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County Court Claim for a Free Car Park Parking Ticket - help please

I would really appreciate help with responding to a parking ticket fine which is now with county court. I have only recently discovered this forum, so followed the advice as best I can, but I now feel stuck on how to respond in defence as I am not completely clear which paragraphs apply to my case, as it was a free carpark.

I parked in a free shopping car park against a pavement. I had parked here loads of times, and it was always in use as a place to park. Some pavements had double red lines – this one didn’t. There were parking rules, they were displayed high in small print. I did read them and didn’t see anything that said I couldn’t park on a pavement. There were no parking attendants around.

I received a fine on my windscreen and have ignored it. The date of fine in 2017. Date of county court claim form is Jan 2023.

The solicitors are DCB, the parking company is UKPC.

The particulars are:

-          The D is indebted to C for parking charges issued

-          The PCN details are XXX

-          The PCN was issued on private land owned or managed by C. the vehicle was parked in breach of the Terms on C’s signs (the contract) thus incurring the PCN

-          The driver agreed to pay within 28 days but did not

-          D is liable as the driver or keeper

-          Despite requests the PCN is outstanding. The contract entitles C to damages

-          THE CLAIMANT CLAIMS

-          £150 being the total of the PCN and damages

-          Interest at a rate of 8% per annum pursuant to S.69 of the county courts act 1984 from the date hereof at a daily rate of £0.02 until judgement or sooner payment

-          Costs and court feed

Claim is for £300

WHAT I HAVE DONE

-          I have requested a FOI from UKPC who have sent me the photos and PCN and picture of the contract sign (which is illegible from the photo given how high it is).

-          I have been back to the car park and taken photos of the pavement. The pavement now has red lines on it and the car park is now managed by a different company.

-          I have responded to the claim via moneyclaim.gov.uk and have until 24th February 2023 to make my defence.

 

Any help with how to respond in my defence would be greatly appreciated.


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Comments

  • Coupon-mad
    Coupon-mad Posts: 128,920
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    What's the date of issue of the claim form, and the date that MCOL says you did the AOS?
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • KeithP
    KeithP Posts: 37,016
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    hallie28 said:

    I parked in a free shopping car park against a pavement.

    ...didn’t see anything that said I couldn’t park on a pavement.

    So was the vehicle parked against a pavement or on a pavement?
  • Thank you for your replies - 

    The car was parked against to/next to the pavement (as you would on a normal road). The car was not parked on the curb (e.g. wheels were touching road and not pavement). There was also ample space for other cars to drive (as shown in the photos the company produced for me) 

    Date of Issue of claim form is 26th January 2023
    MCOL says I did the AOS on 1st February 2023
  • KeithP
    KeithP Posts: 37,016
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    hallie28 said:
    Date of Issue of claim form is 26th January 2023
    MCOL says I did the AOS on 1st February 2023
    hallie28 said:
    -          I have responded to the claim via moneyclaim.gov.uk and have until 24th February 2023 to make my defence.

    You have more time than you think.

    With a Claim Issue Date of 26th January, and having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 28th February 2023 to file your Defence.

    That's over a week 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 at the second post in the NEWBIES thread.
    Don't miss the deadline for filing a Defence.

    Do not try and file a Defence via the MoneyClaimOnline website. Once an Acknowledgment of Service has been filed, the MCOL website should be treated as 'read only'.
  • Thank you. I have read all of the threads quite a few times. I just feel a bit uncertain about what applies to me ( I know this must be really frustrating for you with all the efforts that have gone into making things comprehensive - I'm sorry!)

    Regarding the template - are the only bits I need to change sections 2 and 3? .. all the other paragraphs and legal bits to stay in? 

    I hadn't realised about the requirement to send it via post/email despite registering online - this is really helpful thank you. 

    I feel really lucky to have found this thread and got some real guidance - this has kept me awake at night with stress!
  • Coupon-mad
    Coupon-mad Posts: 128,920
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    Yes you only add paras 2 and 3.  It's that easy!
    PRIVATE 'PCN'? DON'T PAY BUT DON'T IGNORE IT (except N.Ireland).
    CLICK at the top of this/any page where it says:
    Forum Home»Motoring»Parking Tickets Fines & Parking - read the NEWBIES THREAD
  • B789
    B789 Posts: 3,441
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    edited 17 February 2023 at 11:54PM
    @hallie28 is the parking company the same as the one in your other thread?: https://forums.moneysavingexpert.com/discussion/6425878/county-court-claim-for-a-free-car-park-parking-ticket-help-please#latest

    Whilst that one is for a different parking issue, is it the same car park by any chance?

  • B789 said:
    @hallie28 is the parking company the same as the one in your other thread?: https://forums.moneysavingexpert.com/discussion/6425878/county-court-claim-for-a-free-car-park-parking-ticket-help-please#latest

    Whilst that one is for a different parking issue, is it the same car park by any chance?

    They are different car parks, different parking companies. 
  • Yes you only add paras 2 and 3.  It's that easy!
    Amazing thank you ever so much. I appreciate it's a pain repeating the same information for people. I know for me, I hadn't realised how in depth a response to the parking company could be, so seeing the extent of information/loop holes/things to consider has been overwhelming. I really appreciate the time you've taken to make sense of this
  • hallie28
    hallie28 Posts: 75
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    Any help greatly appreciated - I filed my defence via email in the timescales. However, I've received a Judgement for Claim (in default) through the post. I've spoken to the County Court Business Centre who has said they didn't receive the email. I sent the email in working hours as advised - to my error I didn't add a read receipt. The lady said that I should have received a bounce back email, which I didn't, thus they can't do anything other that process this as a lack of response. 

    She has sent me a list of my options - Pay in full (£318); pay in instalments (£14 fee); apply to set aside judgement (£275)

    Is there anything else I can do at this stage, or have I completely messed this up?
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