Court Summons Received - ignored all previous letters - what now?

MiguelCotto

Hi I parked for over 2 hours in a local supermarket that I used for my shopping, got a ticket. I normally pay them if I'm in the wrong and it's reasonable but felt this one was a bit extortionate and after cursory read on internet I thought I could ignore it. I've read the newbies post but I'm getting a little unsure what to do. CEL are asking for about £250. I overstayed so have I still got any kind of case? I've read how they don't turn up, registered keeper and so on.

I'd appreciate some advice. Can I contest it? I have no evidence from them. I threw all the letters away. I don't even know the date of the contravention. In my naivety I never thought it would go this far.

I've had the letter 3 days. I get paid a day rate at work so if this takes up loads of time it might be cheaper for me to pay it. Any help appreciated.
M.

Half_way

when you who you normally pay them, I hope you mean that you normally pay cut your shopping.
Who's car park was this?

MiguelCotto

Thanks for reply. I meant I'll normally pay a legitimate parking fine. Which is why I didn't pay this one I suppose... it was a Budgens car park.

I'm reading about a SAR request and some of the other items but I find it's not very clear what process to follow when I'm at the stage I am at. - should i still proceed wit ha SAR request
I'm assuming I need to put together a defence and post it here but this is where I may need some help - what is my defence? It would have to be signage and then any other legal angles that you experts are aware of. I've now sold the car.

Redx

post the issue date on your claim form below

email the SAR to the DPO at CEL asap , with a copy of the claim form as proof of ID under the GDPR to obtain ALL THE DOCS AND PICS AND DATA aboutyou and your vehicle

then start drafting your defence , there are 17 example defences in that newbies thread , 2 by bargepole , so start with the concise defence , add the ABUSE OF PROCESS paragraphs from the thread by beamerguy and also include the recent reference to the Caenarfon court case too in this abuse section

address the POC listed on the claim form, no landowner authority and poor and inadequate signage

then let us see it below, minus personal info

those legal angles and poor signageand abuse etc are all in other recent court case threads from 2019, hence read a dozen recent cases , especially CEL court cases


ps:- its not a summons as this isnt a criminal matter, its a money claim from the CCBC in Northampton, definitely NOT a summons , you wont find that legal word on your paperwork at all

The_Deep

CEL are asking for about £250

That is far more than the law allows. If this were to get to court a judge might throw it out, read this,

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

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

Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, 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

Le_Kirk

I've had the letter 3 days

What letter? Is it a letter before/of claim or real court papers (claim form) from Northampton CCBC? If it is court papers, then you need, as Redx states, to post here the issue date of the claim form and you can then be advised what deadlines you have for AoS and defence submission.

MiguelCotto

This this is great, thanks all.

Issue date of Claim is 23rd Sept 2019.

I have sent the SAR in correct format with attached PDF of the Claim form today - 27th Sept.

• It mentioned sending a letter to Gladstones or BW Legal - On the form the claimants legal rep is themselves CEL - So I'm assuming i can skip that step.
• I read they have up to 1 or 2 months to respond - When I submit my defence with Claim form do I get allocated more time?
• @redex - you said "address the POC listed on the claim form, no landowner authority and poor and inadequate signage - What do you mean by this - Do I title my defence this or actually write it in the space by the POC section?

I'll write my defence & post back - it's the process I am unsure of.
Thanks again all.

MiguelCotto

What letter? Is it a letter before/of claim or real court papers (claim form) from Northampton CCBC

Yes a claim form - the letter before claim I just thought was another scary letter so went in the bin.

Half_way

MiguelCotto wrote: »

Thanks for reply. I meant I'll normally pay a legitimate parking fine. Which is why I didn't pay this one I suppose... it was a Budgens car park.

Unlike the fines you may have paid in the last, this is an entirely different thing, as its a private parking charge notice.
It's very important that you never pay a private parking charge notice as dining so can cause issues further down the line.

If this is a Budgens car park, did you complain to the store/budgens?
You need to bring the site owner in on this.
Even if court proceedings/passers have been issued if you can get the site owner (ie budgens) to withdraw support over this it can stop the claim.

MiguelCotto

If this is a Budgens car park, did you complain to the store/budgens?

No I haven't, I ignored it but could pop up there today. They know my face and a waitrose is about to open so I would expect them to be onside.

Are you aware of any 'format' that helps things along - i.e should I go with a letter that the manager can just sign kind of thing - How do they formally withdraw support?

waamo

MiguelCotto wrote: »

No I haven't, I ignored it but could pop up there today. They know my face and a waitrose is about to open so I would expect them to be onside.

Are you aware of any 'format' that helps things along - i.e should I go with a letter that the manager can just sign kind of thing - How do they formally withdraw support?

All they need to do is tell the ppc to cease enforcement. They are the employer and the ppc the employee. There are no "magic words" that need to be used.