Time lapse

Meeko24

Hi, I had a parking notice from a private parking company 4 years ago. I am disabled and parked in a car park and displayed my blue badge (this was start of covid and social distancing). I attempted to get to the pay meter to see if blue badge holders were required to pay but as there was a queue of socially distanced people and my high risk, I left the car park to go to the nearest pharmacy to get pain medication. On returning, there was another queue and being disabled, I was unable to wait. I was parked for 12 minutes. A few months later I received a fine for £170. I explained the situation and hoped for clemency given what was happening in the world. I offered to pay for the time I was there but this was rejected. I asked that if that was the case, to take the matter to court. in total, i asked on at least 3 occasions to escalate this to court. Eventually, they closed the case and I heard nothing more until 3 and a half years later I received a letter from a debt collection agency acting on behalf of the parking company's behalf, stating that they were now acting for them and demanding the £170. They have now escalated this to court. Is this right??

kryten3000

The Claimant has 6 years to bring a claim, so they're within their rights to do so.

You need to follow the court claim process in the Newbies thread - Acknowledge the claim to start off then formulate a defence.

Meeko24

I watched a Martin Lewis show and I'm sure that he said if I asked the claimant to escalate this to a court within a set timeframe and they didn't, they would have to close the case? 

Meeko24

I have completed an N180 Directions Questionnaire and have just sent them out.

KeithP

Meeko24 said:

I have completed an N180 Directions Questionnaire and have just sent them out.

Reading that, it looks like you have already filed a Defence.
Can you please show us the Defence you filed?

Meeko24

08 December 2024

This incident occurred on 18th April 2020. I am disabled with partial paralysis down my left side (caused by the removal of a brain tumour in 1999), osteoarthritis in my spine and hips and fibromyalgia in my shoulders.

On the date in question this was the start of covid and social distancing. I suffer with chronic pain on a daily basis and take 100mg tramadol three times daily along with 350mg pregablin twice a day. My mobility is limited and I receive PIP at enhanced rate for care and mobility and as such, I am unable to stand for any great length. I needed a repeat prescription for my pain medication along with my normal meds, the nearest pharmacy that was open, was in Basildon Town Centre (10 miles from my home). I saw a car park with several other cars in it, I parked my Motability car and displayed my blue badge. Having never used this car park before, I went towards the ticket machine to see if blue badge holders were expected to pay, where there was a small queue, socially distanced from each other. Being unable to stand for too long, I left and went to the pharmacy and was back in the car park within around 20 minutes. Again I went to the ticket machine where another small queue had formed. As it was raining, I left the car park and drove home.

On 6th July 2020 I received a letter from Britannia Parking’s solicitors, B.W. Legal who demanded payment of £170.00 for a parking offence. I replied by email on the same day and explained the circumstances and offered to pay for the 20 minutes that I was parked and hoped that given the situation, this would be rescinded or alternatively, I would be happy to contest this in Court.

On the 10th July 2020 I received an email response from B.W. Legal again demanding £170.00, to which I again replied on the same day asking them to re-look at this due to the circumstances at the time or escalate this to a Court.

On the 15th July 2020 I again received an email response asking me to pay and I again asked them to take this to Court.

In total, I gave B.W. Legal who were acting for Britannia Parking, 3 opportunities to escalate this to court, which they declined to do so and B.W. Legal closed this case in December 2020

On 2nd September 2024, almost 4 years after Britannia Parking’s legal team declined taking this to Court and closed the case, I was contacted by Direct Collection Bailiffs Limited with a Final Notice of debt Recovery. I emailed Direct Collection Bailiffs and explained that this case has been closed but they have demanded payment.

As Britannia had ample opportunity to have this heard in Court in 2020 and this case was closed in December 2020, I do not see that I have a case to answer.

Yours sincerely

Coupon-mad

OK, so you are now at N180 stage, so please get back on our 'first 12 steps' track by reading those steps in the Template Defence top 'sticky' thread, including what to say at Mediation: do not be bullied - you owe nothing!

And read how to complete the N180 in the NEWBIES thread.

Both are found by clicking where my signature says. My signature below, is NOT a link, but look:

Nellymoser

We so badly need protected from this greedy nasty industry. Please join the motorists in demanding the re-launch of Govt-backed Parking Code of Practice.

A simple signature, share if you can. 🙏

https://petition.parliament.uk/petitions/701453

Meeko24

Hi all, Moderation phone appointment booked for 3rd March, will keep you updated

Nellymoser

Typo...think it'll be your Mediation appt. 

Make sure Mediator remains impartial and any info provided is factual. If you find this is not the case don't be frightened to tell/question them.

Coupon-mad

Meeko24 said:

Background:

disabled with partial paralysis down my left side (caused by the removal of a brain tumour in 1999), osteoarthritis in my spine and hips and fibromyalgia in my shoulders.

On the date in question this was the start of covid and social distancing. I suffer with chronic pain on a daily basis and take 100mg tramadol three times daily along with 350mg pregablin twice a day. My mobility is limited and I receive PIP at enhanced rate for care and mobility and as such, I am unable to stand for any great length.

I needed a repeat prescription for my pain medication along with my normal meds, the nearest pharmacy that was open, was in Basildon Town Centre (10 miles from my home). I saw a car park with several other cars in it, I parked my Motability car and displayed my blue badge.

Having never used this car park before, I went towards the ticket machine to see if blue badge holders were expected to pay, where there was a small queue, socially distanced from each other. Being unable to stand for too long, I left and went to the pharmacy and was back in the car park within around 20 minutes. Again I went to the ticket machine where another small queue had formed. As it was raining, I left the car park and drove home.

Update:

Mediation phone appointment booked for 3rd March, will keep you updated

Given you do owe a quid or so for your parking but you are significantly mobility impaired, on enhanced PIP and (this was during Covid times) you were unable to access the machine, you could try this at Mediation:

https://forums.moneysavingexpert.com/discussion/comment/81236783/#Comment_81236783