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County Court Claim Regarding Parking Tickets

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Comments

  • Will the PPC not claim for other ridiculous expenses if I lose like loss of wage from not being able to attend work?
  • KeithP
    KeithP Posts: 37,614 Forumite
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    SamSteel89 wrote: »
    ...a parking firm that clearly do this on a regular basis.

    Do what on a regular basis?

    Lose at court?

    Did you not read Coupon-mad's post immediately above yours?
    Here's the important bit* again, in big letters:
    we win 99% of cases




    *not saying the rest of C-M's post isn't important. :D
  • Just to say - they scare people into paying on a regular basis, the county court is not scary, and sometimes they simply do not bother to pay up in which case you automatically win.

    And they cannot claim for ridiculous expenses, as for being unable to attend work, that is their work so they are actually working.
    What is this life if, full of care, we have no time to stand and stare
  • Coupon-mad
    Coupon-mad Posts: 131,578 Forumite
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    SamSteel89 wrote: »
    Will the PPC not claim for other ridiculous expenses if I lose like loss of wage from not being able to attend work?

    No. Already told you, this is small claims and they CANNOT claim huge costs unless you conduct yourself unreasonably. Defending an unfair parking charge (that the Beavis case recognised was already highly inflated to cover costs, and including significant profit, even bearing in mind some court case work) is in itself not unreasonable!

    The difficulty you have is if your local court is Bournemouth/Poole, as this was historically Devere's happy hunting ground with a Judge who (I think) was an ex-JP who...let's just say...gave the impression of being on Devere's side.

    But that was years ago, and since then we've seen Devere beaten, including recently.
    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
  • Yeah that's what I mean by Devere doing this on a regular basis. They are a parking company that probably have 10 court hearings a day to get money out of people and have favour with their local judge, and I'm just an amateur who's never even faced a court claim before, let alone actually going to court! But if you guys are confident I have a high chance of winning the case and the costs of losing aren't any higher than what I would pay if I fold, then I guess I'll be relying on your help (which I greatly appreciate btw)

    So this is where I'm at now...Devere have refused mediation (which I haven't requested anyway) and the letter from the court now states I must submit a Small Claims Directions Questionnaire (Form N180) by the 29th if December
  • Coupon-mad
    Coupon-mad Posts: 131,578 Forumite
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    edited 20 December 2017 at 6:27PM
    They are a parking company that probably have 10 court hearings a day

    No they don't, they rarely feature on the list of parking court cases that the BMPA publish daily, to help people who are trying to research their case.

    You appear to have missed looking Devere up, as the NEWBIES thread post #2 tells people to do, by Googling their name and the words 'BMPA Insight'. They are not a big player.
    So this is where I'm at now...Devere have refused mediation (which I haven't requested anyway) and the letter from the court now states I must submit a Small Claims Directions Questionnaire (Form N180) by the 29th if December
    That's all normal and how to fill in the DQ is explained in the NEWBIES thread in detail.

    I'd say you have a chance of winning, maybe not as high as others, because you said you parked under a sign and you've admitted to being the driver who didn't display a permit...and Devere only have to look at this thread to suss who you are.

    Admitting on a public forum who was driving, didn't go well for Mr Thomas when CPS took him to court in 2008. If this has been read by Devere by now, then you can't even use the point that they never obtained your data for the first PCN.

    However, I can't see the point of folding and paying £257. I would defend, personally. I'd also never let my family even think about renting a flat where a firm like Devere rinse ordinary users of the car park.
    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
  • Really? So discussing my defence on here like people were asking may have actually harmed my defence in court?! I'm starting to feel all of this was a waste of time
  • Also the sign I parked under didn't say 'permit holder', it said 'visitors parking only' and nothing else. I have photographic evidence of this and that's basically my defence, the parking spaces do not clearly suggest they are for permit holders
  • Coupon-mad
    Coupon-mad Posts: 131,578 Forumite
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    SamSteel89 wrote: »
    Really? So discussing my defence on here like people were asking may have actually harmed my defence in court?! I'm starting to feel all of this was a waste of time

    If you think our advice is a waste of time or hindering you, then that's your choice.

    We didn't ask you to post as you did (and the NEWBIES thread warns you not to, and you shouldn't use your real name as a username either...). You chose to make that first post saying 'I parked' and you chose to send a weak defence before you came here; we didn't cause the issues we are now trying to help you overcome.

    We are trying to help you have a fighting chance, and we keep telling you that there is NO RISK of huge costs by continuing to defend. We've said that you might be able to turn this around at Witness Statement/evidence stage.
    Also the sign I parked under didn't say 'permit holder', it said 'visitors parking only' and nothing else. I have photographic evidence of this and that's basically my defence, the parking spaces do not clearly suggest they are for permit holders
    Good.

    That is your main defence, you do have some legs to stand on and could win, and it is worth the fight but you can't (now) pretend you were not driving, and you can't use the argument that the PPC didn't get your data as keeper in the correct way, not when you've publicly said you were the driver.
    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
  • I'm not saying I don't appreciate the advice people have given on here. It's just I'm clearly out of my depth with all this and i have only just joined the forums specifically for this. I've seen a lot of advice and web pages I've had to Google and ready through which has been confusing to me.

    I understand what you're saying abiut my admission to parking but I've been the registered owner of this car for 2 years, way before the first parking event occurred, so how would I have been able to claim I was not the driver unless my car had been stolen? No one else is insured on my car. So the fact the PPC did not request my DVLA info for the first ticket is irrelevant if they did for the second and I was the driver?
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