County Court Hearing for Parking Charge, However Ignored the POPLA Process

chubbalubbs111

Hi there, I have a county court hearing for an unpaid Parking Charge as the Registered Driver of the car, as I have photographic proof at there is insufficient signage at the car park. However, I realised that I ignored the POPLA appeals process, which could count against me.

I didn't believe that this was a legitimate appeal route (i.e. was something decided by the car parking company), and thought the appeal would be something that would be rejected regardless.

I believe my evidence will be sufficient. However the fact I ignored the POPLA appeal is a concern. Has anyone experienced this before?

Gr1pr

Registered Keeper, not driver, i doubt that ignoring Popla would matter

Name the private parking company claimant involved and any lawyers too

When is the hearing date. ?

Gr1pr

OK, What is the deadline date for the hearing fee ?

What is the deadline for the WS + Exhibits. ?

Post a redacted copy of the defence that you submitted months ago to the CNBC in Northampton

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

Who signed the claim form ?

chubbalubbs111

So the deadline date for the hearing fee has already past

Happy to provide the rest of the details, however where would I find a copy of the claim form?

Gr1pr

Phone the court on Monday and see if they paid the hearing fee before or by the deadline date

Check if the hearing is going ahead, or vacated, too

The claim form was posted to you by the CNBC in Northampton months ago, probably last year

The POC are on the lower left hand side of the claim form

chubbalubbs111

Thanks will do.

I do not have the claim form on hand, however I do have a solicitors name who has reached out to conclude an offer on behalf of the claimant.

Coupon-mad

You've got the Claim Form of course! You defended it. Please show us the Particulars and your defence, verbatim.

TCP do continue to hearings.

Not using POPLA is irrelevant and your reasons are completely valid. Judges won't care about not using an industry funded farce.

What's your WS deadline?

Received theirs yet?

Gr1pr

Dcb legal ALWAYS do that, part of their M.O.

Check your email inbox and spam folders for their N279 discontinuation document over the weekend

Phone your local civil court first thing on Monday

Coupon-mad

TCP cases go to hearings.

chubbalubbs111

WS deadline is the 26th of May

Could I find the claim form through MCOL?

I've not received anything from their side

Defence is as follows:

"After visiting the car park in question it is apparent that there is no signage outlining the terms and conditions upon entry. So the terms and conditions would not be obvious to anyone before entering the car park.

The limited signage is not visible in many areas of the car park, hidden in shrubbery and/or easily obstructed. This makes it very easy to park in numerous areas of the car park where signage is invisible and the terms and conditions of the car park are not apparent.

The recently added machine used to take payment does not work, as per the day of my visitation, for which I have video evidence. In addition to this, the app used to make payments is unintuitive, and difficult to use - making the alternative method for payments far more difficult. It is possible that an individual with limited technical literacy would struggle with such an app, and potentially even overstay as a result of technical difficulties using the app. There is also the possibility that the customer would assume that the app is defective.

Finally, the amount claimed is further surprising, as the maximum amount for a parking charge is £100, there are 2 contraventions listed on the letter amounting to £200. However it appears there are an additional £128 fees on top of the initial parking charges which is not apparent, I am unsure as to what these fees are -so in reality I expect the amount being pursued to be around £200,there may be a mistake on the claimant's behalf regarding the amount claimed."

Coupon-mad

Could I find the claim form through MCOL?

No. You certainly have the Claim form. It arrived by post from Northampton CNBC.

You defended it. It can't have been binned?!