Court claim for a parking ticket

[Thewise1]

Hello,

I received a court claim for a parking ticket a while ago and I have already submitted an acknowledgement of service on 30/06/2016. I have been pondering on how to formulate my defence. I have been lurking here for a while and some of you seem to know a lot more than I do and would therefore ask if there is a kind soul that would help me formulating my defence.

I have already attached a copy of the front page of the court claim. The particulars of claim do not offer substantial evidence and since most of the claims are from 2 years ago I cannot exactly remember the details. How would I go about seeking further information/evidence form the claimant?

The parking tickets took place in my university car park, the university has contracted a private parking company, Horizon Limited, to manage all aspects of parking regulation. Since the parking ticket is from a private company I was told by family and friends not to pay the fines and ignore them completely. It is now after 2 years that they are going ahead with court claim. I would also like to add that the way our university permit system works, you have to book parking everyday you are attending university and has to be printed and displayed.

What are my options regarding formulating defence? The sum they are asking is a little ridiculous.

Thanks.

[Kati]

Re: Court claim for a parking ticket

tagging [MENTION=5354]mystery1[/MENTION]

[mystery1]

Re: Court claim for a parking ticket

Bump your thread up on friday as i'm working. We have until Monday @ 16:00 to submit.

M1

[Thewise1]

Re: Court claim for a parking ticket

@mystery1


My acknowledgement of service was submitted on 29/06/2016 and received on 30/06/2016, do I really have until Monday the 18th? The last thing I want is a default judgement against me.

---------------Here are a couple of points I have come up with---------------
1. The Defendant denies that he is liable to the Claimant either as alleged in the Particulars of Claim or at all. Save where otherwise admitted, each and every allegation in the Particulars of Claim is denied
2. The Particulars of Claim do not, nor have any supported documents have been received, offer substantial evidence to the claims, the defendant is therefore requesting the claimant to provide full evidence (including photographic evidence) to support the claims being made.
3. I request the court orders the Claimants to provide the necessary documentation in order for me to fully plead my case else the Claim should stand struck out.
4. In the event that the relevant documents are received from the Claimants I will then be in a position to amend my defence, and would ask that the Claimants bear the costs of the amendment.
5. The defendant has only recently returned to UK, having just spent a year living and working in Italy, and as such correspondence from the claimant has not been received.
6. The claimant’s claim for each ticket is disproportionate and unfair, according to the Unfair Terms in Consumer Contract Regulations, parking charges on private land must not exceed the cost to the landowner during the period the motorist is parked there. In my case, the £120 charge the claimant is claiming per ticket far exceeds the cost to the landowner.
--------------------------------------------------------------------------------
Thanks,
Thewise1

[charitynjw]

Re: Court claim for a parking ticket

I calculate the same as mystery1.

Issue date (15th June) + 33 days.

[mystery1]

Re: Court claim for a parking ticket

I would suggest along these lines, edited to suit.

thewise1def.rtf

M1

[Thewise1]

Re: Court claim for a parking ticket

Thanks @mystery1

If the claimant is enforcing a parking charge for no permit, can a point be made about a lack of contract between the defendant and the claimant? I have included an example of a permit that has to be booked and displayed prior to parking. Supposedly, if no parking was booked (i.e no permit bought) for the day and if I were to park in a permit only car park have I still entered into a contract with the claimant? This is the only confusing part as I am unsure if the contract is made at the time of booking or when I initially signed for the parking system/scheme.

Also, is it worth mentioning the fact that I was away for a year, living in a different country?

[mystery1]

Re: Court claim for a parking ticket

Hello,

I received a court claim for a parking ticket a while ago and I have already submitted an acknowledgement of service on 30/06/2016. I have been pondering on how to formulate my defence. I have been lurking here for a while and some of you seem to know a lot more than I do and would therefore ask if there is a kind soul that would help me formulating my defence.

I have already attached a copy of the front page of the court claim. The particulars of claim do not offer substantial evidence and since most of the claims are from 2 years ago I cannot exactly remember the details. How would I go about seeking further information/evidence form the claimant?

The parking tickets took place in my university car park, the university has contracted a private parking company, Horizon Limited, to manage all aspects of parking regulation. Since the parking ticket is from a private company I was told by family and friends not to pay the fines and ignore them completely. It is now after 2 years that they are going ahead with court claim. I would also like to add that the way our university permit system works, you have to book parking everyday you are attending university and has to be printed and displayed.

What are my options regarding formulating defence? The sum they are asking is a little ridiculous.

Thanks.

Thanks @mystery1

If the claimant is enforcing a parking charge for no permit, can a point be made about a lack of contract between the defendant and the claimant? I have included an example of a permit that has to be booked and displayed prior to parking. Supposedly, if no parking was booked (i.e no permit bought) for the day and if I were to park in a permit only car park have I still entered into a contract with the claimant? This is the only confusing part as I am unsure if the contract is made at the time of booking or when I initially signed for the parking system/scheme.

Also, is it worth mentioning the fact that I was away for a year, living in a different country?

For me, the claim mentions none of that. Whilst these things are worth bearing in mind in case the case proceeds as a parking case despite the particulars of claim, i would keep my powder dry and introduce nothing that the claimant can use to twist a non case in to a something case. Be ready behind the scenes to switch to the case they should have presented, of course. Hopefully the court lambasts them and chucks it out as useless.

http://parking-prankster.blogspot.co...t-are-ipc.html

M1

[Thewise1]

Re: Court claim for a parking ticket

@mystery1


I have received a Notice of Proposed Allocation to the Small Claims Track and I have until 25 August 2016 to complete Small Claims Directions questionnaire. In the claimant's questionaire, the claimant has opted to agree to small claims track and opted out of the mediation service. The claimant has also included a request for special direction in which the claimant wants the matter to be considered on paperwork without a hearing.

Does anyone know whether it is best to agree to the special direction or not, and whether to opt for mediation service.

Thanks,
Thewise1

[mystery1]

Re: Court claim for a parking ticket

Yes to mediation and no to the special direction.

Send your DQ to court and them.

M1

[Thewise1]

Re: Court claim for a parking ticket

@mystery1

If you don't mind me asking, why is it better to take oral hearing rather than paper based. Would I incur more costs this way?

Thanks

[mystery1]

Re: Court claim for a parking ticket

Because they have to be quite shifty to make those pleadings in to a case about parking. You want to be there to object to late amendments and naff evidence that they'll produce at the last minute or even too late which you need to object to. It is also naturally harder for a judge to look you in the eye, knowing things are not right, and shaft you.

The claimant might not even show up which makes life much easier for the judge to sling it out.

M1

[Thewise1]

Re: Court claim for a parking ticket

@mystery1


The claimant has sent me their final statement before the hearing in the small claims track. I have included a copy of the claimant's defence based on our last statement. How would I go about rebutting the claimant's defence and how should I approach the small claims track in order to stand the best chance for a decision in my favour/minimise the losses? The court has set the date to the 9th of November.

Thanks for you help,

Regards,
Thewise1

[mystery1]

Re: Court claim for a parking ticket

The court date is 9th or the deadline for filing documents is the 9th ?

M1

[Thewise1]

Re: Court claim for a parking ticket

The court date is on the 9th, I am not sure about filing documents.