Private Parking fine - Court letter

Chin_Upson

Hi there...


So having taken the "just ignore private parking fines" approach for years, without much hassle, I get a letter through the post today from what appears to be Northampton County claims court.

This is in relation to a £50 fine from "ParkingEye", for parking at the Crowne Plaza in Stratford-Upon-Avon earlier this year (for about 20 minutes)...

They had previously sent a number of letters which I duly binned and now the court letter is asking for £175

I have the option to pay the £175, pay a portion OR defend the case...

My first instinct is to admit defeat (after a good run) and just pay it...but since I genuinely didn't see the private parking signs, I wonder how I should try to defend the case?

I have read the NEWBIES thread and so following the advice to start my own thread. I couldn't find any previous threads relating to this particular car park.



I had not seen (may have missed, sorry) any advice for idiots like me who binned all previous letters from PE and did not appeal via POPLA.


Thanks all in advance

Le_Kirk

You won't find specific car parks in the NEWBIE sticky but you will find help and advice in post # 2 of that thread. First, tell us the issue date of the claim form, second submit the AoS on-line using your Government Gateway account (if you don't have one, get one, it takes a few days by post). Read how to do it by following the dropbox link in post # 2. When submitting the AoS DO NOT put anything in the defence box, not even a full stop. Third read some or all of the 17 pre-written defence examples to see which one suits you best and adapt it to suit. Post it here for critique.

Search the forum for examples where posters have defended claims in that particular car park.

Chin_Upson

Thanks, Le_Kirk..


The issue date of claim form is 21st October 2019.


Where can I find the pre-written defence examples?

KeithP

Chin_Upson wrote: »

The issue date of claim form is 21st October 2019.

With a Claim Issue Date of 21st October, you have until Monday 11th November to do the Acknowledgement of Service. If possible, do not do the AoS before 27th October, but otherwise there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.

Having done the AoS, you have until 4pm on Monday 25th November 2019 to file your Defence.

That's over four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.


When you are happy with the content, your Defence could be filed via email as suggested here:

Print your Defence.
1. Sign it and date it.
   
2. Scan the signed document back in and save it as a pdf.
   
3. Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
   
4. Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
   
5. Log into MCOL after a few days to see if the Claim is marked "defence received". If not chase the CCBC until it is.
   
6. Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are just trying to keep you under pressure.
   
7. Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.

Chin_Upson wrote: »

Where can I find the pre-written defence examples?

In post #2 of the NEWBIES thread. There's a link to that thread earlier in this post.

Chin_Upson

Thanks Keith.

Chin_Upson

Two basic questions I am not clear on currently;


- If I defend the claim, is the worst case scenario I lose and have to pay the £175? Or will I potentially incur more charges?


- Will I ever have to appear in court myself?

KeithP

Chin_Upson wrote: »

- If I defend the claim, is the worst case scenario I lose and have to pay the £175? Or will I potentially incur more charges?

Probably no more than £200 total.
Now... let that be the end of talk about losing.

Chin_Upson wrote: »

- Will I ever have to appear in court myself?

Probably. Does that concern you?

Have a look at this short video:

www.youtube.com/watch?v=n93eoaxhzpU

The_Deep

[FONT=Times New Roman, serif]It is not a fine, it is an invoice from an ex- clamper for damages for the harm they allege they suffered when you did what you did. We call it a scam. Pay them not one penny unless a judge so orders it.[/FONT]

[FONT=Times New Roman, serif]Nine times out of ten of these tickets are scams so consider complaining to your MP, it can cause the scammer extra work.

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.

[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]

Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT]

Chin_Upson

Hi there,


Quick update to say I have just completed the AOS online.


Post 4 on this thread suggests I submit my defence via PDF /email.


So I gather I do not use/ignore the online defence response form on the MCOL dashboard?


Thanks

The_Deep

Have you read this?

<a href="https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegalthis">h[URL="https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegalthis]]"]ttps://forums.moneysavingexpert.com/showthread.php?t=6014081this[/URL]]]

They appear to be claiming more than the law allows

Le_Kirk

Chin_Upson wrote: »

I gather I do not use/ignore the online defence response form on the MCOL dashboard?

Correct, do not even put a full stop in there, else that will be deemed to be your defence.