Private parking fine court action - parked in a hatched area (that used to be a disabled bay)

7lucky

I really need your help. 

I have received court action for a parking offence in a private car park. I filed my defence within the required timescale. Stating that I know nothing about the fine/ Which I dont/didnt and copied your template for defending a claim. In the meantime I emailed their solicitor and requested SAR. They have sent me a photo showing a car that I was the registered owner of, parked in a hatched area, which used to be a disabled bay... and you can clearly see in the picture they provided that there is still a wheel chair sign painted under the hatched lines. I do not recall this parking fine - genuinely.  My question is, is my defence enough? Also now that I have seen the photos I think it unfair that a disabled person should be penalised when the space is poorly marked and a disabled badge was being displayed. I noted in my defence that I was finding it exceptionally difficult at this time as I have a terminal illness and their solicitor wrote to me asking me for prove of this and also proof that I am a pensioner (Do I have to provide them with this? I feel it is extremely personal and what relevance is it to all this? )

Any advice greatly appreciated. 

Thank you for taking the time to read this.

 

KeithP

Of course you don't have to supply the information they are asking for.
You can totally ignore them and the court claim if you wish.

But... and it is a big but...

Is it not possible that supplying that information may get the charge quashed?
Looks like it might be an easy way to get rid of this nuisance.

Who is the Claimant?

Fruitcake

It is not a fine.
It is not an offence.
There is no such thing as a registered owner.

Having said that, the images show that the car was parked in a parking bay clearly marked with an internationally recognised surface marking indicating it was an accessible parking space, sometimes also known as a disabled bay.
Although the blue badge scheme does not apply on private land, a blue blue badge can clearly be seen displayed in the images.

What is the name of the PPC please?
What is the name of the solicitor?
What is the issue date of the claim form?
Upon what date did you complete the AoS?
Upon what date did you submit your defence?
What happened when you complained to the landowner?
Have you complained to your MP yet?

This is absolutely disgusting behaviour from an unregulated parking company that needs to be stamped out. I suggest you contact local and national press about this.

It is up to you whether you want to provide very private and personal data to an unregulated parking company.
The unregulated private parking industry have been referred to as rogues, scammers, and bloodsuckers by MPs across all parties in open parliament, and people need to be warned about their behaviour.

Ms_Chocaholic

If supplying the information cancels the fine would that be preferable to fighting it and causing yourself additional stress.

7lucky

UK Parking control. 

Their solicitor asked for it and I said I would provide all that they ask if they show me proof of the parking offence as I genuinely have no clue. This request was ignored and the day after I received an email telling me their client wishes to continue to proceed with legal action. I came back to this page which is where I found about the SARS request - which is when I requsted it nd finally received photos of the car. They sent me photOS of the ticket and said they would address the other comments in my letter re health and never have. In the back ground they continue to take action and I have a Notice of Proposed allocation to small claims track to respond to.... But have no clue what i'm doing or should be saying at this point. 

7lucky

They have not sent that sending them the information will cancel the fine. 

7lucky

Hi Fruitcake, I think this is what your asking for but bare with me please.

What is the name of the PPC please? UKPC
What is the name of the solicitor? DCB Legal
What is the issue date of the claim form? I am sorry I can not find the paper work right now. I filed it all in time and online as per this pages recommendation.
Upon what date did you complete the AoS? I dont know what this is. (forgive my ignorance or stupidity)
Upon what date did you submit your defence? 28 days later.
What happened when you complained to the landowner? I did not do this as I did not know about the fine until now. 
Have you complained to your MP yet? No I have not.

This dates back to March 2017 - I read somewhere that after 5 years you can not be chased via the courts is tis true or does it not count if they file the claim before the expiry date so to soeak?

Coupon-mad

7lucky said:

 received court action for a parking offence in a private car park. I filed my defence within the required timescale. Stating that I know nothing about the fine/ Which I dont/didnt and copied your template for defending a claim. 

 I noted in my defence that I was finding it exceptionally difficult at this time as I have a terminal illness and their solicitor wrote to me asking me for prove of this and also proof that I am a pensioner (Do I have to provide them with this? I feel it is extremely personal and what relevance is it to all this? )

They have not sent that sending them the information will cancel the fine. 

No, but they have asked because there are rules about vulnerable 'debtors' these days and they have to be treated more sympathetically.  They have to ask this if there is a hint of a vulnerable person (a parking charge is not a debt but you know what I mean!).  

Many Claimants would discontinue under the circumstances so I would consider sending them evidence in the strictest confidence and asking them to liaise with the Claimant to discontinue, particularly as this was a case of a person who meets the definition of disability parking in what was still marked as a disabled bay.

No breach, no chance of them winning this claim in court.

Say so.  Be pretty robust with what you urge them to do. 

No agreeing to pay anything!

This dates back to March 2017 - I read somewhere that after 5 years you can not be chased via the courts is tis true or does it not count if they file the claim before the expiry date so to speak?

They had 6 years.  It's not statute barred but I reckon they'll discontinue if you push.

7lucky

Thank you Coupon Mad, it upsets me that I have to supply this info but now you have explained the reason behind it I feel a little less defensive about it.

In the meantime do I respond to the Notice of proposed allocation to the small claims track and say yes to mediation? Do you know if I can email this or does it have to be posted doesnt seem to say anywhere....

KeithP

7lucky said:

In the meantime do I respond to the Notice of proposed allocation to the small claims track and say yes to mediation? Do you know if I can email this or does it have to be posted doesnt seem to say anywhere....

You are mistaken. The guidance tells you exactly how to file and serve a Directions Questionnaire.

 You said earlier that you used the template Defence.

Go back to the first post on that template Defence thread and continue following the list of actions found there... starting with item 7...

...and read on from there.

Fruitcake

AoS = Acknowledgment of Service. Stage 2 of a court claim. Stage 1 being a rebuttal of the claimant's LBC/LoC.
You cannot have successfully submitted a defence if you had not done the AoS beforehand.

You say NO to mediation.

You really need to complain to the landowner and your MP asap.