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Help with County court claim

leighross
leighross Posts: 79 Forumite
Fourth Anniversary 10 Posts Name Dropper
edited 7 February 2020 at 4:06PM in Parking tickets, fines & parking
I need help with a county court claim form. From which a car parking ticket was issued late August 2018. I didn't know about it. Think I had one or two letters which I just throw away, not thinking much about it. Only to a few years later receive this. The car went onto a car park (private land) which there was a cash for clothes in which the sign said free 10mins parking. I am a single mum of two kids. Money has been very tight since my kids dad is not at all supportive. I am trying to fill out the form by myself online and don't know what to put or what to say and worried I'm going to have to pay £250 for this. Any help please 
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Comments

  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) Edit your post, do not tell the entire world who drove. THE DRIVER parked...
    2) Tell us who the parking company is
    3) Tell us the ISSUE DATE of the form. At the top. 
    4) you MUST then go and acknowledge the claim ONLINE. You will *not* fill out *any* paper form, ever. You will do this all electronically. 
    5) Tell us which car park it is. What do they allege - an over stay> Do you know if the driver DID overstay?
  • Thank you for your reply @nosferatu1001
    1) Thank you for that. Will be using
    2) the parking company is BW legal who is working for Premier park limited. I'm not sure which one you mean so added both.
    3) I got it yesterday dated 05 Feb 2020 (the pcn was issued on 30/08/2018 at 17:47:00)
    4) I was trying online and didn't know what to put. I got to - please state my defence in a maximum of 122 lines in box below. 
    5) it doesn't state an overstay or not paying.
    It reads the particulars of claim : - 
    The claimants claim is for the sum of £110.48 being monies due from the defendant to the claimant in respect of a parking charge notice (pcn) issued on 30/08/2018 (issue date) at 17:47:00 at The Quadrant Shopping Centre Dunstable (Anpr) 17-19 Broadwalk Dunstable LU5 4RH. 
    The PCN relates to my car now (details.)
    The terms of the PCN allowed the defendant 28 days from the issue date to pay the PCN but the defendant failed to do so. Despite demand having been made, the defendant has failed to settle their outstanding liability. 
    The claim also includes Statutory interest pursuant to section 69 of the county courts act 1984 at a rate of 8% per annum a daily rate of 0.02 from 30/08/2018 to 04/02/2020 being an amount of £10.48.
    The claimant also claims £60.00 contractual costs pursuant to PCN Terms and conditions. 
    With that £170.48 court fee £25.00 legal cost £50 total amount is £245.48.

  • 1505grandad
    1505grandad Posts: 4,005 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    3) I got it yesterday dated 05 Feb 2020 (the pcn was issued on 30/08/2018 at 17:47:00)
    The question was "issue date of CLAIM form".
  • Yes the issue date is 05 Fed 2020 on the claim form. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    1) Yet you havent edited your post. Do so. Now. Parking companies read this forum.
    2) Premier park - not sure they met POFA2012 compliance in 2018, hopefully other regulars can confirm or not. 
    3)  If the issue date is 5th Feb 2020, then you MUST NOT acknowledge the claim until the 10th Feb. You will do that online, following the instructions in the NEWBIES THREAD, 2nd post. 
    4) YOu will NOT enter a defence yet! You should not even have clicked "start defence". Use the nebwies thread instructions to ACKNOWLEDGE the claim. 
    5) Do YOU know what the problem was?
  • @nosferatu1001 I'm new to this and didn't know what you meant by number 1) also I have no idea where to find newbies thread or 2nd bit you mean. I just seem to be giving myself a headache by reading so much but not knowing what to do. 
    5) yes i know. Well I think, I'm not too sure to be honest.
    Thank you for your replies. Any help would be amazing 
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    ,,, worried I'm going to have to pay £250 for this. Any help please 

    Costs in the small claims court are capped and, unless you misbehave, unlikely to exceed £175 -200.  Any more and the solicitor is likely to be asking for an unlawful amount, read this,

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

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




    You never know how far you can go until you go too far.
  • I still don't know what to do if I'm honest. I want to deal with this and get it sorted and put to bed. I've read the links just sent in. I will now look into contacting my local MP which I need to start a fresh with as never had to do before as well. 
  • nosferatu1001
    nosferatu1001 Posts: 12,961 Forumite
    10,000 Posts Third Anniversary Name Dropper
    Youve been told what to do! Get the claim acknowledged AFTER the 10th to give you 33 days to file a defence. 
    Youve been told where to go to find the instructions on this - the very 1st page has the newbies thread stuck near the top. You cannot possibly miss it UNLESS you are using a phone. If youre using a phone, you cannot do so. Tablet or laptop only. 
    1) Clieck the "cog wheel" button thats next to your very first post. This says EDIT. Then EDIT your post so that when someone reads it *they cannot work out who drove your car*. This is not an onerous task. 
    5) if you know what the alleged problem was, then telling us would be really useful.
    Dont contact your MP yet
    Work out your defence first. Your defence has a deadline which, if you miss, they get awarded the amount on the claim form. 
  • Found the forum and I was using my phone sorry. Because I've started the process online could I still fill it out on the 10th or have I passed this now? Also I think it would be no payment was made. (5)
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