Small Court Claim - What is the maximum you can be charged?

Stella11

Hi all,
new to the forum, and I've had a read through the various posts on what to do in case of a parking fine.
I am quite confident that I know what to do and I understand what I can and can't say in an appeal, however, having read the feedback on CPM Car Park Management, I am not too confident that I can win the appeal and I wanted to understand what are the economical risk of not paying once I lose the appeal.
To sum up my situation, I have been parking in the securely gated car park (only accessible via fob) at my boyfriend's house overnight for 3 months and never had any fine.
This morning I see a PCN on my windscreen and realise that the notices across the car park state that it is a resident only car park. We have tried asking the landlord to cancel but there is nothing he could do.
Now I understand that I can submit the Appeal in BLUE once I receive a letter home, and if this is rejected I can then appeal to IAS. Given the circumstances, I am not confident that I can win the appeal.
My question then is, what is the worst that can happen if I am summoned to court for a Small Claims? Will this incur in charges over £100, or is financially practicable to risk going into asmall claim case? I understand that the recommendation is not to pay, but I don't want to end up with a £500 bill in the end.
Every advice is greatly appreciated.
Thank you

BrownTrout

The small claims track is normally 10k....

twhitehousescat

do car reg numbers have to be given to landlord or whoever? , or is it anyone with a fob can park

Stella11

Residents get a parking permit, so yes I guess they have to give their plate numbers

Fruitcake

It is not a fine.

The maximum you could pay in the small claims court is £10k as already mentioned, but for a parking invoice the maximum should be no more than about £175 - £200 if you lose, and £95 to you if you win.

It is important to find out what your boyfriend's lease/AST says about parking. Just as important is what I doesn't say about parking. Digging out the lease is your priority while you wait for the NTK.

By all means make the initial appeal using the blue template from the NEWBIES, but do not try an IAS appeal. This is explained in the NEWBIES.

You should get pics of the site and signage asap, and complain to your MP about this unregulated scam.

Coupon-mad

I wanted to understand what are the economical risk of not paying once I lose the appeal.

As others have said, about another £75 - £100 if you are a VERY rare loser here.

The_Deep

Have you read this?

https://parking-prankster.blogspot.com/2016/11/residential-parking.html

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

Stella11

Thank you all for the replies.
Is there a template to use to complain to MPs at all?
We just did some digging on my boyfriend lease agreement and there is nothing there that mentions the need of a permit as the car park was only taken over by CPM car park management in November 2018.
The letter below was sent to all residents to inform them of the new parking arrangements:

Dear Residents,
26th November 2018
RE: CAR PARKING PERMITS
We are writing to inform you that we have now installed a car parking system which will be monitored and managed by UK Car Park Management (CPM). This will be effective from the 3rd December 2018.
Your permits will be delivered by hand in your letterboxes along with a letter from CPM with the permit attached explaining and outlining the parking restrictions.
The reason for the permit system is to stop any unauthorised vehicles belonging to non-residents taking up the car parking bays. As a result, we have received many complaints about parking from residents who have had to find alternative parking.
Please ensure that your permit is displayed in your vehicle at all times to avoid any penalty charges from CPM. Greystone Lettings will not be held responsible for any tickets or fines received as a result of the permit not being displayed or reported stolen or lost. This matter should be taken up directly with CPM.
Please also note that there is strictly NO VISITOR PARKING. Should you have any visitors then they must find an alternative parking solution.
Should you have any questions regarding the above, then please do not hesitate to contact the office.
Yours Sincerely
Sukhdev Bajwa
Director
Greystone Lettings Ltd

What's everyone thoughts on the above and do i have any chance of winning this?

Coupon-mad

Nothing has changed. Your BF was there first and had primacy of contract. You need to read other residential threads by searching the forum and get confident!