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Parking Charge Notice - Court Claim

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  • #16
    Originally posted by des8 View Post
    Yes

    Suggest you read these two booklets (not all applies to you) as they will give you an idea of the process:
    https://www.judiciary.uk/wp-content/...+web+FINAL.pdf
    https://www.judiciary.uk/wp-content/..._in_Person.pdf
    We have had a response from the collections agency which is the below, they also attached some files/images which I will go through and redact if required, probably will be in the morning before I can do that:

    Dear

    We write in relation to the above matter.

    As requested, please find attached the evidence we hold on the Parking Charge Notice issued against you on 11th April 2023 at XXX. If there are any documents that you have requested, but that are not enclosed with this email, it is because we have deemed the request to be disproportionate and/or not relevant to the substantive issues in dispute.

    WITHOUT PREJUDICE SAVE AS TO COSTS

    In order to assist the Court in achieving its overriding objective, our Client may be prepared to make an offer to conclude this matter. A settlement at this stage would avoid further potential costs being incurred. We therefore ask that you call us on 0203 838 7038 as soon as possible to discuss this further.


    Comment


    • #17
      They have sent through 4 x images of the car parked in the parking bay. Copies of the letters that we never received which they have sent through previously and the attached documents, I believe the signage image they have taken is at such an angle because it's different than the artwork they have also now sent. They have also sent a map of the location of which I believe we parked on Eddington Ave
      Attached Files

      Comment


      • #18
        Apologies for all the replies, they have actually sent the following today as well, the previous response was from last week:
        Good afternoon,

        Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.

        In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.

        Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.

        If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not.

        Comment


        • #19
          Have you been sent a "notice to keeper"?

          You state your wife was not the driver, and the driver has not been identified.

          I would be considering a response along the lines of;

          Dear Sirs
          WITHOUT PREJUDICE SAVE AS TO COSTS

          Reference your most recent letters suggesting negotiation to settle this claim, I would confirm the defendant is fully confident of their defence.

          The claimant asserts incorrectly that the defendant was the driver, but can offer no proof for such a statement.
          The defendant reasserts she was not the driver
          In the alternative the claimant pursues the defendant as the keeper but has failed to comply with the regulations of POFA2012 so cannot transfer liability for the parking charge from the driver to the keeper.

          Under the circumstances it is obvious the claim is without merit, and accordingly the claimant should discontinue.

          If your client proceeds with the claim the defendant will, at its conclusion, request her costs on the basis of unreasonable behaviour as
          per CPR 27.14 (2) (g) .

          This correspondence will be brought to the court's attention at this time.

          Yours.
          Last edited by des8; 30th January 2024, 15:05:PM.

          Comment


          • #20
            Originally posted by des8 View Post
            Have you been sent a "notice to keeper"?

            You state your wife was not the driver, and the driver has not been identified.

            I would be considering a response along the lines of;

            Dear Sirs
            WITHOUT PREJUDICE SAVE AS TO COSTS

            Reference your most recent letters suggesting negotiation to settle this claim, I would confirm the defendant is fully confident of their defence.

            The claimant asserts incorrectly that the defendant was the driver, but can offer no proof for such a statement.
            The defendant reasserts she was not the driver
            In the alternative the claimant pursues the defendant but has failed to comply with the regulations of POFA2012 so cannot transfer liability for the parking charge from the driver to the keeper.

            Under the circumstances it is obvious the claim is without merit, and accordingly the claimant should discontinue.

            If your client proceeds with the claim the defendant will, at its conclusion, request her costs on the basis of unreasonable behaviour as
            per CPR 27.14 (2) (g) .

            This correspondence will be brought to the court's attention at this time.

            Yours.
            It has been sent as notice to driver, according to there letters/copies of letters

            Comment


            • #21
              As no "notice to Keeper" has been sent they are scuppered unless by some miracle they can identify the driver

              Please note minor correction to draft letter
              Last edited by des8; 30th January 2024, 15:07:PM.

              Comment


              • #22
                Originally posted by des8 View Post
                As no "notice to Keeper" has been sent they are scuppered unless by some miracle they can identify the driver

                Please note minor correction to draft letter
                We have now received a notice of proposed allocation to the small claims track with a questionnaire that is to be completed, I don't see any reason why this would be a problem as it makes sense that it would be a small claim because of the amount of money involved. Is there anything we should be doing specifically on this form regarding mediation service or suitability for determination without a hearing? The claimant's legal team seem to be pushing for a hearing as they have specified in there form that:

                "There are factual disputes that will need to be heard by the judge directly and the claimant will need the opportunity to cross examine the defendant and test any evidence put forward by the defendant. There are also complex issues of fact and law that will be best argued orally"

                Thanks again in advance.

                Comment


                • #23
                  Small claims track is as expected.
                  Tick yes for mediation.... it could be worth settling for a miniscule amount to avoid continued stress and time wasting

                  Youi also want a hearing but at your local court as per CPR

                  that quote of theirs is on everyone of their claim forms.
                  I think it is put there to intimidate defendants, as they do sometimes discontinue claims later on

                  Comment


                  • #24
                    Originally posted by des8 View Post
                    Small claims track is as expected.
                    Tick yes for mediation.... it could be worth settling for a miniscule amount to avoid continued stress and time wasting

                    Youi also want a hearing but at your local court as per CPR

                    that quote of theirs is on everyone of their claim forms.
                    I think it is put there to intimidate defendants, as they do sometimes discontinue claims later on
                    All sounds good, thank you again, will keep this updated with the outcome of it all, it's not the quickest process in the world :-)

                    Comment


                    • #25
                      Originally posted by des8 View Post
                      Small claims track is as expected.
                      Tick yes for mediation.... it could be worth settling for a miniscule amount to avoid continued stress and time wasting

                      Youi also want a hearing but at your local court as per CPR

                      that quote of theirs is on everyone of their claim forms.
                      I think it is put there to intimidate defendants, as they do sometimes discontinue claims later on
                      My wife has mediation on Friday afternoon, we will obviously be using the defence we have already used as the basis for the mediation but any tips or tricks greatly received having never been in this situation before. My wife has the call with them but I will be at home at the same time so hopefully can listen in and help if required. Is there anything we should be pushing for out of the mediation? Thanks in advance.

                      Comment


                      • #26
                        Don't expect them to lower their demand below about 120.

                        The mediator may be prepared to negotiate with you if your wife agrees,

                        The mediator will speak to both parties and try and find common ground.
                        You will not speak directly with the parking co rep.
                        It is not stressful (been there, done that !)

                        Comment


                        • #27
                          Originally posted by des8 View Post
                          Don't expect them to lower their demand below about 120.

                          The mediator may be prepared to negotiate with you if your wife agrees,

                          The mediator will speak to both parties and try and find common ground.
                          You will not speak directly with the parking co rep.
                          It is not stressful (been there, done that !)
                          Thank you will pass that on to her, in your experience should we try and find common ground with them and come to a settlement of some description, rather than let it drag on longer than it already has?

                          Comment


                          • #28
                            The only ground these parking companies are interested in is relieving you of your money, and generally that is in the region of 100+.
                            Very occasionally I have heard of them accepting around 30.

                            If you don't come to an agreement the court claim will proceed.
                            However that does not mean that the parking company will not eventually discontinue their claim, or just not turn up on the day!
                            They will keep up the pressure to the last minute, because they know people feel intimidated by the thought of court (which isn't really all that scary... the anticipation is a lot worse than the actuality

                            Comment

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