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    • Lostgirl7
    • By Lostgirl7 13th Apr 18, 12:34 AM
    • 2Posts
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    Lostgirl7
    Urgent help! County Court
    • #1
    • 13th Apr 18, 12:34 AM
    Urgent help! County Court 13th Apr 18 at 12:34 AM
    Hi All,

    Iíve been reading through but I canít seem to find a solution to my issue.

    I was parking on a car park that on one side had a business (bingo hall) but also had a pedestrianised entrance to a metrolink platform. There were no clear signs to state who owned the land.

    I was parking there for around 3 months, and I received 2 parking notifications of illegal parking from private eye. These came around a month after I had parked there, and were not on the consecutive day to each other, and I had parked there since. The company put up signs just before I received these notifications and I stopped parking there.

    I now have a court claim against me for £460!!
    Do I have a right to claim against this? Seeing as I parked on the land everyday for 3 months and only r received 2 fines?! Other people from my company parked on the same car park and didnít receive any fines on the same day, and there was no clear signs at the time, however they put up signs afterwards and seeing as it was a notification through the post I couldnít collate any evidence???

    If I do, does anyone have any idea how I write all to the court?
Page 1
    • KeithP
    • By KeithP 13th Apr 18, 1:25 AM
    • 8,733 Posts
    • 8,634 Thanks
    KeithP
    • #2
    • 13th Apr 18, 1:25 AM
    • #2
    • 13th Apr 18, 1:25 AM
    What is the date of issue of your court claim form?

    Who are the parking company?

    You now need to start reading post #2 of the NEWBIES FAQ sticky thread.
    It's not a quick read, but it is comprehensive.

    In there you will find the greatest detail on how to tackle this.
    .
    • The Deep
    • By The Deep 13th Apr 18, 9:31 AM
    • 9,968 Posts
    • 9,766 Thanks
    The Deep
    • #3
    • 13th Apr 18, 9:31 AM
    • #3
    • 13th Apr 18, 9:31 AM
    Do I have a right to claim against this?

    Claim what? From whom? For what reason.

    Private Eye are a satirical magazine. They have been sued many times, and have very good lawyers. I would tread carefully. Read Arkell v Pressdram.
    You never know how far you can go until you go too far.
    • nosferatu1001
    • By nosferatu1001 13th Apr 18, 10:06 AM
    • 3,150 Posts
    • 3,862 Thanks
    nosferatu1001
    • #4
    • 13th Apr 18, 10:06 AM
    • #4
    • 13th Apr 18, 10:06 AM
    No idea what counter claim you woudl have against them, unless you contend there weer no signs WHEN YOU PARKED - if they put them up after then of course thats relevant.

    NEWBIES thread, post 2, tells you how to deal with parking claims. £460 for two tickets is high for parking eye - who we assume you mean - as they nromally look for £175 per tickert.

    I presume you ignored all documents up to this? Made no attempt to engage?
    • Lostgirl7
    • By Lostgirl7 17th Apr 18, 10:21 PM
    • 2 Posts
    • 0 Thanks
    Lostgirl7
    • #5
    • 17th Apr 18, 10:21 PM
    Info
    • #5
    • 17th Apr 18, 10:21 PM
    The parking company is minister bay watch .... no idea where I go at private eye from oops

    Well they are claiming I breached the terms of parking on Mecca bingo car park but..

    1. How can I park there everyday for 3 months and have only breached it twice (I breached on 27/09/2017 then 05/10/2917 - I parked there Monday to Friday so how didnít it breach It every other day, I was there 2/10, 3/10, 4/10?!) surely they canít just pick and choose when to fine you?? But can I used that as a defence

    2. How do I prove there were no signs up when I parked there?

    3. How can they prove I breached the conditions? I assume their claim is I didnít use Mecca bingo but how could they prove it?

    My claim issue date is 9th April

    They are claiming £330.60 with additional £85 for legal costs!,

    Please help this seems totally unfair
    • KeithP
    • By KeithP 17th Apr 18, 10:46 PM
    • 8,733 Posts
    • 8,634 Thanks
    KeithP
    • #6
    • 17th Apr 18, 10:46 PM
    • #6
    • 17th Apr 18, 10:46 PM
    You mention 'illegal parking' but what exactly are they saying you did wrong?
    Are they suggesting you overstayed?
    Perhaps parking is forbidden there?
    Did you not pay for enough time?
    Currently you have given us little to work with.


    Have to smile at your comments:
    Other people from my company parked on the same car park and didn't receive any fines
    and...
    I parked there Monday to Friday so how didn't it breach It every other day, I was there 2/10, 3/10, 4/10?!) surely they can!!!8217;t just pick and choose when to fine you??
    If I choose to drive my car at 50mph in a 30mph zone every day of the week, the chances are I wouldn't get caught every day.
    Can I then argue that because I wasn't caught on some days, somehow I cannot be found guilty on those days that I was caught?
    Or perhaps because others travelling at the same speed weren't stopped, then I should go free too?


    If you Acknowledge Service before 28 April, you have until 14 May to file your Defence.
    Post #2 of the NEWBIES FAQ sticky thread should help you with both of those.


    Oh, and they're not fines.


    Why is the word Urgent in your thread title?
    Last edited by KeithP; 17-04-2018 at 10:51 PM.
    .
    • Quentin
    • By Quentin 17th Apr 18, 10:50 PM
    • 36,872 Posts
    • 21,007 Thanks
    Quentin
    • #7
    • 17th Apr 18, 10:50 PM
    • #7
    • 17th Apr 18, 10:50 PM
    Have you dealt with the AOS?


    If not do that now


    Then follow the newbies faq advice on drafting your defence and post it here for comments before sending it


    Assuming you haven't revealed who was driving to the ppc then you need to remove details of who was driving from your posts


    The ppcs monitor here and can use your posts against you.
    • The Deep
    • By The Deep 19th Apr 18, 10:37 AM
    • 9,968 Posts
    • 9,766 Thanks
    The Deep
    • #8
    • 19th Apr 18, 10:37 AM
    • #8
    • 19th Apr 18, 10:37 AM
    This is an entirely unregulated industry which is scamming the public with inflated claims for minor breaches of contracts for alleged parking offences, aided and abetted by a handful of low-rent solicitors.

    Parking Eye, CPM, Smart, and another company have already been named and shamed, as has Gladstones Solicitors, and BW Legal, (these two law firms take hundreds of these cases to court each year). They lose most of them, and have been reported to the regulatory authority by an M.P. for unprofessional conduct

    Hospital car parks and residential complex tickets have been especially mentioned.

    The problem has become so rampant that MPs have agreed to enact a Bill to regulate these scammers. Watch the video of the Second Reading in the HofC recently.

    http://parliamentlive.tv/event/index/2f0384f2-eba5-4fff-ab07-cf24b6a22918?in=12:49:41

    and complain in the most robust terms to your MP. With a fair wind they will be out of business by Christmas.
    You never know how far you can go until you go too far.
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