Court date 28th August - would really appreciate some guidance

harpersuze

Hi Guys
I have read though the threads i can find on the court hearings however I cant find the specific information i feel i need!

background - parking fine on private land (managed by EXCEL PARKING) for parking beyond bay markings - ticket was purchased correctly - parking ticket on the car had incorrect regisitration number on it and my daft husband decided to email them to explain as the ticket was incorrect, he would not be paying, this was done from a work email with work address on the email.
They have since sent correspondance over 5 years to the work address and despite many calls and emails to explain that the car is not registered to the business, ELMS LEGAL have now issued a court date for 28th August.......... I found this out today!! 

We now have a small claims track hearing, cut off date was 31st July (as I said, I was told about this today 12th Aug) 
so my question is what do I do next? is it too late to present a defence? 

many thanks in advance

Redx

Any defence should have been submitted months ago

Have all the court papers from the CCBC and from the court been ignored ??

Ignore is a bad idea , ignoring Court papers is very foolish

harpersuze

yes apparently husband submitted the defence to the CCBC last year, he has passed me this information this morning and told me to 'just pay it' however I want to see if we had any time or options of defence

Redx

Post the defence here so we can look at it

Because he put a defence in , NO he cannot put a second one in , to answer your earlier question

Missing the deadline for his WS plus Exhibits plus summary costs assessment mean he has defied a court order

harpersuze

here is the defence

Le_Kirk

Well that is deficient as a defence not only because it is extremely short and doesn't have a comprehensive set of legal and technical arguments but is totally different to what you said in your OP, unless the claimant has issued papers for the wrong VRM but if that is the case how did they obtain the name and address of the registered keeper, presumably your husband.

D_P_Dance

Nine times out of ten these tickets are scams, so consider complaining to your MP., it can cause the scammer extra costs, and in some cases, cancellation. 

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 later this year,

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

harpersuze

Le_Kirk said:

Well that is deficient as a defence not only because it is extremely short and doesn't have a comprehensive set of legal and technical arguments but is totally different to what you said in your OP, unless the claimant has issued papers for the wrong VRM but if that is the case how did they obtain the name and address of the registered keeper, presumably your husband.

Hi
my husband emailed from his business email and therefore they have used that address in the correspondence. 
we did own the car however this was personal, not the business.....the registration number was recorded incorrectly on the parking ticket so they cannot trace it

KeithP

Who is the named Defendant? Is it your husband or his employer - a Limited company?

harpersuze

KeithP said:

Who is the named Defendant? Is it your husband or his employer - a Limited company?

he is named along with the company name (Ltd company)

Fruitcake

If the scammers used ANPR scameras, or a parking operative recorded the VRM correctly, they could have obtained the keeper's address from the DVLA. What was written on the NTD would be irrelevant in that case and the NTK would have been sent to the vehicle keeper at the address held by the DVLA.
If this has never happened because the scammers recorded the incorrect VRM perhaps the scammers never obtained the correct keeper details. 

I suggest you ask the DVLA who obtained keeper details and when for the correct VRM from a date just before the alleged event until now. Also ask for proof that you have never been the keeper of a vehicle with the other VRM.
State that you believe this service is free. You will need to supply proof of ID such as a copy of the V5C or redacted utility bills.