Small claims court

chenyu

Hi, I could do with some advice, please. I was given an invoice by a private parking company stating I didn't get a parking ticket when at a local beauty spot, but the reason for this was that I didn't park my vehicle. On this occasion, I was doing a private driving lesson with my daughter so, at no point where we parked up, I explained this to the company and asked them for photographic proof of my vehicle parked this they couldn't do. This conversation went back and fore with the company in the end it looks like we are going to the small claims court 😔, now there is an option of mediation which I am thinking of taking even tho I have read on here it never goes successful, but what I would like help with is legal jargon to use in medication and the small claims court any advice or help with this would be gratefully received .

patient_dream

Dannie23 said:

Hi, I could do with some advice, please. I was given an invoice by a private parking company stating I didn't get a parking ticket when at a local beauty spot, but the reason for this was that I didn't park my vehicle. On this occasion, I was doing a private driving lesson with my daughter so, at no point where we parked up, I explained this to the company and asked them for photographic proof of my vehicle parked this they couldn't do. This conversation went back and fore with the company in the end it looks like we are going to the small claims court 😔, now there is an option of mediation which I am thinking of taking even tho I have read on here it never goes successful, but what I would like help with is legal jargon to use in medication and the small claims court any advice or help with this would be gratefully received .

YOU DO MEDIATION AT YOUR PERIL

Many judges in court still do not have a grip on this scam so you cannot expect a Mr Nobody, whoever mediates, to have a grip, infact worse.

In your case, you were not the driver, you were teaching and never parked. 

YOU SAY you asked for .....
photographic proof of my vehicle parked this they couldn't do. ???? NO PROOF IS THEIR DOWNFALL

Who is the parking company and do you have an actual court claim ?

Redx

We cannot give legal advice on this forum ( you pay a solicitor for that service )  , just personal opinions , so here is mine

The vehicle was on private property for a period of time in breach of the parking rules and signage , with no permission to be there , no payment made either. You cannot just rock up and give driving lessons on private property without abiding by the rules or seeking permission , be it horse guards , or Silverstone , or a beauty spot !

Is it Napier ?  Willen lakes ?   FCN ?  ( Fixed Charge Notice ? )

Mediation rarely goes well , so we have only one opinion about it , do not engage , it's all or nothing !

Nobody on here is going to encourage mediation , because it's not suitable for parking charge notices or court claims regarding them

Snakes_Belly

Mediation is most suited to insurance claims where liability has been admitted and it a question of the amount. In parking claims their offer is very likely to be unacceptable to you and vice versa.

How does the PPC describe the transgression? 

Half_way

The very early stages of learning to drive, that is going round and round and round in a car park / car parks are pretty much the way i learnt to drive, my parents learnt to drive and most of the people i know - when learning to drive has come up in a conversation. Its almost the way its been done for years/decades, or even longer.

 What is new is the cancer that is private parking companies.

 

This could have been dealt with so much earlier and so much easier if the parking ticket was acted upon as soon as you received it - and you posted on here instead of waiting for it to get to the threats of the small claims track.

but anyway we are where we are.

First problem, you appear to have outed the drivers identity , have you disclosed this to the parking company? have you used terms or words to describe the driver such as I, He, She, Son, Daughter, Cousin, etc?

 If the parking company has not complied with the Protection of freedoms act there is no requirement to name the driver, and they can not pass liability on to the registered keeper. this is one aspect that should be dealt with as soon as the ticket, the so called parking charge notice comes through the door.

 Second problem is that your username appears to be based on a real name - is it?

Anyways, lets see if this can be challenged..

 first of all you appear to be at risk of shooting yourself in the foot over this by giving the wrong information and not enough of the right information , as above do not id the driver no he/she/son/daughter/uncle/aunt/neighbour and so on.

 the correct phrase should be "the car was being used for driving lessons and entered car park X"

Questions:

Have you named the driver to the parking company ? If you have is the parking company now going after the driver, or are they continuing to pursue you, as the registered keeper?

 If you have not disclosed the driver does the documentation fro the parking company comply with the protection of freedoms act ?

Next, What so called parking company was / is this ? who has issued the claim form ? both of these are important as it will give us an idea on how to proceed and offer advice

Location of car park - you said beauty spot. some places have cropped up on here multiple times , again if the landowner is known then why haven't you bought them in on this, they will be jointly and severally liable for the actions of their agents ( the parking company) if the landowner is a charity then there are more options open with regards to complaints.

 

Even if court papers are issued, the landowner can still pull the rug from under its agents , the agents wont like it but if the landowner says they dont support this going to court, and they have asked them to stop/withdraw the case then that makes it hard for the parking company to continue - and may leave things open for you to claim unreasonable action.

 Likewise if the landowner doesnt co-operate then you can add them to the claim .

And finally for now, take a read of this

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

Jenni_D

Half_way said:

And finally for now, take a read of this

http://parking-prankster.blogspot.com/2014/03/waiting-for-space-is-not-parking.html

I agree with all that ... although in this case it seems there was never any intent on taking up a parking space.  

And if the OP reads that blog ... ignore any commentary regarding "genuine pre-estimate of loss" - that boat sailed years ago.  

chenyu

Thank you, the company is premier parking solution. I read a lot of the information on her about how to address the parking company what wording to use and what to ask for. I corresponded with them on many occasions asking for evidence but unsuccessful hence now going to small claims court 

Redx

Evidence will arrive at the WS plus Exhibits stage , a few weeks before the court hearing

So PPS of Newton Abbot

https://www.pps.uk.com/contact.html

Halfway explained the situation in great detail

Half_way

Dannie23 said:

Thank you, the company is premier parking solution. I read a lot of the information on her about how to address the parking company what wording to use and what to ask for. I corresponded with them on many occasions asking for evidence but unsuccessful hence now going to small claims court 

Whos car park was this, and where was it? , you can ( and ) should apply some leverage towards the landowner, the advice on this will vary depending upon who the car park owner is/the location of the car park

chenyu

It was at bovi beach, I haven't said my daughter was driving just that at no point was the vehicle parked and that I would like evidence if this and they can't provide that as they don't have this. All the signs regarding to parking eg make such you are parked within the lines a ticket must be purchased to park here etc. None of the sign say anything about coming onto the land and paying to do so. I did tell the company about this but they said they would not continue to go back and forth saying the same thing. Now it IS going to small claims court 😡

Coupon-mad

What is the date of issue on the claim form and when did you do the AOS?

Have you submitted a defence yet?  Hope not.