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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