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County court parking fine

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  • County court parking fine

    This morning I received a claim from the county court in the post claiming I owe Parking Eye for the fine plus solicitor costs, court fees and interest. The form dates back to my car been parked in a car park fourteen months ago and over staying the permitted time. Now I have gone through my bank statement to see why I was parked in that retail park and nothing, I looked on my husband's and we realised the date in question was when he went shopping for something specific so it was definitely him. However we aren't sure if he over stayed the permitted time or not and the claim form from the courts doesn't disclose any time frames and tbh we have no idea of he accidentally did although I can't see it as I was fined for the very same car park myself the year before and I paid it.

    To cut a long story short I probably submitted my defence without enough preparation so I've come here for advice and hopefully I've done the right thing.

    In my defense I have denied all liability due to the fact that Parking Eye have not issued me with any form of parking fine notification and as I had no knowledge the fine existed they haven't complied with the regulations set out in the POFA 2012 and therefore myself or the driver aren't currently liable for any of the claim. Now I haven't moved house, I have lived here for around ten years yet I have received no letters and there was no ticket on the car notifying my husband at the time. Surely if they haven't complied with POFA they have no right to increase the fine, and open a court claim incurring me additional solicitor and court fees also. Has anyone dealt with anything similar? It seems a bit of a scam if I'm honest but as I say he did park in that car park hmm.

    ​​​​​​Will there be more fees if I lose? I'm hoping they realise their mistake and cancel the claim but something tells me they exploit the system as most people roll over and pay the court claim. They know I instantly paid a previous fine so god knows why they didn't write to me to pay this one, had this happened to anyone else? Thanks
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  • #2
    They are required to get a Notice to Keeper to the keeper within 14 days. CPR 31.14 request to the solicitor handling or PE themselves if they are handling it themselves. You want the NTK, signs and their authority to operate. Template in the shortcuts panel on this page.

    Edit your post so that the identity of the driver cannot be inferred, use "the driver...." etc.

    acknowledge the claim using the details and password on the form 5 days after date of issue or shortly afterwards. Nothing in the defence. This gives you 33 days from date of issue to,get your defence to court

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    SHORTCUTS


    First Steps
    Check dates
    Income/Expenditure
    Acknowledge Claim
    CCA Request
    CPR 31.14 Request
    Subject Access Request Letter
    Example Defence
    Set Aside Application
    Directions Questionnaire



    If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





    NOTE: If you receive a court claim note these dates in your calendar ...
    Acknowledge Claim - within 14 days from Service

    Defend Claim - within 28 days from Service (IF you acknowledged in time)

    If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




    We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
    If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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