Received a country court claim for unpaid parking fine!

[Matt2019]

Thank you in advance for anyone one that can help.

I have received a letter from country court business centre asking to pay £268.13 in total for a parking fine that I have not paid.

Walsall Metro inn. Last year 07/04/18. Time in 21:20. Time out 21:50. It was dark I could not see any signs that was up. I parked in the hotel car park to go inside the hotel to see if they had any rooms available. They was a little busy inside so I waited untill they was someone available to ask them. To find out the answer was, they didn't have any rooms available. So I simply got back into my car googled another hotel near by then left.

I have received fines in the post before but I have just ignored them as I didn't see why I had to pay when I was only checking if they had a room available.

Two things have caught my eye, im not sure if this is normal or not ."The county court" stamp looks fake or Asif it has been photocopied. And at the bottom where the claimant has to sign it just says "civil enforcement limited ( claimants legal representative)" with no actual signature.

If you could help I would be so greatful. Thanks

[ostell]

The county court claim form always looks a bit naff, keeps the cost down! It should have a case number in the top right.

Yes, they are supposed to sign the form as a statement of truth. That is one ofthe things you object to in your defence.

Have you contacted the hotel and asked them to pull off the dogs? Or gone on to social media and complained how just asking for accomodation resulted in a charge?

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. Do not put anything in the defence. This gives you 33 days from date of issue to get your defence into the court.

Have you got a copy of the original PCN you were sent? If so post it up. If not an email/letter to CEL demanding all the documents they intend to use in court and how they justify the amount they are claiming.

As they are claiming from you as the keeper then Schedule 4 of the Protection of Freedoms Act 2012 only allows them to claim the amount on the original PCN plus the fixed court costs. As you haven't responded they are going to court and claiming as much as they dare. The have a habit of discontinuing if a strong defence is mounted. The court case costs them more than they can claim.

What do the Particulars of Claim say?

[Matt2019]

Thank you for your reply and sorry about my slow reply,

Great I can use that it wasn't sighed.

I have not contacted them stupidly, I have read online, when you receive a pcn you don't have to pay certain ones. I recirece the one that apparently you didn't have to pay.

I have not got the original letter they sent me. I didn't know I could email CEL and request that!

When you say they can only claim the original pcn and the court costs, does that include the "legal representatives cost of £50"

I will upload a photo of the letter.

[ostell]

Legal costs of £50 yes but how did they manage to get to £182 ?

have you acknowledged the claim? If not you may already have judgement against you.

[Matt2019]

I think they added on the dept collectors money. I didn't acknowledge the claim as I was working 14 hour days. I contacted the court after they said I had to pay X amount. I will post the screenshot below. In the form do I ask for where they got X amount from and explain the situation " the driver was looking for a room to stay in not looking to get a parking fine... And Abit abit about no signature . Thanks

[ostell]

That's about getting a setaside that, to be frank, a judge would be unwilling to give as you received the form but diddnot respond.