Bank park management country court claim

alikhan87999

I parked my car on the 17th of April 2020 in West Bromwich Farley centre. I tried to buy a ticket but the parking meter was covered in a big leather bag so there was no way to buy a ticket or even purchase it online and there was no instructions on what to do. So I carried it on and left my car there and I thought maybe they’ve done that because of the lockdown. So after a few weeks I received a few letters for receiving a fine. The car is under my name but I wasn’t the driver at the time. I ignored the letters and today I received a country court claim. What do I do? Do I reply to the court or ignore and how do I appeal against this as it was not my fault. Can someone please help me. Thank you 

KeithP

Hello and welcome to the forum.

What is the Issue Date on your County Court Claim Form?

Le_Kirk

Did you see the NEWBIE sticky that everyone is advised to read?  It is one page one of the forum near where you clicked on NEW THREAD button.  It will give you the advice you need.

Umkomaas

I parked my car 

The car is under my name but I wasn’t the driver at the time. 

Well those two statements can't both be true!

Do I reply to the court or ignore and how do I appeal against this as it was not my fault.

Ignore it only if you want 6 year-long credit trashing, financial life affecting judgment in default.  Suggest you look closely at the NEWBIES FAQ sticky, second post.

Too late to appeal, but what did The Farley Centre say when you complained about this. Do they have any details about the hooding of the PDT machine?  Is there just one machine on the car park?  If more than one, were all of them hooded?

alikhan87999

Hi, the issue date of the county court claim is 10 September 2020. If I pay the full payment for the parking, will this not affect my credit score. And sorry I meant my sister was the driver but the car was under my name. It was my sister at the time. 

When I received the PCN, I ignored it for a few weeks but then a debt recovery company sent me a letter. I explained to them the situation that the parking machines were covered in black leather bags and they said they’ll close the case. However they didn’t close it and hence I’ve received the county court claim. There was too machines but both were covered and there was other drivers also that wanted to pay but couldn’t. 

Le_Kirk

alikhan87999 said:

Hi, the issue date of the county court claim is 10 September 2020. If I pay the full payment for the parking, will this not affect my credit score. And sorry I meant my sister was the driver but the car was under my name. It was my sister at the time. 

When I received the PCN, I ignored it for a few weeks but then a debt recovery company sent me a letter. I explained to them the situation that the parking machines were covered in black leather bags and they said they’ll close the case. However they didn’t close it and hence I’ve received the county court claim. There was too machines but both were covered and there was other drivers also that wanted to pay but couldn’t. 

Your credit record will only be affected IF you go to the small claims court and LOSE the case and then FAIL TO PAY before the deadline set by the judge, no one gets a black mark (or any sort of mark) on a credit record JUST for getting a claim form.

KeithP

alikhan87999 said:

Hi, the issue date of the county court claim is 10 September 2020.  

It has taken you a whole week to answer my question. Going forward, working in a timely manner is going to be important.

With a Claim Issue Date of 10th September, you have until Tuesday 29th September to file an Acknowledgment of Service, but there is nothing to be gained by delaying it. 

To file an AoS, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

Having filed an AoS, you have until 4pm on Tuesday 13th October 2020 to file your Defence.

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

To create a Defence, and then file a Defence by email, look again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service instructions.

Don't miss the deadline for filing an Acknowledgment of Service, nor that for filing a Defence.

Coupon-mad

alikhan87999 said:

Hi, the issue date of the county court claim is 10 September 2020. If I pay the full payment for the parking, will this not affect my credit score. 

Why would anyone even think of paying £250 or more now, when they can simply copy a template defence and get advice on how to pay nothing? Even if you were one of the rare 1% who lose in the end, you'd pay under £200! 

There is nothing to be scared of (no CCJ risk by defending, not even if you lost, because you could then pay - less than £200!) and the template defence is there for you.  Please ask us for help if there is something you don't understand, but read the NEWBIES thread post #2 to know what happens when and how to fill in the later Direction Questionnaire, and why not to agree to Mediation.


  AND - please now make a real difference - A TASK FOR SEPTEMBER.

The Government is (this month only) consulting about a new statutory code of practice (CoP) and framework to rein in the rogue parking firms.  Read and comment on the draft CoP proposal and the enforcement framework consultation, and get everyone you know to do the same.

You will need to register to comment on the CoP and enter an occupation even if you are retired or a homemaker, but otherwise it is easy to navigate, and comment upon each section/subsection individually. You can save comments to edit later and or submit comments once you are happy with them.

https://standardsdevelopment.bsigroup.com/projects/2020-00193#/section

You do not need to register to comment on the enforcement framework which can be found here. It has a link on page 5 to make comments.

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/913272/Code_Enforcement_Framework_consultation.pdf

At the very least, we say the parking charge level should be £50/£25 or higher level £70/£35, as per Council PCNs in E&W.  

And we say the added fake 'debt recovery' costs are just double counting the cost of letters, and MUST GO because that is unfair and illegal.

Please be heard.  You can bet the hundreds of PPCs will be commenting.

No apologies for repeating this vital 'call for action' to consumers, on every thread this month!

alikhan87999

hi
thank you very much for your help and much appreciated. Sorry for the late replies. 

Do you guys have a defence template for the county claim form. Also do I fill in the form online or send it by post? My sister was driving so do I tell them that it was my sister and provide her details. 

Coupon-mad

KeithP already told you where the template defence is, cunningly hidden in a top pinned thread called TEMPLATE DEFENCE.  That thread also tells you that it is TOO LATE to transfer to the driver now.

alikhan87999

I have received the directions of questionnaire from the county court and I will post that to the address as soon as possible but is there a deadline to send the directions questionnaire. Also do I need to send one to the claimant address or the solicitors that they have got if there is any. How do I know the address of the solicitors ? Thank you