Small Claims & PPCs

edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
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dggardggar Forumite
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edited 30 November -1 at 1:00AM in Parking Tickets, Fines & Parking
I'm not sure if it is true but there appears to rise in the number small claims being issued by PPCs.

I'm listing links to information about the Small Claims Procedure so that anyone who receives a notification can see what is involved.

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part27

http://www.justice.gov.uk/courts/procedure-rules/civil/rules/pd_part27#id3585830

http://www.smallclaims.me.uk/smallclaims_forms/ex303_0406.pdf

http://www.smallclaims.me.uk/smallclaims_forms/ex307.pdf

The third link is most relevent to anyone receive a notification from PPC.

Remember:-

Do Not Ignore Genuine Court Papers.
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Replies

  • edited 6 March 2014 at 9:48PM
    bargepolebargepole Forumite
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    edited 6 March 2014 at 9:48PM
    Here it is in a more digestible format: (Updates in bold)

    County Court Claims – The Procedure (England & Wales Only: different procedures apply in Scotland or NI)

    More people seem to be receiving County Court Claims from PPCs since October 2012. This guide is designed to show what to expect, and how to deal with them.

    1) The first step is the Claim Form (Particulars of Claim) N1, which will usually come from the Northampton bulk clearing centre, if done using Moneyclaim Online, or from Salford if done manually. For example, CEL send manual forms, these can't be responded to online, and any documents have to be posted to Salford. It should contain a Court stamp, and a claim number in the format 9NN99999. If you are in any doubt as to whether it is genuine, telephone the Court and quote the claim number. MCOL claims will also have a password to allow you to respond online.

    2) You have 14 days to return an Acknowledgement of Service (AOS). If you fail to respond, an automatic Default Judgment will be entered against you, and you will then have to pay the amount claimed within 21 days, or have a County Court Judgment (CCJ) recorded against you, and on your credit file.

    3) You should select the option which says “I intend to defend the claim in full”. This extends the deadline to 28 days, and gives you the time to post details of your case in its own thread on the Pepipoo private parking forum, and receive advice, and an initial brief defence statement, from one of the experienced members of the forum. Make sure that anything you post does not allow the PPC to identify who you are – they trawl these forums looking for suitable “victims”. You may well receive a Private Message (PM) about your case, offering to help. Only respond to PMs from established members with over 1,000 posts to their name.

    4) Your defence statement then needs to be sent off, either to Northampton or Salford. Once they receive it, they will send a copy to the Claimant, and you will then be sent a Directions Questionnaire (DQ), which can also be downloaded online (form N180 - new as from 1st April 2013). This must be completed within 28 days, and a copy sent to both the Court and the Claimant.

    The questions on it should be answered as follows:

    i) Settlement – Do You Wish To Use The Mediation Service? – Generally, the advice is to say No to this. The PPC’s position is that they want the full amount of the claim; your position is that they have no case, and you owe them nothing. It may be, in cases where it was a Pay & Display car park, and you either didn’t pay at all or overstayed the time paid for, that you could opt for Mediation, and offer them the relevant amount of the hourly parking charge. They almost certainly won’t accept it, but it strengthens your position if it goes to Court and you can demonstrate that you offered to make good their actual losses.

    ii) Location of Hearing – This is where you get the case transferred to your local Court, normally the County Court nearest to your home address.

    iii) Track – it needs to be on the Small Claims Track. Costs are very limited on this track, normally around £50 or so.

    iv) Witnesses / Expert Evidence – Both of these are Not Applicable

    v) Dates – Put down any dates on which you are unavailable to attend Court, eg pre-booked holidays.

    5) Once you have sent off the DQ to either Northampton or Salford, they will then send the case file to your designated local Court. A Judge will look at the papers, and unless he decides that the Claimant’s particulars are so flimsy that the case should be struck out, he will allocate a Hearing date, usually some weeks or months ahead. Both the PPC (The Claimant) and you (The Defendant) will get a letter advising the date. In order for the hearing to actually take place, the Claimant has to pay a Hearing Fee of £35 no later than 14 days before the listed date. If they fail to do this, the Claim is struck out by the Court, and the order sent to both parties.

    6) Once you have a court date, get back in contact with the member who prepared the initial defence for you, and they will then supply the full witness statement, skeleton argument and court bundle. We have a number of “standard” paragraphs which apply to almost all PPC defences, but we also need to personalise the statement with particulars about how the ticket was issued, what the PPC is claiming in their POC, whether the ticket was pre or post 1st October 2012, what was on the signage, etc.

