Please help I’ve received a county court claim

Andy566

Hi
I need some help with a county court claim letter I’ve received 
Around a year ago I parked in a car park outside pets at home on Dalby way in Coulby Newham, Middlesbrough. I went to McDonald’s and then drove off. A few weeks later I received a parking fine for not remaining on site. The car park I parked in is called “Dalby way” and the McDonald’s is also on Dalby way. There is a fence between the car park and McDonald’s but there is path and an opening without any gate leading to McDonald’s. 

I ignored the letters but I’ve now received a county court claim for over £300! Can anybody help me with how I can defend this. I’ve extended the date from 14 to 28 days online on money claim. I have had a look at the car park and there are signs stating drivers must remain on site but there are no site boundaries. 

Any help would be greatly appreciated 

Gr1pr

Study the newbies sticky thread in announcements near the top of the forum,  reading the second post carefully,  then study the defence template thread in announcements too

Name the parking company and the legal company 

Post the issue date from the top right of the claim form below 

Post the date that your AOS was completed online too,  below

Also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

So a few basics to post in your next reply 

kryten3000

If you ignored them completely then the claim is against the Registered Keeper, not the driver.

"leaving site" claims are rarely successful especially when there is no actual evidence of the breach.  Often the claimant can only provide images of the vehicle which isn't good enough.

Car1980

Show us the full particulars. Which PPC?

There is a fence between the car park and McDonald’s but there is path and an opening without any gate leading to McDonald’s. 

The onus is on the claimant to make their contract and any restrictions clear. If there is a pedestrian exit that invites usage by its very existence, there has to be a clear sign at this point stating that leaving on foot would attract a £100 charge and clear demarcation in paint on the path's surface. The alleged contract contains such an onerous term that it has to be made crystal clear. To rely on a sign in the car park alone would be insufficient to meet the landowner's legitimate interests, and an unmarked pedestrian exit would amount to a £100 cash generator for the Claimant instead.

Andy566

Gr1pr said:

Study the newbies sticky thread in announcements near the top of the forum,  reading the second post carefully,  then study the defence template thread in announcements too

Name the parking company and the legal company 

Post the issue date from the top right of the claim form below 

Post the date that your AOS was completed online too,  below

Also post a redacted picture of the POC from the lower left of the claim form below after hiding the VRM details first 

So a few basics to post in your next reply 

Hi

Thanks for your response, I’m not 100% about the abbreviations but I’ve linked my claim form if that helps.

(Removed by Forum Team)

Andy566

Car1980 said:

Show us the full particulars. Which PPC?

There is a fence between the car park and McDonald’s but there is path and an opening without any gate leading to McDonald’s. 

The onus is on the claimant to make their contract and any restrictions clear. If there is a pedestrian exit that invites usage by its very existence, there has to be a clear sign at this point stating that leaving on foot would attract a £100 charge and clear demarcation in paint on the path's surface. The alleged contract contains such an onerous term that it has to be made crystal clear. To rely on a sign in the car park alone would be insufficient to meet the landowner's legitimate interests, and an unmarked pedestrian exit would amount to a £100 cash generator for the Claimant instead.

Exactly what I thought. To be honest I’ve always used the car park without issue and didn’t notice the signs. It seems they had just introduced them when I got caught. They don’t have any signs at all when walking out the car park and it seems quite a few people have got tickets. I know two other people, there’s posts online and they’ve put signs up outside shops asking people not to speak to staff about parking fines as they can’t help. 

I’ve added the particulars and the route I took.  (Removed by Forum Team)

Andy566

kryten3000 said:

If you ignored them completely then the claim is against the Registered Keeper, not the driver.

"leaving site" claims are rarely successful especially when there is no actual evidence of the breach.  Often the claimant can only provide images of the vehicle which isn't good enough.

Yeah I completely ignored them but I am the registered keeper and driver. 

Coupon-mad

Report your post and ask the Forum Team to remove that 'route' picture immediately. You don't admit to this!

Also get the Claim form image removed as it shows the password.