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Struggling with ws, 11 days to deadline

Tiredofparkingfine
Tiredofparkingfine Posts: 68 Forumite
10 Posts Name Dropper
Hi there,

In Oct 2020 I received a Parking ticket from globe protection for being on a private land.

Its a very small tarmaced area just off the pavement. I was waiting there for 10 minutes whilst my kids went to the shop.
I did not see the the notice or the camera at all on entry(as you'd have to look up to see it). 

I appealed to the ppc and apologised explaining how I didn't see the notice and I was only there 10 mins, however my appeal was rejected. I really thought £60  was very 
Unfair for 10 mins and it was a genuine mistake.

After searching loads online I came across parking fines Ltd who had very good reviews. I paid them £18 to avoid paying the fine. They gave alot of assurance that I won't be paying a penny after this and everything is being taken care of. However that has proved wrong.

7 months later I received a letter from the County court and fine has gone upto £250.
I filed a defence on mcol and now I have received the directions questionnaire.

I am stuck what to do now, please can someone help.

Will I have to pay more than £250 if I loose?
A hearing fee of 25? Or more?

Next I will have to create a WS from what I've read.....I have no idea on how to do that.




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Comments

  • Fruitcake
    Fruitcake Posts: 59,481 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 20 August 2021 at 2:22PM
    If you look at reviews of paid for parking charge fightback companies, you will find that some have stopped trading, and left parking victims in the lurch.

    If you ever get caught again, you know where to come to get free advice.

    Please tell us what you put in your defence. Ideally copy and paste it here.

    Have you found the guide to court written by bargepole that is in the second post of the NEWBIES sticky "Announcements"? You need to read this and work out where you are in the process. This explains how to submit the DQ. Do not miss any deadlines.

    You don't pay the hearing fee, the claimant does, although it is not always required especially if the hearing is by 'phone/video chat.

    properly defended, even if you lose you won't have to pay more than £175 - £200. (The latter includes the hearing fee if charge).

    Have a look here at examples of witness statements.

    Witness statements: 2 transcripts re parking firms' false 'costs' - Recorder Cohen QC judgment 2021 — MoneySavingExpert Forum


    You can't introduce new defence points into your WS, so if it wasn't in your original defence, you can't include it in your WS ... except,

    You can introduce unfair contract terms as per the Consumer Rights Act 2015 even if that wasn't in your defence. That means you can mention fake add on debt recovery fees that have not actually been incurred by the PPC. This is usually £60 - £70 on top of the original charge (usually £100).

    You mention the driver didn't see the signs so you already have inadequate signage covered. Get pics of the site and signage asap to include as your exhibits  in your WS.

    You will need to be creative about anything else an try to include other points. For example you might be able to say that since the signs weren't prominent, the site boundary wasn't obvious. Not knowing where you are or aren't allowed to park is an unfair contract term and therefore breaches the CRA 2015.
    Do you get the idea?

    All of this is after you have complained to the landowner/retailer and asked them to get the claim cancelled. This is always plan A and is never too late.








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  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 August 2021 at 9:19AM
    Read the second post in the newbies FAQ sticky thread near the top of the forum in announcements , it has advice on filling in the N180 DQ you received ( if it came from the CCBC in Northampton , not the DQ from the claimant )

    Post a copy of the defence that was submitted below

    Obtain and post pictures of the signage below
    Post a redacted copy of the claim form below , ensuring we cannot see VRM details or name and address or claim reference etc

    That newbies thread also gives advice on preparing your own witness statement in several months time too

    You won't be paying the hearing fee , unless you lose in court

    The figure on the claim form is the most it I'll be , but probably about £60 or £70 less once th spurious charges are removed , that's if you lose in court , you pay nothing if you win

  • Dear sir/madam
    I received a £60 fine for waiting in my car for less than 10 mins
    for my children on a private land without realising it was
    private land.
    The area is a very small area off the pavement and you would not
    realise you've entered unless you looked up and saw the camera
    and notice. There is nothing at the entry suggesting your
    entering a private land.
    On receiving the fine I appealed as I thought £60 was unfair for
    being on the private land without realising for less than 10
    mins. I apolgised and explained how my eyes didn't go on the
    camera and notice and how I couldn't afford to pay that. However
    the appeal was rejected.
    As I had great difficulty paying that I looked online for help
    and came across a company who I paid £18 to sort this out for me.
    The reviews were very good for the company and it was also on
    metro. They assured me I have nothing to worry about and it is
    sorted.
    Six months later when I received this court letter I was shocked
    and emailed the company who are not helping me now. So I am stuck
    now and there's no way I can afford to pay £245.
    I don't work.
    I just don't know where I can get this money from.
    Since receiving this letter I have been going through so much
    stress and worry than I am unable to sleep and do my normal daily
    activities.
    Please could I request you to understand i didn't realise it was
    private land and i was there for less than 10 mins and I do not
    have money to pay this.
    I could have just waited on the Pavement but I didn't realise the
    signage and camera at all which is why I waited there.
    Had I seen it I would have never entered the area.
    Also please take into consideration that I have been scammed by
    the online parking company and now i am in a very bad situation.
    After this incident I have become so fearful whilst driving that
    I may enter a area without realising its private land and get
    fined again.
    Please reconsider this.
    Your help will be much appreciated
    Thank you

    Thats the defence I posted
  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It is not a fine. . Please read thenewbies and complain to your MP.
    You never know how far you can go until you go too far.
  • Fruitcake said:

    All of this is after you have complained to the landowner/retailer and asked them to get the claim cancelled. This is always plan A and is never too late.








    Firstly, Thank you so much for your reply 
    I appreciate it so much.

    I'm unsure how to do this as I don't know who the landowner is. Any idea how I can find this out? And would I speak to them verbally?

  • D_P_Dance
    D_P_Dance Posts: 11,592 Forumite
    Part of the Furniture 10,000 Posts Name Dropper

    I'm unsure how to do this as I don't know who the landowner is

    Use a search engine.
    .
    You never know how far you can go until you go too far.
  • Tiredofparkingfine
    Tiredofparkingfine Posts: 68 Forumite
    10 Posts Name Dropper
    edited 20 August 2021 at 12:12PM
    This is the picture of the the claim form
    (Removed by Forum Team)
  • Redx
    Redx Posts: 38,084 Forumite
    Eighth Anniversary 10,000 Posts Name Dropper Photogenic
    edited 20 August 2021 at 11:47AM
    Fruitcake said:

    All of this is after you have complained to the landowner/retailer and asked them to get the claim cancelled. This is always plan A and is never too late.










    I'm unsure how to do this as I don't know who the landowner is. Any idea how I can find this out? And would I speak to them verbally?

    Read the guide that Umkomaas posts every week on here , it has all the options for finding out landowner details !

    Ideally you should complain by email , or by letter

    Is that the Defence above ? Because it looks more like a witness statement !!

    A Defence should look like the defence template listed in announcements , but too late to change it now

  • Yeah thats was my defence.
    I found this forum a bit late.
  • Will I still be okay with that defence?
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