Parking Charge Notice now been referred to County Court

Patrickius

I have read numerous threads about people challenging Parking Charge Notices issued by private firms.  Defences including poor signage, having a ticket but it not being clearly displayed etc....

I'm just wondering if there is any point in me challenging my ticket at County Court?  I know most people say you must challenge as the private companies are just robing drivers of money left, right and centre.

Summary

My ticket was issued by PCM on 17 January 2020 for parking in a visitor's bay at my sister's housing apartments without a valid permit, whilst I was doing some work on her apartment.  Even though it said tickets are issued 24hrs a day, I just didn't think I would get a ticket so late at night.

I foolishly threw away ticket and all subsequent correspondence as I thought they would just give up in the end.  So am unable to see if a procedural error was made.  County Court Claim Form dated 03 March 2021 has been received and is claiming for £248.30.  The Representatives of PCM are Gladstones Solicitors.  I did submit an Acknowledgement of.Service on MCOL on 16 March 2021.

I can't find a defence for my case as the signs were clear.  I have read threads where Gladstones failed to give the Court 7 days’ notice and failed to sign in for the online hearing, which resulted in the case being thrown out.

Just wanted to get some views to see if I am wasting my time and should pay up?  I am sure you must come across cases where you must think chances of a win are very slim and that it would probably be best to cut your losses and pay up. But out of politeness, do not say this. 

Many thanks

Le_Kirk

Can't you use the standard defence template that you saw when reading through the NEWBIE sticky - the first place to go - then all you have to do is edit two paragraphs (#2 & #3).  What is the situation regarding your sister's tenancy/lease agreement regarding parking.  If she said you can park there and she has a lease that states she can park a car, she has given you permission and you are de facto authorised to park there (bit thin but it depends on the lease!)

KeithP

Patrickius said:

County Court Claim Form dated 03 March 2021 has been received. I did submit an Acknowledgement of Service on MCOL on 16 March 2021.

 Hello and welcome.

Everybody has a defence.

With a Claim Issue Date of 3rd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th April 2021 Tuesday 6th April 2021 to file your Defence.

That's over two 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.

1505grandad

What is the full name of the parking company?

Patrickius

Le_Kirk said:

Can't you use the standard defence template that you saw when reading through the NEWBIE sticky - the first place to go - then all you have to do is edit two paragraphs (#2 & #3).  What is the situation regarding your sister's tenancy/lease agreement regarding parking.  If she said you can park there and she has a lease that states she can park a car, she has given you permission and you are de facto authorised to park there (bit thin but it depends on the lease!)

I can but doo people win with the standard defence?

Patrickius

Patrickius said:

Le_Kirk said:

Can't you use the standard defence template that you saw when reading through the NEWBIE sticky - the first place to go - then all you have to do is edit two paragraphs (#2 & #3).  What is the situation regarding your sister's tenancy/lease agreement regarding parking.  If she said you can park there and she has a lease that states she can park a car, she has given you permission and you are de facto authorised to park there (bit thin but it depends on the lease!)

I can but doo people win with the standard defence?

I will also try to have a look at my sister's lease. 
Thank you for that.

KeithP

Patrickius said:

Le_Kirk said:

Can't you use the standard defence template that you saw when reading through the NEWBIE sticky - the first place to go - then all you have to do is edit two paragraphs (#2 & #3).  What is the situation regarding your sister's tenancy/lease agreement regarding parking.  If she said you can park there and she has a lease that states she can park a car, she has given you permission and you are de facto authorised to park there (bit thin but it depends on the lease!)

I can but doo people win with the standard defence?

Yes they do.

Patrickius

1505grandad said:

What is the full name of the parking company?

Parking Control Management (UK) Ltd

Patrickius

KeithP said:

Patrickius said:

County Court Claim Form dated 03 March 2021 has been received. I did submit an Acknowledgement of Service on MCOL on 16 March 2021.

 Hello and welcome.

Everybody has a defence.

With a Claim Issue Date of 3rd March, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Monday 5th April 2021 to file your Defence.

That's over two 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.

Thank you for this. I will look to get this done in a few days time. 

Umkomaas

But there's more to it that just sending in a largely template Defence, it's not a miraculous get out of jail card. The whole process will take months of reading, research and drafting to do beyond the Defence. The NEWBIES FAQ sticky, second post, details the processes involved. 

Patrickius

I'm starting to realise that and am also starting to feel like I am flogging a dead horse.

From what I have read I have already narrowed my options to put a defence together by not keeping all paperwork - (procedural error).  In addition to this if case is lost at County Court the cost of fine will increase by £75 (Court and Solicitor's costs) to roughly £325.  By submitting the AOS I believe I have also forfeited the right to pay in instalments without having a CCJ against me.  Therefore if fine is not paid within 30 days after judgement then a CCJ will be applied to me.  Which is annoying as I have only just got my credit rating back to a reasonable level, having lost my house and going bankrupt 8 years ago.

I do read other threads but some of the case law just goes way over my head or I just think that it doesn't apply to my case.

Sorry to sound so pessimistic, but have another ticket which looks like it will be on its way to court as Gladstones are the solicitor's for that one also.  All seems to be getting me down a bit.