Varley Park University of Brighton - County Court Claim

basher52

I am the registered keeper but was not driving the car at the time. Driver was a known parson starting university. Parked in Varley Park (university halls of residence) for various reasons and has four PCN's from One Parking Solutions, Worthing. Reading numerous threads, I ignored the threatening letters but have now received a Northampton Court claim in the name of One Parking Solutions for the four tickets. Cost £560 plus interest, plus court costs. I understand that One Parking Solutions are no longer looking after parking at Varley Park. Are there any grounds for me to contest this claim?

basher52

Further information. Claim dated 28th Nov and I have acknowledged it, giving me until 31st December to file my defense. PCN's were issued October and december 2018

Le_Kirk

You ignored the threatening letters but you also ignored the PCNs which you should not do. You either pay them (not recommended on here) or you appeal. Too late for that now. Go to the NEWBIE sticky post # 2 and look at the 17 pre-written defences. Also, if you were not driving, look carefully at the PCNs (oh you don't have them) to see if they were POFA compliant and can hold the keeper liable for the driver's actions. To get copies of the PCNs, submit a SAR to the DPO of the PPC. All acronyms are in NEWBIE sticky post #5.

Redx

Read the newbies faq sticky thread near the top of the forum , post #2

Read the abuse of process thread by beamerguy

Read the CEC16 thread regarding the CRA too

Email a SAR to the DPO at OPS with a copy of the claim form attached to obtain all the documents and pictures and data about you and your vehicle

The_Deep

They may well have shot themselves in the foot by claiming for more than the law allows, read this

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

[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.

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][/FONT]

Umkomaas

Which will be your nearest county court for the hearing? Coupon-mad and ParkingMad are hot on the heels of OPS and may be interested in your case, depending on location.

basher52

The driver is in Brighton. I live in Bromley but could I choose Brighton?

basher52

Where can I find Newbies!! Sorry but cannot navigate, still learning

Redx

Top of the forum , third thread down , below the new thread options , but ABOVE this thread

I believe you can choose Brighton court or wherever you like , but that is after your defence has been emailed to the CCBC

Bear in mind if they do not know who was driving , the claim form will have the keeper details on it , in which case stay as keeper , the driver has nothing to do with the case

waamo

basher52 wrote: »

Where can I find Newbies!! Sorry but cannot navigate, still learning

There are links in blue at the very top of the board. This is the Parking Tickets Fines and Parking board. Just click on the blue link that says that.

You don't even need to navigate away from this page. Just scroll up.

KeithP

basher52 wrote: »

Claim dated 28th Nov and I have acknowledged it, giving me until 31st December to file my defense.

As you say, with a Claim Issue Date of 28th November, and having filed an Acknowledgement of Service in a timely manner, you have until 4pm on Tuesday 31st December 2019 to file your Defence.

That's nearly three 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. No need to do anything on MCOL, but do check it 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 trying to keep you under pressure. Just file it.
   
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.