CST Law claim dismissed - can they try again or is that it?

Raoultheman

Hi all

Before I start, yes I have been trying to read up on all the posts but clearly it is going to take my brain a while to fully comprehend, so I am hoping someone will be kind enough to attempt a quick answer. If not, then ok I get it, but if there are specific posts you feel answer my questions then that would be great.

Situation

In late 2019, I got 5 parking tickets in my building's car park. My fault - was out of town and forgot I had not put enough scratchcards on the dashboard.

Parking ticketing Ltd issued them, I think they were £60 each. By the time I knew what had happened, they were £120 each and Parking Collection Services were chasing payment.

One month later DRP were chasing and now it was £149 x 5.

Now it is 2021, I received a warning of court proceedings if I did not reply within 7 days (I was on holiday overseas so read it well after the 7 days had passed) and have now received that court claim (with court fee, interest etc added meaning we are now at £996. The claimant is listed as Parking Ticketing Ltd, CST Law being the legal reps.

No doubt I should have taken advice sooner, but it is what it is, so I am wondering:

 - I do not intend appealing the naughty parking itself, as it is my fault. I doubt any sympathy would be forthcoming.

 - should I offer to pay immediately, but a smaller amount (say £500 ... because £100 is the max)?

 - should I offer to pay the 5 x £120, but claim all additional attempts to add costs are a fake?

 - could I win the court case purely arguing the unreasonable attempts to bump up the costs?

Based on what I have read on here in the past 3 hours of research, most people seem to be claiming the ticket itself was illegal. I am not. It is the extra costs added and the court proceedings I am looking for tactics for.

If already covered elsewhere because someone else was in the same stage of process, I again apologise - please point me to the trail and I will gladly read it.

Thanks.

Fruitcake

You say the charges were received in your building's car park. Do you mean this is where you live, or where you work?

If the former, what does your lease/AST/property rental agreement say about parking, permits/scratchcards, unregulated private parking companies, parking charge notices, paying unregulated parking companies, and court claims?
What it doesn't say is just as important.

If this is where you work, what did your employer say about this?

Offering to pay anything is a ridiculous suggestion, especially if this is a residential case where there is nothing in your lease etcetera about paying this. Even if you lost in court the cost would be 5 times the original charge plus permitted court fees of £75 - £100.

Raoultheman

Fruitcake said:

You say the charges were received "at my building". Do you mean this is where you live, or where you work?

If the former, what does your lease/AST/property rental agreement say about parking, permits/scratchcards, unregulated private parking companies, parking charge notices, paying unregulated parking companies, and court claims?
What it doesn't say is just as important.

If this is where you work, what did your employer say about this?

Offering to pay anything is a ridiculous suggestion, especially if this is a residential case where there is nothing in your lease etcetera about paying this. Even if you lost in court the cost would be 5 times the original charge plus permitted court fees of £75 - £100.

I was living with a friend of mine. As the owner of the lease on the flat, he was entitled to park his own car for free. I had no parking rights, so had to apply to the building management company and they sold me scratchcards for daily parking at £1 each. However they would only supply me a maximum of around 30 at a time so there was a limit as to how many I could scratch and display.

Ironically, a few months after the infringements the management company surprised me by saying I could buy a 1 year permit for £20. Shame I didn't get one of those from the start, but...

There were clear rules and a clear sign in the car park, so I knew if I was lax I would be at risk. 

Le_Kirk

You could try a complaint to the management company that you tried in good faith to protect yourself (and them) by buying enough scratch cards to cover your holiday but they refused to help and, worse, they have now even agreed it is a stupid system and have put in a sensible alternative!  Because the management company are guilty of contributory negligence you might ask for them to cancel the PCNs with the parking company.  They will of course say they cannot but it is they who contracted with the PPC and I am sure they can! 

Raoultheman

Le_Kirk said:

You could try a complaint to the management company that you tried in good faith to protect yourself (and them) by buying enough scratch cards to cover your holiday but they refused to help and, worse, they have now even agreed it is a stupid system and have put in a sensible alternative!  Because the management company are guilty of contributory negligence you might ask for them to cancel the PCNs with the parking company.  They will of course say they cannot but it is they who contracted with the PPC and I am sure they can! 

If only ... but just to make things less helpful, the management company no longer manage that block of flats and attached car park.

I am expecting to have to pay parking fines, and can live with that. I am just wondering whether it is best to try to negotiate a smaller amount up front, or whether now there is a formal claim the other party will prefer to let it go to court?

Surely it is simpler for them to accept a "decent" sum today and avoid the court hassle? 

KeithP

Raoultheman said:

Now it is 2021, I received a warning of court proceedings if I did not reply within 7 days (I was on holiday overseas so read it well after the 7 days had passed) and have now received that court claim (with court fee, interest etc added meaning we are now at £996. The claimant is listed as Parking Ticketing Ltd, CST Law being the legal reps.

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

Raoultheman

KeithP said:

Raoultheman said:

Now it is 2021, I received a warning of court proceedings if I did not reply within 7 days (I was on holiday overseas so read it well after the 7 days had passed) and have now received that court claim (with court fee, interest etc added meaning we are now at £996. The claimant is listed as Parking Ticketing Ltd, CST Law being the legal reps.

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

28 July 2021

D_P_Dance

Have you complained to your MP?

KeithP

Raoultheman said:

KeithP said:

Raoultheman said:

Now it is 2021, I received a warning of court proceedings if I did not reply within 7 days (I was on holiday overseas so read it well after the 7 days had passed) and have now received that court claim (with court fee, interest etc added meaning we are now at £996. The claimant is listed as Parking Ticketing Ltd, CST Law being the legal reps.

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

28 July 2021

With a Claim Issue Date of 28th July, you have until Monday 16th August 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 31st August 2021 to file your Defence.

That's over 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 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.

Raoultheman

D_P_Dance said:

Have you somplained to your MP?

Not yet no - if I am to complain, what do you think should be the basis of my complaint? The addition of unknown fees to the initial charges?

The parking ticket company have only ever requested 120 x 5 = 600, then DRP turned that into 149 x 5 = 745, and now the court claim is based on 745 despite the claimant being the parking ticket company ... so the court claim should be based on 600 not 749 right?

Le_Kirk

The court claim should be 5 x £100 = £500 then they are allowed to add filing fee, hearing fee and max of £50 legal costs.  Sometimes judges allow interest.