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County Court Claim Form from private parking fines!

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  • County Court Claim Form from private parking fines!

    Hello
    I received a County Court Claim Form from SCS for private land parking fines and don’t know how to deal with it.
    I live in block of flats where the car park I managed by UKPC. When I moved in I was promised a permit which I was supposed to receive in couple of weeks but in reality it took good few months before I got it.
    I tried keeping my car out of the car park but there wasn’t many places to park near me and sometimes I had no choice but to park in the car park as I am a single mum of 2 small children. I got few parking fines which I ignored like most people do.
    Now SCS sent the Court Claim Form.
    Is there any help/advice available on that matter?
    I’d be very grateful.
    Tags: None

  • #2
    What does your lease say about parking?

    Comment


    • #3
      The first thing is to acknowledge the claim using the details and password on the form. Do not put anything into the defence. This gives you 33 days from the date of issue to get your defence in to the court.

      Ignoring the invoices (they are not fines) from parking companies has not been good advice since the introduction of new regulations in 2012.

      Your tenancy agreement or lease may give you a right to park that the parking company cannot override. Get photos of the signs in place and as asked get out your agreement. If you are renting then your landlord might be willing to help by giving you a copy of their lease which may also give them the right to park without interference from anybody else.

      What is the breach that they are accusing you of? Here is some reading that may help

      Comment


      • #4
        Thank you guys.
        I don’t really understand much of it.
        The building I live in is partly private and some of it are council flat. I got my place from the council.
        My landlord told me that there was no parking permits for council tenants and that he was sorting it. He also said that I have no permission to park there until I get my permit and that I might get a fine if I do.
        I have to look through my contract to see if anything is mentioned in there.
        Unfortunately I can’t get a picture of a signage as they’ve changed their parking managing company to PCM.

        SCS sent the Claim form with Defence and Counterclaim and Admission form where they ask questions about my income, employment, savings etc.
        It says that I have to send this back within 14 days. Do I have to fill this in and send back?

        Comment


        • #5
          They are accusing me of parking in a designated “permit holder parking space” without the permit

          Comment


          • #6
            Checked my tenancy agreement. It says:
            Where provided you will not park a vehicle in the car park area unless you have been issued with a residents permit. If you live on an estate with car parking controls you must comply with any rules or regulations advised to you.

            Comment


            • #7
              I’ve read on other forums that it is worth trying to contact the building owner and explain the situation. They might be able to help with that.
              I was willing to get my permit from the moment I signed the contract but it was in someone else’s hands.
              I wouldn’t mind backdating the payments for the permit to the date I’ve moved in.

              Comment


              • #8
                ostell

                Thank you for all the informations you have provided. It’s much appreciated!

                Should I leave the defence bit empty in te acknowledge form?

                Comment


                • #9
                  Acknowledge on line using the information on the form and LEAVE THE DEFENCE BLANK. This gives 33 days from date of issue to get the defence to the court.

                  Comment


                  • #10
                    ostell Thank you

                    Will do that. It scares me as I’ve never been to court before.

                    Will you be be able to guide me through the process, please?
                    And do you think I have any chance of winning this?

                    I would like to get in touch with the owner of the building but not sure how to find them. I know they have managing company for the building as there is over 100 flats.

                    Comment

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