Help Needed with Private Parking Fine Escalated to Small Claims Court

Mrpickless

Hi everyone,

I’m seeking some advice regarding a private parking fine that has now escalated to small claims court. Here's the situation:

On 20th December 2024, I have emailed Carflow Limited explaining the situation and couple days later I received a court letter dated 17th December 2024, notifying me that I must either pay the amount claimed or respond to the court. The letter mentions that I can respond online, but it doesn’t provide a deadline date or the full details I need to log in and reply online. This has left me confused about how to proceed properly. It seems that I am missing Defence Pack Password which is not on the letter.

Before receiving the court letter, I emailed the parking company, Carflow Limited, to dispute the fine, but I’ve had no response from them. Which may have been a little bit late however they have not replied. Below is the email I sent them: 

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Subject: Formal Dispute of Parking Fine

Dear Sir/Madam,

I am writing to formally dispute a parking fine issued to me by Carflow Limited on 18 March 2022. I have recently received a letter from DCB Legal regarding this fine, which I believe to be unjustified.

At the time of the alleged offense, I parked at The Oak Shopping Centre, where the signage at the entrance clearly states that 90 minutes of free parking is allowed for customers. I was a legitimate customer during my visit and have retained the receipt to prove my purchase on that date.

The claim that I failed to purchase a parking ticket is unfounded, as the stated terms of parking did not require one for stays within the 90-minute free parking period. My stay did not exceed this limit, and I complied fully with the parking terms displayed at the site.

I kindly request that you review this matter and verify the evidence, including any CCTV or ANPR footage, to confirm that my vehicle was parked within the allowable free parking timeframe. For your reference, I have attached a copy of my receipt to demonstrate my genuine use of the shopping centre’s services.

In light of this, I request that the fine be canceled immediately, and I ask for confirmation in writing that the charge has been withdrawn. Please also inform DCB Legal of this decision to avoid any further unnecessary escalation.

Thank you for your attention to this matter. I look forward to your prompt response.

Yours faithfully,

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Despite this email, I received no reply, and now the court letter has arrived.

I’m not sure how best to respond to the court, especially given the missing details in the letter. Has anyone been in a similar situation? What would be the best way to approach this and avoid any unnecessary escalation?

Thank you for any advice you can provide!

LDast

Your MCOL password is on the front of the N1ST Claim Form. You just need to read it properly. Your deadlines are also in there.

What is the issue date of the Claim? Once we know that, we can decipher the deadlines for you.

The second post of the Newbies/FAQ thread explains it all in detail.

Coupon-mad

Please show us the claim form but cover up the 4 things that everyone else does. Read four or five claim threads next to yours to understand what we need to see and to know what to redact. 

fisherjim

Please note there is no such thing as a "private parking fine" it was an invoice, never use incorrect terminology with these things!

Mrpickless

Hi,

Thank you for getting back to me. 

I have attached the letter I received from Civil National Business Centre. When contacting them for guidance on how to respond to this letter I received a N244 Form.

From the letter I can't find the password to log in to complete the MCOL and can't find the deadline of when to respond by. I am assuming that the deadline will be 30 days from when it was Dated which was 17th December however I received it 23/24 December.

Can someone advice on what to do next? 

Coupon-mad

That's not the Claim Form.

That's a default CCJ because you didn't defend the Claim form. Did you ignore it (the Claim Form would have been dated in November)?

You've lost by default and it is past day 30 so you now have a CCJ wrecking your credit rating for 6 years.

I'm so sorry. If you'd told us what you really had we'd have advised you to pay it but it is now too late to do that.

PAYING IT OFF NOW DOES NOT WIPE IT.  DO NOT PAY AND DO NOT PHONE DCB LEGAL.

Your only option is to apply at a £303 court fee to set aside the CCJ but what will be your grounds to do that application, if the November Claim Form was ignored?

Mrpickless

I am not sure as I don't recall receiving any letter as I have moved homes since.

 I am also confused as the front of the letter is saying: "You must respond to the claim before the response date on the enclosed form. If you do not do this the claimant could request a County Court Judgement (CCJ) against you"

I have also been emailed N244 form to fill out by the Northampton Courts on the 10th January.

Half_way

I don't recall receiving any letter as I have moved homes since.

That may be grounds for overturning it as per the advice from coupon mad., they should have used other means to trace you

Another bit of important advice is this, do not do anything rash and do not panic

PAYING IT OFF NOW DOES NOT WIPE IT.  DO NOT PAY AND DO NOT PHONE DCB LEGAL.

Mrpickless

I have located the claim letter, which was actually sent to my current address. The letter stated that I needed to respond within 30 days, or a claim would be made against me. I did respond, but I mistakenly communicated directly with the claimant via email instead of contacting DCB Legal. I sent two responses: the first on 07/11/2024, which was within the 30-day notice period provided, but the claimant rejected it. I sent a second response on 20/12/2024, which was also rejected by the claimant.

I have attached a copy of the Letter of Claim received from DCB Legal for your reference.

Additionally, I was very unwell during this time and was going back and forth to the hospital, which impacted my ability to handle the matter properly.

Is there anything I can do at this stage to resolve this issue? I am also eligible to apply for assistance with paying the court fees.

Your support in this matter is greatly appreciated.

Thank you.

(Image removed by Forum Team)(Image removed by Forum Team)

Coupon-mad

No not that.

What was attached with THIS letter in the same envelope?



That covering letter was certainly not in the same envelope as the first one (Default Judgment) that you showed us.

Mrpickless

Thank you for getting back to me Coupon-mad.

The letter below is the front and the back of the same letter.

I dont recal receiving anything else with it.