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Court paperwork received - Ticket for leaving car park. What evidence?

I got a ticket back in 2018 for a leisure park car park, where I went to the gym. Supposedly for leaving the car park(there's a town centre and train station nearby). I didn't recall leaving the car park, as I never go to the shops in the town, only there for the gym(which is allowed). In any event I ignored the ticket and got a few letters which then stopped eventually, and I moved. few years later to now, I got another letter and then now the proper court claim form through.

From what I can gather, the costs are unlikely to go up if I challenge it now and lose, so have nothing to lose by doing so. Currently sits at £308.24, being 223.24 amount claimed, 35 court fees and 50 legal rep fees.

As said, I used that carpark only for the gym. I know that purden of proof is much lower in civil courts, but I assume they'd still have to prove in some way that I left the carpark, be it CCTV or a parking attendant witness, neither of which I imagine they have. Or would they not even need that?

Those are pretty much my main grounds to appeal it. Don't know if that will be successful or not.

Cheers.

«13

Comments

  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,097
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    edited 2 May 2023 at 4:03PM

    What is the issue date of your CCC?

    Which Parking company? Which solicitor?

    It is unlikely they have any proof you left the site, and the onus is on the claimant to prove you did. The costs will not go up even if thie does end up in court, they will more likely be less as the debt recovery costs should be removed.

    You have every chance of defending this claim and should do so. NO PAYING!

    Once you have answered the above questions hopefully @KeithP will be along soon to give you some important dates and information.

  • The_Slithy_Tove
    The_Slithy_Tove Posts: 4,022
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    They will have a seriously uphill struggle proving the driver left the site, even on the balance of probabilities. Chances are the person who issued the ticket isn't even working there after 5 years, and won't have any real evidence or reliable recollection of the event even if they were. We've never seen such a claim succeed. Most notably was the Ibboston case, where the DJ tore the Claimant's solicitor off a strip and threatened them with time inside!

    Further, even losing (which really you won't) would cost a lot less than they say. All they can really claim is the original charge (£100?) + solicitor (£50) + court fees and a bit of interest, so ~£200 in all.

  • dksomething88
    dksomething88 Posts: 12
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    Thanks for the replies.

    The issue date was 20/04/23, it did only arrive last week and I was too busy with work to get on it. So only have two days to complete, but I can submit the extension to 28 days.

    The claimaint is UK Parking Control Limited, with DCB Legal Ltd.

    I also assume the court would be a local one to here.

  • Boat_to_Bolivia
    Boat_to_Bolivia Posts: 1,097
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    edited 2 May 2023 at 4:39PM

    Ah easy to defend. DCB Legal have a reputation for discontinuing claims. Just do as advised by the regulars here and you are unlikely to even go to court. 😁

  • KeithP
    KeithP Posts: 37,049
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    edited 2 May 2023 at 4:40PM

    Later in the process you get to choose the location of any hearing.

    With a Claim Issue Date of 20th April, you have until Tuesday 9th May to file an Acknowledgment of Service but there is nothing to be gained by delaying it.

    To file an Acknowledgment of Service, follow the guidance in the Dropbox file linked from the second post in the NEWBIES thread.

    Having filed an Acknowledgment of Service in a timely manner, you have until 4pm on Tuesday 23rd May 2023 to file your Defence.

    That's three weeks 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 again at the second post on the NEWBIES thread - immediately following where you found the Acknowledgment of Service guidance.

    Don't miss the deadline for filing an Acknowledgment of Service, nor that 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'.

  • Coupon-mad
    Coupon-mad Posts: 129,144
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    You can do the AOS in minutes. Fully explained in the second post of the Newbies thread.

    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
  • fisherjim
    fisherjim Posts: 5,909
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    edited 2 May 2023 at 4:50PM

    This is an add on scam that UKPC invented to cream as much out of a site as possible.

    They won't have any evidence, as stated above the turn over of staff is such that the attendant has probably long since left, in any case they would rather have them out on the road stinging motorists, far more lucrative than being in the SCC as a witness.

    Since the "toothbrush case" mentioned the court cases for this made up farcical claim we believe have totalled less than one!

    They would need to prove the driver left site, what the "site" boundaries are, there would need to be a plan on site, and if the attendant was managing this rule on behalf of the landowner why would he issue the vehicle a PCN rather than stop the driver at the boundary.

  • Umkomaas
    Umkomaas Posts: 41,125
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    Please note, we are not a legal advice forum. I personally don't get involved in critiquing court case Defences/Witness Statements, so unable to help on that front. Please don't ask. .

    I provide only my personal opinion, it is not a legal opinion, it is simply a personal one. I am not a lawyer.

    Give a man a fish, and you feed him for a day; show him how to catch fish, and you feed him for a lifetime.

    Private Parking Firms - Killing the High Street
  • dksomething88
    dksomething88 Posts: 12
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    Thanks for all replies, this is all very reassuring. AOS submitted, will follow the guide on the board and update as I go! 

    Thanks 
  • Coupon-mad
    Coupon-mad Posts: 129,144
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    OK, show us your intended draft paragraphs 2, 3 and 4 in your defence.
    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
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