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County court letter over parking fine

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  • #1

    County court letter over parking fine

    Hi, this is my first time posting. Ive received two separate county court claims regarding two cars I had parked on the road by my house. They have issued 7 tickets to each car.
    SCS Law have sent me the particulars of the claim.

    Ive had judgement entered against me for one of the vehicles but that was set aside as I was in hospital at the time of the hearing. I now need to prepare a defence. I have attached the particulars of claim.
    I really don't know what to do here and I'd appreciate any help.
    Attached Files
    Tags: None
  • #2
    Re: County court letter over parking fine

    Do you have a parking permit ? Did you appeal these tickets as they came in ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

    Comment

    • #3
      Re: County court letter over parking fine

      I didn't have a permit and did not appeal any of the tickets

      Comment

      • #4
        Re: County court letter over parking fine

        Some idea of the backstory would help.
        The parking event contraventions which are being claimed for have taken place over 7/8 months.
        Was there adequate site signage?

        Do you have the original postal Notices to Keeper for these?
        & if applicable, windscreen PCNs?
        Any pics of site signage?

        If so, post up copies (front & rear of NtK)....obscure any personal details but leave all times/dates visible.

        & could you confirm that you have not ID'd who was driving on these occasions at all.
        CAVEAT LECTOR

        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

        You and I do not see things as they are. We see things as we are.
        Cohen, Herb

        There is danger when a man throws his tongue into high gear before he
        gets his brain a-going.
        Phelps, C. C.

        "They couldn't hit an elephant at this distance!"
        The last words of John Sedgwick

        Comment

        • #5
          Re: County court letter over parking fine

          Originally posted by charitynjw View Post
          Some idea of the backstory would help.
          The parking event contraventions which are being claimed for have taken place over 7/8 months.
          Was there adequate site signage?

          Do you have the original postal Notices to Keeper for these?
          & if applicable, windscreen PCNs?
          Any pics of site signage?

          If so, post up copies (front & rear of NtK)....obscure any personal details but leave all times/dates visible.

          & could you confirm that you have not ID'd who was driving on these occasions at all.
          I do not have any of the original postal notices to keeper or the windscreen PCNs.
          I have also not identified the driver.
          I have attached site signage and also the street in question.

          The backstory is that there was no parking restrictions in place at first, then UKPC marked yellow lines and put up parking signs. I'd assumed it was still ok to park on the side opposite to the yellow lines and as my car was not in use at the time, I'd gotten a few parking tickets and ignored the letters that came through the post. Unfortunately this summer I had an accident and was in hospital for some time, when I came back home I'd realised that judgement had been entered against me. This was recently set aside and I have till the 3rd January to submit my defence.
          Attached Files

          Comment

          • #6
            Re: County court letter over parking fine

            Hi

            You need to get copies of all the Claimant's evidence asap, particularly the postal Notices to Keeper.
            In your particular case, & as there is another potential claim waiting in the wings, a SAR might be of use.

            Could you also tell us the wording you used for the set aside?
            Was it with the Judgment Creditor's (formerly the Claimant's) consent?
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb

            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.

            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment

            • #7
              Re: County court letter over parking fine

              Originally posted by charitynjw View Post
              Hi

              You need to get copies of all the Claimant's evidence asap, particularly the postal Notices to Keeper.
              In your particular case, & as there is another potential claim waiting in the wings, a SAR might be of use.

              Could you also tell us the wording you used for the set aside?
              Was it with the Judgment Creditor's (formerly the Claimant's) consent?
              Thanks for getting back to me. I will ask for the postal notices right away. However would I need to file a defence as the deadline is 3rd January 4pm even if the defence is not detailed?
              what is a SAR?


              For the set aside, The wording was something along the lines of I was in hospital at the time of the hearing and was unable to defend myself. SCS Law did send me a letter consenting to the setting aside as they would not attend the hearing.

              Comment

              • #8
                Re: County court letter over parking fine

                For the set aside, The wording was something along the lines of I was in hospital at the time of the hearing and was unable to defend myself. SCS Law did send me a letter consenting to the setting aside as they would not attend the hearing.
                Usually for a set aside you need to show that you also have a viable defence to the original claim.
                Did you state any such defence?
                CAVEAT LECTOR

                This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                You and I do not see things as they are. We see things as we are.
                Cohen, Herb

                There is danger when a man throws his tongue into high gear before he
                gets his brain a-going.
                Phelps, C. C.

                "They couldn't hit an elephant at this distance!"
                The last words of John Sedgwick

                Comment

                • #9
                  Re: County court letter over parking fine

                  Originally posted by charitynjw View Post
                  Usually for a set aside you need to show that you also have a viable defence to the original claim.
                  Did you state any such defence?
                  No, the Judge said that he would order the claimant to send a detailed particulars of claim and I would need to file my defence afterwards.

                  Comment

                  • #10
                    Re: County court letter over parking fine

                    Ok

                    Were windscreen PCNs issued on each occasion?
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb

                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.

                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment

                    • #11
                      Re: County court letter over parking fine

                      Originally posted by charitynjw View Post
                      Ok

                      Were windscreen PCNs issued on each occasion?
                      Yes.

                      Comment

                      • #12
                        Re: County court letter over parking fine

                        Are you the registered keeper for both vehicles (or were you so at the relevant times)?
                        CAVEAT LECTOR

                        This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                        You and I do not see things as they are. We see things as we are.
                        Cohen, Herb

                        There is danger when a man throws his tongue into high gear before he
                        gets his brain a-going.
                        Phelps, C. C.

                        "They couldn't hit an elephant at this distance!"
                        The last words of John Sedgwick

                        Comment

                        • #13
                          Re: County court letter over parking fine

                          yes I was at the time.

                          Comment

                          • #14
                            Re: County court letter over parking fine

                            Imho you need to file a holding defence.
                            You also need to obtain as much info from the Claimant as possible....but it is unlikely you have enough time to do so ahead of filing your defence.

                            If it were me I'd SAR the Claimant for all data held.
                            I'd also send a CPR 31.14 request for the same to either the Claimant or, if applicable, their legal rep, for the same plus a copy of their contract with the landowner, a copy of their KADOE contract with the DVLA, & a detailed breakdown of the sums claimed.

                            It is important to deny all the Claimant's claims, so a generic sentence at the beginning of your Defence should suffice. (See the defence example below).
                            I reckon that the site sign is 'forbidding', so I'd also mention that, & that you are awaiting a response to a Data Protection Act Subject Access Request sent to the Claimant on (date), & awaiting a response to a CPR 31.14 request for disclosure evidence sent to the (Claimant/Claimant's legal rep) on (date).

                            Get proof of postage for both the SAR & the CPR 31.14.

                            SAR - https://legalbeagles.info/library/gu...ccess-request/
                            CPR 31.14 (tweak as necessary) - https://legalbeagles.info/library/gu...-of-documents/
                            Example defence - https://www.compactlaw.co.uk/free-le...ims-court.html (bottom of page).

                            These are a couple of examples of 'forbidding sign' cases to give you an idea.
                            http://nebula.wsimg.com/c8348f3d7a15...&alloworigin=1
                            http://nebula.wsimg.com/b84a6ffd1e35...&alloworigin=1
                            CAVEAT LECTOR

                            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                            You and I do not see things as they are. We see things as we are.
                            Cohen, Herb

                            There is danger when a man throws his tongue into high gear before he
                            gets his brain a-going.
                            Phelps, C. C.

                            "They couldn't hit an elephant at this distance!"
                            The last words of John Sedgwick

                            Comment

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