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County court claim parking ticket
Paueuser
Posts: 10 Forumite
Hi I have read the newbies thread but I'm not really sure I can defend myself as my only defense would be that my parking permit was for Eastbourne university and as we had a one day conference at a different car park under the same university I thought it would be ok to park as it was under the same university.
Should I just give up and pay or it is worth trying to build a defense.
Thanks for your help xxxx
Should I just give up and pay or it is worth trying to build a defense.
Thanks for your help xxxx
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Comments
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The claim form is from one parking solution for £230 on the 27th Nov 20190
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They are claiming a lot more than the law allow, read this.
https://forums.moneysavingexpert.com/discussion/6014081/abuse-of-process-district-judge-tells-bwlegal
Of course it is worth defending, n[FONT=Times New Roman, serif][FONT=Times New Roman, serif]ine times out of ten these tickets are scams. Also, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]You never know how far you can go until you go too far.0 -
With a Claim Issue Date of 27th November, you have until Monday 16th December to do the Acknowledgment of Service, but there is nothing to be gained by delaying it. To do the AoS, follow the guidance offered in a Dropbox file linked from post #2 of the NEWBIES FAQ sticky thread. About ten minutes work - no thinking required.The claim form is from one parking solution for £230 on the 27th Nov 2019
Having done the AoS, you have until 4pm on Monday 30th December 2019 to file your Defence.
That's four weeks away. Plenty of time to produce a Defence, but please don't leave it to the last minute.
When you are happy with the content, your Defence could be filed via email as suggested here:-
Print your Defence.
- Sign it and date it.
- Scan the signed document back in and save it as a pdf.
- Send that pdf as an email attachment to CCBCAQ@Justice.gov.uk
- Just put the claim number and the word Defence in the email title, and in the body of the email something like 'Please find my Defence attached'.
- No need to do anything on MCOL, but do check it after a few days to see if the Claim is marked "defence received". If not, chase the CCBC until it is.
- Do not be surprised to receive an early copy of the Claimant's Directions Questionnaire, they are trying to keep you under pressure. Just file it.
- Wait for your DQ from the CCBC, or download one from the internet, and then re-read post #2 of the NEWBIES FAQ sticky thread to find out exactly what to do with it.
0 - Sign it and date it.
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Thank you so much for getting back to me, I am still unsure what defense I can use. There were no issues with signage or parking lines, I just made a mistake in not understanding the terms.
Is it possible to just try and get the fine lower on the grounds that the cost is unreasonable for a student?0 -
I am still unsure what defense I can use.
Do they have a contract? Has it been properly signed? Is it up to date. Is their wording compliant with POFA. Has they kept to dates/times, are the signs too high, too wordy, are the TNC fair?, and much much more, all contained in the stickies/FAQs, have you read them?
[FONT=Times New Roman, serif][FONT=Times New Roman, serif]Nine times out of ten these tickets are scams, so consider complaining to your MP after the election, as it can cause the scammer extra costs and work, and has been known to get the charge cancelled.
Parliament is well aware of the MO of these private parking companies, many of whom are former clampers, and on 15th March 2019 a Bill was enacted to curb the excesses of these shysters. Codes of Practice are being drawn up, an independent appeals service will be set up, and access to the DVLA's date base more rigorously policed, persistent offenders denied access to the DVLA database and unable to operate.
Hopefully life will become impossible for the worst of these scammers, but until this is done you should still complain to your MP, citing the new legislation.
[/FONT][FONT=Times New Roman, serif]http://www.legislation.gov.uk/ukpga/2019/8/contents/enacted[/FONT][FONT=Times New Roman, serif]
Just as the clampers were finally closed down, so hopefully will many of these Private Parking Companies.[/FONT][/FONT]You never know how far you can go until you go too far.0 -
The final figure will be decided by the judge unless you go for an out of court settlement
There was no fine , just an invoice , they have inflated it beyond £175 which includes court and legal fees , so the added charges can be disputed
NB , there is no S in the word Defence
Your ability to pay or not is irrelevant , even jobless homeless people can incur court costs or actual fines0 -
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So your advice would be to just pay it?
Sorry defence *0 -
What made you draw that conclusion? Noone said pay, did they?!0
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I could argue that as I already have applied for a parking permit for the university, based on where I study which is at Eastbourne campus, my lectures had been transferred to another campus just for a single day which is not clear on the signs whether I would not be able to park there or not as applying for a new permit for one day would be not be allowed0
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