Anybody won a private parking fine case?

gwynfil

Hi
Has anybody won a parking fine case regarding a private parking firm when an argument against the fine was expressed on the initial claim form with The Business Centre 5th Floor St Katharine's House21-27 St Katharine's Street. Northampton NN1 2LH? It doesn't represent itself as a legal entity or county court and seems misleading in terms of it being an official county court, as it is a business centre and the logo has no name of any court on it, only a crown.

I don't drive, but a friend is worried as she feels that they award judgements to the private parking firms as obviously the government allows them free data protection access to the DVLA Database and then the Bulk processing plant in Northamptonshire is obviously glad of the business that they get from the court fees and and feels the judgement may not be fair, or even considered. Before the debate starts, the Parking Company has likely lobbied the government, been given DVLA DATA Protection ACCESS and is funding the court with numerous claims, so giving them a financial incentive, that she feels it may go straight to CCJ default and her argument not be heard as it is all electronic and no hearing is requested as she can ascertain. 

So if anybody has successfully argued their case and not been given a CCJ, that has to be overridden by paying to get rid of it, sort of guilty before proven innocent, then I would love to put her mind at rest. 

I appreciate the government sees the system as wrong and is changing the law. To me this is like PPI mis selling, it doesn't help those that have suffered undue financial stress and worry due to the law being weighted in favour of the private parking firms. The government is acting on behalf of these private parking companies, by allowing them more information of access to the law then the defendant. The 3 issues that require a contract is another area that worries me. Is it not reasonable that all these are automatically considered to have been met by the private parking company.

To quote MSE- The Government's backed a new code of practice for private parking firms (as of March 2019 it had become law and was due to be drafted "later this year") that companies will need to be signed up to it in order to get your details from the DVLA. However as they already need to be registered with the BPA or IPC to get your details, it remains to be seen what difference this will make in practice.

I will be interested to see if the courts enforce any new rules on the private parking firms, as I don't think the process is in place to update the new law, but yet again the Individual will be paying to correct justice that is going against them. 

KeithP

Anybody won a private parking fine case?

I don't think there is any such thing as a 'private parking fine case' - they are not fines - so it is difficult to say that anyone has ever won one.

Apart from that, you are of course free to ignore anything from Her Majesty's Court and Tribunals Service, but that might be costly. 

gwynfil

What are they then? I'm happy to learn. 

gwynfil

Only they seem to be treated as fines in law.

pogofish

What is it with these "anybody"-type threads recently?  I've been seeing them a lot on other boards too.

After all, its not like we would have a whole dedicated board here with the best part of a million posts and sixty thousand individual threads threads if nobody had gone the distance..!

KeithP

gwynfil said:

What are they then? I'm happy to learn. 

Here's your link...
www.gov.uk/government/organisations/hm-courts-and-tribunals-service

And a short extract from the first page...

Umkomaas

Type this into the forum search engine and fill yer boots 'ANOTHER ONE BITES THE DUST' - there will be hundreds for you to feast your eyes on. But don't forget, if your friend has a CCBC court claim there will be deadlines to be met, otherwise this potentially turns nasty. What is the issue date shown on the form, has service been acknowledged, and if so, on what date?

HOW TO USE THE MSE SEARCH FUNCTION MOST EFFECTIVELY

The forum search function is powerful, if a bit clunky if using for the first time, so please read the following thread to help walk you through the various steps you'll need to take to get best results. 

https://forums.moneysavingexpert.com/discussion/6289402/weve-updated-the-search-function/p1

Which parking firm is pursuing your friend, and which solicitors are involved in issuing the proceedings?

Fruitcake

gwynfil said:

What are they then? I'm happy to learn. 

If they are issued by an unregulated private parking company, they they are parking charge notices, or speculative invoices.

A fine or penalty can only be issued by an authority such as the council, the police, or a court.

The first paragraph of your opening post actually answers your first question. The place you referred to is not a court, nor does it claim to be. It is a county court business centre, a place where claim forms are issued and processed and allocated to county courts.

Your friend appears to be mistaken if I understand the second paragraph of your opening post correctly.
Once allocated to a county court, the defendant has the option to have a hearing in person, or more commonly a hearing via a telephone or video link since covid stalked the land, or for the case to be heard on papers with no representative from either side being present. 
Irrespective of the method chosen, the defendant does have the chance to put their side of the case. A claim will only go straight to a default CCJ if the defendant does not defend or represent themselves, or does not turn up for the hearing. It is their choice entirely whether they defend a case or not. A claim will not automatically go to judgment if a defence and representation is made.

KeithP

gwynfil said:

Only they seem to be treated as fines in law.

No they don't.

They are treated as alleged debts.

gwynfil

Thanks everyone. But nobody has answered the actual question. Has anybody that has been sent a claim form from that Business centre, been allowed to argue their case and won? After all this supposed business centre is dishing out the CCJS which is the job of a legal county court. Or is it that through a lack of process, the claims are not read? Is it straight to judgement and the claim argument ignored? Perhaps the court could reply itself and say that whilst we can not give details, that yes we read all the forms in detail and are fair.

Trainerman

your question was answered, with the reference to "Another one bites the dust", which search will bring countless threads where the defendant spanked the PPC. So yes, people win all the time.

I think your are talking about the central business centre, from which initial claims are sent. Then ( as is shown in the 'newbies' thread) there are procedures to follow prior to an 'in person' hearing, however that may be held which is when you put your side of it, having already sent Defence and Witness Statement