    7) In the event that the PPC proceeds all the way to a contested hearing (almost all of ParkingEye's claims do end up in court), you must attend court on the date and time specified. You can bring a friend or relative to speak on your behalf as a Litigation Friend. These hearings are informal affairs, conducted in a side room with the Judge and both parties sitting around a table – no wigs, gowns or jury. The Judge will (or should) have read the papers beforehand, and will invite both the Claimant and Defendant to summarise their case. It is therefore essential that you have read, and fully understood, your defence statement, and that you are prepared to make the arguments. After hearing all the arguments, the Judge will either find for the Claimant, in which case you have to pay within 21 days, or find in favour of the Defendant, which means you owe nothing. If this happens, have a statement of your costs ready to hand to the Judge (see CPR 27.14) and he may make an order for the Claimant to pay your costs. The eventual outcome can be a bit of a lottery, as different Judges in different courts seem to vary widely in their application of the relevant law. This is why preparation, preparation and more preparation are essential.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 55, lost 13), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • nigelbbnigelbb Forumite
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    bargepole wrote: »
    iv) Witnesses / Expert Evidence – Both of these are Not Applicable
    Not necessarily. If your defence is that you were somewhere else when the alleged contravention took place then you might want to call a witness to confirm that fact.
  • bargepolebargepole Forumite
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    nigelbb wrote: »
    Not necessarily. If your defence is that you were somewhere else when the alleged contravention took place then you might want to call a witness to confirm that fact.
    Remotely possible, but unlikely. Normally a written statement of truth from the witness will suffice, don't forget that civil claims are decided on balance of probabilities, rather than beyond reasonable doubt.

    I have been providing assistance, including Lay Representation at Court hearings (current score: won 55, lost 13), to defendants in parking cases for over 5 years. I have an LLB (Hons) degree, and have a Graduate Diploma in Civil Litigation from CILEx. However, any advice given on these forums by me is NOT formal legal advice, and I accept no liability for its accuracy.
  • skizeewooskizeewoo Forumite
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    I received one last week after my boyfriend was adamant i should ignore them it will never come to anything. Im really fed up. Can ill afford to pay 170 quid.
  • StromaStroma Forumite
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    Please create your own thread about this situation, and don't ignore county court claims
    http://forums.moneysavingexpert.com/forumdisplay.php?f=163
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • hal81hal81 Forumite
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    I been issued with a parking ticket for apparently trespassing in a private car park (behind my house) without a valid permit. There were no signs displayed in the private car park the night before when I parked it. The next morning I confronted the Guy whilst he was writing the parking ticket to put on my car an I told him that there were no signs there the night before, he said that the sign was there and it had fallen to the bottom of the lamp post an it was still visible, which is a complete lie as I did not see it there before . the sign had already been fixed to the middle of the lamppost just before he issued the ticket.

    In the past there were two signs in the car park for trespassing, and i did not park my car there. but the signs had been removed by someone about a month ago.

    The parking ticket was issued at 13:45 , i had confronted him at 13:55, and tried to reason with him, telling him there were no signs displayed. he said it was too late that my details were already on the system.

    The registered keeper of my vehicle is hertz, and im not sure if I will be charged by hertz if they provide my details to ANPR.

    No sure what to do, feel stressed.

    PS: The guy who wrote the ticket did say he will mention that the sign was at the bottom of the lamp post on my behalf if i appeal against it.
  • Coupon-madCoupon-mad
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    This isn't the place for a new post. This thread is GUIDANCE INFO about Small claims for goodness' sake. You just have a trashy fake PCN from one of the most useless ex-clamper PPCs, LOL! The guy is not to be trusted.

    The answer is that because it's a Hertz car YOU MUST RESPOND with a challenge immediately (then the scammers can't write to Hertz at all).

    Start a new thread...using the 'new thread' button. On the parking forum (not here).

    Please do not reply here!!!!!!!!!!!
    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
  • StromaStroma Forumite
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    Didn't you read the post above yours ? This is about small claims, try reading the thread title before posting anywhere! As Coupon said create your own thread instead of hijacking this one!
    http://forums.moneysavingexpert.com/forumdisplay.php?f=163
    When posting a parking issue on MSE do not reveal any information that may enable PPCs to identify you. They DO monitor the forum.
    We don't need the following to help you.
    Name, Address, PCN Number, Exact Date Of Incident, Date On Invoice, Reg Number, Vehicle Picture, The Time You Entered & Left Car Park, Or The Amount of Time You Overstayed.
    :beer: Anti Enforcement Hobbyist Member :beer:
  • my car overstayed its parking time at morrisons who use euro car parks to issue tickets and fines [04.02.2013].Now had a letter from Zenith collections requesting £75.00 as a reduced settlement figure to avoid necessity and expense of legal action ! ! Still ignoring the letters as advised but it still has me worrying every time one comes through the post !! How on earth do they sleep at night ?:(
  • Coupon-madCoupon-mad
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    jackeny wrote: »
    my car overstayed its parking time at morrisons who use euro car parks to issue tickets and fines [04.02.2013].Now had a letter from Zenith collections requesting £75.00 as a reduced settlement figure to avoid necessity and expense of legal action ! ! Still ignoring the letters as advised but it still has me worrying every time one comes through the post !! How on earth do they sleep at night ?:(


    I ignored a fake PCN from Euro and laughed at all the letters. Really, it's quite fun, stop worrying, it's a scam and you know it. Here you go, plenty of pics and discussion and links to other people ignoring the DRP/Zenith letter chain:

    http://forums.pepipoo.com/index.php?showtopic=78495


    HTH
    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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