Not sure I have any way out of this fine at CC stage

edited 21 December 2020 at 1:20PM in Parking Tickets, Fines & Parking
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ChanelleyChanelley Forumite
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edited 21 December 2020 at 1:20PM in Parking Tickets, Fines & Parking
Hi all
I've tried researching into this but couldn't really find an answer.
I have outstanding cases with BW Legal right now. One of them has been referred to Northampton County Court from Jan 2019 (I thought they went away after 6 months of chasing, but clearly not!). 
It's for parking at my local train station via NCP. I throw away all letters that have BW Legal on the front and so haven't engaged with them. Once earlier this year, they called me and tricked me into giving information about myself (email, phone number, etc) and when I realised who they are I hung up, but they have not called or emailed me since. I don't have any excuse for the parking ticket because quite frankly I do not remember that far back (but I was probably at fault for forgetting to pay due to running for a train etc).
This is the first time a private PCN has ever resulted in court claim and I'm bricking it. The reasoning behind their claim is:
The claim is for the sum of ££ being the contractual charge due from the Defendant in respect of a Parking Charge Notice for a contractual breach which occurred on (date) in the private car park/land at (location) in relation to (car). The PCN was issued as the Defendant failed to comply with the terms and conditions, as displayed. Despite demands, the charge remains unpaid. The Claim also includes Statutory Interest pursuant to section 69 of the County Courts Act 1984 at a rate of 8% per annum (date information). The claim also includes £60 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code of Practice.
I called them (stupidly) but didn't admit liability, just claimed I knew nothing about this fine and if they have my details why they didn't email me their chaser letters to ensure I was definitely getting them. They didn't answer, just gave me options on next steps. Defend myself in court or agree a payment plan. I said ok and hung up.
I know in one later case I tried to appeal because there are two companies both operating in one station car park and it's not clear where the boundary for which company is. The appeal was rejected, so I ignored further letters.
Do I have any defence to go back to the court with?
Thank you.
«13456

Replies

  • edited 29 October 2020 at 3:27PM
    RedxRedx Forumite
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    edited 29 October 2020 at 3:27PM
    None of them are fines , they are invoices for alleged breach of contract , a PCN

    6 years is the statute for raising a court claim

    Unless you live in Northampton , these won't be going to Northampton county court , you will choose your local court at DQ stage

    If you have court claims from the CCBC , share any issue dates ?

    Have you already filed a defence ? If yes , you cannot change it unless you pay £100 I believe

    Is the land private or owned by network rail ?

    Email a SAR to the DPO at the PPC , one to every parking company involved , attaching a copy of the claim form or your V5C as proof of I D under the GDPR law and obtain your data
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • D_P_DanceD_P_Dance Forumite
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    It is not a fine.  Have you not read the newbies?  Read  about land covered by bye-Laws
    You never know how far you can go until you go too far.
  • Le_KirkLe_Kirk Forumite
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    Are you sure it has actually been referred to Northampton County Court or is it the CCBC?  If you have a claim form, what is the date of issue of the form?  Have you done an AoS?  Have you written a defence?  Answer those questions and then spend some time reading the NEWBIE sticky (second post) on the first page of the forum where more answers will be forthcoming.
  • ChanelleyChanelley Forumite
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    Redx said:
    None of them are fines , they are invoices for alleged breach of contract , a PCN

    6 years is the statute for raising a court claim

    Unless you live in Northampton , these won't be going to Northampton county court , you will choose your local court at DQ stage

    If you have court claims from the CCBC , share any issue dates ?
    Sorry yes, not fines. Invoices.
    BW Legal said it would go to a local court, but it's all done on video these days anyway. 
    Issue date?
  • edited 29 October 2020 at 3:37PM
    RedxRedx Forumite
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    edited 29 October 2020 at 3:37PM
    Issue date of any claim form from the CCBC in Northampton is on the top right of the n1 claim form , please post that date below , plus if you have submitted a defence , post a copy of it below as well

    Answer all the other questions too

    Yes , your local court is where it goes , regardless of who deals with it or how (they are not all video hearings)
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • ChanelleyChanelley Forumite
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    Le_Kirk said:
    Are you sure it has actually been referred to Northampton County Court or is it the CCBC?  If you have a claim form, what is the date of issue of the form?  Have you done an AoS?  Have you written a defence?  Answer those questions and then spend some time reading the NEWBIE sticky (second post) on the first page of the forum where more answers will be forthcoming.
    CCBC with court address as Northampton.
    Issue date is 27th October 2020.
    Am in the process of doing AoS but not sure on what my defence is, that's my problem.
  • Le_KirkLe_Kirk Forumite
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    Thank you for the issue date, @KeithP will be along to give you some dates so hang fire in doing the AoS until you read his post.  You get more time if you wait 5 days after the issue date.
  • RedxRedx Forumite
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    Do not do the AOS yet , leave it until next week

    The defence is the coupon mad one at the top of this forum , linked via the newbies FAQ sticky thread

    The CCBC in Northampton is not a court , it's a government office like the DVLA in Swansea

    Please answer the other questions too
    Newbies !!
    Private Parking ticket? check the 2 sticky threads by coupon-mad and crabman in the Parking Tickets, Fines & Parking Board forum for the latest advice or maybe try pepipoo or C.A.G. or legal beagles forums if you need legal advice as well because this parking forum is not about debt collectors or legal matters per se
  • ChanelleyChanelley Forumite
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    Thanks will hold off on AoS. 
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