New County Court claim from PE

flamjam

I received my county court claim forms on 18/02/2021 which were dated 15/02/2021 and completed my AOS on the 19/02/2021 via MCOL
I am the registered keeper of the vehicle in question. But  have not informed them who the driver was
the claim is for 4 seperate charges of £100 each, which were issued within a week of each other. The alleged offences took place on "Home Bargains" car park, the ANPR for PE was only put in place the week before these offenses took place, after checking with local council, no planning permission was obtained. The driver did write to Home Bargains to complain but never received any reply.
On the signage at the entrance it states the car park is for "Home Bargains" and "Post office" customers ONLY.. the driver was neither so surely the driver isnt part of any said contract?
All letters from PE and Debt recovery agents were ignored and didnt appeal any of the charges.
Although the driver in question, admits to accessing the car park, he denies parking on the car park, as his friend lives adjacent to the car park and has some land to rear of his property which is only accessible via the car park. which he parked there. (the house in question is the white building in the images, and the image with the red circle is the land which belongs to the owner of the house) The owner of this property had agreed to sign a letter to verify he gave permission to park on his land.
Any advice of what would be my best form of defence based on the info given.. thanks in advance

KeithP

flamjam said:

I received my county court claim forms on 18/02/2021 which were dated 15/02/2021 and completed my AOS on the 19/02/2021 via MCOL

What time of day on 19th February did you file an Acknowledgment of Service? I am going to assume it was after 4pm. Please confirm.

With a Claim Issue Date of 15th February, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 22nd March 2021 to file your Defence.

That's four 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 at the second post in the NEWBIES thread.

Don't miss the deadline for filing a Defence.

flamjam

Thanks for your quick reply, yes it was after 4pm

KeithP

flamjam said:

Thanks for your quick reply, yes it was after 4pm

That's good, then everything in my previous post still stands.
If it had been any earlier you would've lost three days Defence preparation time.

D_P_Dance

The driver did write to Home Bargains to complain but never received any reply.

Write again, if the still ignore and it goes to court bring it to the attention of the judsge.  Have you complained to your MP/

nosferatu1001

So to be clear: the driver accessed another parcel of land, tyhat is where the car was parked? Presumably PE did NOT put cameras up to monitor this?
Do you have a google map showiung this?

Umkomaas

An aerial view would provide additional context to the photos.  

flamjam

nosferatu1001 said:

So to be clear: the driver accessed another parcel of land, tyhat is where the car was parked? Presumably PE did NOT put cameras up to monitor this?
Do you have a google map showiung this?

There is only 1 camera on the car park, which is located at the entrance. I have marked this as "X" on the image, and the circle is where the car was parked

flamjam

There is only 1 camera on the car park, which is located at the entrance. I have marked this as "X" on the image, and the circle is where the car was parked

Umkomaas

flamjam said:

There is only 1 camera on the car park, which is located at the entrance. I have marked this as "X" on the image, and the circle is where the car was parked

How do you get in and out of that parking spot if all the retail park bays in front of it have cars parked in them?

flamjam

Umkomaas said:

flamjam said:

There is only 1 camera on the car park, which is located at the entrance. I have marked this as "X" on the image, and the circle is where the car was parked

How do you get in and out of that parking spot if all the retail park bays in front of it have cars parked in them?

If cars are parked in front of it then you can’t park there or move your car,  very rarely does the car park get full if at all. Been parking there over 5years without any major issue of getting in or out.