County Court claim for unpaid pcn

[Bellarose]

Hi guys please help me form a defence for this county court claim I have received for “
Non payment for a contractually agreed sum in respect of a parking charge notice issued to (my vehicle) on 1/07/17 at ***** square london for the following reasons; parked on the roadway in an area designated as no parking on roadway or footpath at any time, the terms and conditions to which the defendant agreed to be bound by using the site were clearly displayed in prominent places throughout the site. The Claimants claim is inclusive of recover costs as per the terms and conditions , notice of which was given to the defendant by way of a parking charge notice number 000000000 and the Claimant claims £160 “ plus a load of interest!
The car was parked at the end of a Friends driveway partially on pavement/ curb/ Road in a gated residential area where all Guest spaces were Full, permission was given by the friends and was obstructing nobody, on a sunday afternoon temporarily whilst loading children and bags from their House, pcn received via post from London parking solutions not on windscreen and we were told by the friends to ignore as they often got them for paryking on their own driveway if too close to footpath etc& they have always ignored. They own the house and the parking space. Next we received a solicitors letter, also ignored, shortly followed by a County Court claim to our shock horror.
solicitors name sonny chal of csb solicitors ltd
issued 24th October 2017 original alleged offence was July 2017 & I have acknowledged the claim online. Everything else has been ignored.

[charitynjw]

Re: County Court claim for unpaid pcn

Hi, welcome to LB.

Did you receive a Letter Before Claim? (You only mention a solicitor's letter.)

If so, could you post it up pdq? (You're fast approaching the defence deadline.}

Obscure personal details.

Also could you post up (or write verbatim) the Particulars of Claim? (Again, suitably sanitised.)

.

[ostell]

Re: County Court claim for unpaid pcn

And post up a copy of the original letter received , the notice to keeper, and photos of any signs. Suitable redacted.

[Bellarose]

Re: County Court claim for unpaid pcn

Hi thanks for your replies. Those are the particulars of the claim, in my first post. Under quotation marks. I never received a letter before claim, just a PCN which I think we must have thrown away as I can’t find it we honestly never thought it would get to this stage. The solicitors letter I will post on here if you if I can figure out how. I know I have almost no time left and a bit panicked now.

[Bellarose]

Re: County Court claim for unpaid pcn

Particulars of claim .....
Non payment for a contractually agreed sum in respect of a parking charge notice issued to (my vehicle) on 1/07/17 at ***** square london for the following reasons; parked on the roadway in an area designated as no parking on roadway or footpath at any time, the terms and conditions to which the defendant agreed to be bound by using the site were clearly displayed in prominent places throughout the site. The Claimants claim is inclusive of recover costs as per the terms and conditions , notice of which was given to the defendant by way of a parking charge notice number 000000000 and the Claimant claims £160 .
the claimant claims interests under section 69 of the county courts act 1984 at the rate of 8% a day from July 1st 2017 to 17/10/2017 on £160 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £0.03 per day.”

[Bellarose]

Re: County Court claim for unpaid pcn

]Particulars of claim .....
Non payment for a contractually agreed sum in respect of a parking charge notice issued to (my vehicle) on 1/07/17 at ***** square london for the following reasons; parked on the roadway in an area designated as no parking on roadway or footpath at any time, the terms and conditions to which the defendant agreed to be bound by using the site were clearly displayed in prominent places throughout the site. The Claimants claim is inclusive of recover costs as per the terms and conditions , notice of which was given to the defendant by way of a parking charge notice number 000000000 and the Claimant claims £160 .
the claimant claims interests under section 69 of the county courts act 1984 at the rate of 8% a day from July 1st 2017 to 17/10/2017 on £160 and also interest at the same rate up to the date of judgement or earlier payment at a rate of £0.03 per day.

[Bellarose]

Re: County Court claim for unpaid pcn

[Bellarose]

Re: County Court claim for unpaid pcn

Photos of signs below and that’s where the car was parked (behind the parked car) partially on footpath/ road.

[ostell]

Re: County Court claim for unpaid pcn

I don't quite understand the positioning of the cars but that sign is a prohibiting sign. The sign says "No Parking....." and is therefore not offering a contract to park. If there is not an offer of a contract then no contract can be agreed to and therefore there can be no breach of that contract. The payment requested is an attempt at a penalty, which is not allowed. The only claim would be for trespass,which only the landowner could raise, and then only nominal damages.

I can't read the small print on the sign. Could you get it in a bit more readable format please.

Ask the solicitor for a copy of the PCN that they will be using in the claim as you have not received a copy of it.

[charitynjw]

Re: County Court claim for unpaid pcn

http://www.thebridesmother.co.uk/Med...al-parking.pdf

[Bellarose]

Re: County Court claim for unpaid pcn

Thankyou. I thought as much from what I’ve read. So I need to get my defence in by Tuesday, I will of course contact the solicitors (I have had zero contact with them so far) but what shall I say on my defence if they are not allowed to actually fine me?

[Bellarose]

Re: County Court claim for unpaid pcn

Just got this message from my friend....
We own the space outside the house, there is no resident parking permit system within the complex. The property is freehold so we all own the land and pay a management company to look after it. It’s the management company who’ve instructed the stupid parking ticket people to ticket the very people who employ them!!! Need to get out of London xx

[Bellarose]

Re: County Court claim for unpaid pcn

Thanks very much for this charitynjw. Very informative.
so should I quote some of this in my defence?

[Bellarose]

Re: County Court claim for unpaid pcn

It’s the only picture I have. I’ll see if I can read it any clearer on my text and type up?

[charitynjw]

Re: County Court claim for unpaid pcn

You've got a couple of days to compile a decent defence, so no panic.

Have a play with http://robo.bmpa.eu/ if you need some ideas. (No need to put correct details in to practice.)