disabled to put their BB on the dashboard even in a private car park, I do it all the time , no matter whose vehicle I am in , because the signs will always tell me to do so

if someone who is not disabled and does not possess a blue badge parked in a disabled spot, then they have no defence and a judge will take a dim view of it

if you are the RK of the vehicle , then you are responsible for that vehicle, so if HX have followed the law named POFA enacted in 2012 then you as keeper are liable, irrespective of who was driving

we still need to see the defence that you filed with the CCBC

I SUSPECT AT THE DRIVER FAILED TO PAY A PARKING FEE, AND/OR THEY PARKED IN A DISABLED SPOT WITHOUT DISPLAYING A BLUE BADGE

either way , you are the one carrying the can because its your name on the V5C

had this been a speeding notification, you would have similar problems only in a Magistrates Court , one of the dangers of being RK for a pool car

belle1941

Thank you should i just pay the fine £160? and this is a lesson learnt i will in future make sure the car is signed in and out dated and time when used thank you

Redx

I suggest you contact the claimant and negotiate a settlement figure out of court

I bet the court claim is for more that £160


the original pcn was probably £100