Claim Form received for unpaid parking charges

[dc1992]

Hi all,

I have received a claim form from Nothern Parking services for the sum of £850.25, consisting of £720.25 (£640+interest) amount claimed, £60 court fees and £70 legal representative costs. Around 2 years ago the driver left my car parked outside of a shop for 4 days and received a ticket for each of those 4 days totalling £400.

The driver wasn't in a position to pay that fine and since then I had the car SORN and was out of the country for the next year. This is the first correspondence I have received with regards to the parking tickets other than the initial tickets themselves. I am happy to pay the £400 + interest as it is owed, but I am not sure where the remaining £240 part of the claim is from so don't know how to respond to the claim.

Is there a way to request more information from the claimant? I'm conscious of the time restraints as I really don't want a CCJ on my record.

Many Thanks

[MIKE770]

First Steps
Check dates
Acknowledge Claim
CPR 31.14 Request
Subject Access Request Letter

@ostell @des8

[dc1992]

Thank you Mike. I am drafting my request for documents now and want to make sure I ask for everything. The particulars of the claim are:

1. The Claimant claims a debt in the sum of £640 for unpaid parking charges incurred by the defendant (registered keeper/driver) for breaching the terms and conditions of parking on private land which is either owned or operated by the claimant, together with debt recovery costs incurred.

2. Despite several reminders and requests the defendant has failed to pay sums due.

3. The claimant claims court fees and costs. The claimant claims interest under section 69 of the county courts act 1984 at the rate of 8% a year from 24/06/17 to 17/01/19 on £640.00 and also interest at the same rate up to the day of judgement or earlier payment at a daily rate of £0.14.

Should I be asking for the terms and conditions of the parking as well as the reminders and requests?

Thanks again.

[MIKE770]

have asked some others to pop in here and advise they have more knowledge

[ostell]

Edit you post so the identity of the driver cannot be inferred. Use "the driver......"etc. Makes it more awkward for them if the don't have the identity of the driver.

Have you got/can you get photos of the signs. ie do they that state that the charge will be for every 24 hours. Or what's the location and google street view might help. The signs might be forbidding and therefore no contract.

Besides the SAR letter demanding all documents that they intend to use in the claim.

Have a look through pepipoo fightback forum for a defence to use as a base.

Defence will be unclear and embarrassing Particulars of claim. No definition of the actual breach and no definition of the status of the defendant, keeper or drive, Court is not a multi choice exercise. Ask for the claimant to resubmit.

No letter before claim. Will not stop the claim but could put the judge on your side

If the parking company are running the case themselves have they signed the form or just given the company name. No signature then not a valid statement of truth.

As the keeper you are only liable for the cost of the original PCN and not any additional costs they care to add, about from the capped court legal costs and court fees. Even the fixed legal costs are arguable if they did not contact a solicitor.

[dc1992]

I will go to where the car was parked tomorrow and take pictures of any signs that are there and post here.

The case is being ran by DCB legal LTD and and is signed by a legal representative. Do I address both the SAR and CPR31.14 to the legal representative or the parking company?

Apologies if these questions come across as stupid, I just want to make sure I'm getting it correct and thank you for pointing me to the pepipoo forum.

[ostell]

GO BACK AND EDIT YOUR POSTS so that the identity of the driver cannot be inferred !! No use of the personal pronoun. If they don't know who was driving then they have to jump through a few hoops to be able to claim from the keeper.

You could always write then a "Without Prejudice" letter and offer the amount of the original charges but why when you can fight them

SAR to the parking company, letter asking for documents to the solicitors.

[dc1992]

Thank you Ostell, I thought you meant in the letters sent rather than posts on here. They have been edited now and I will post pictures of the signs tomorow.

[ostell]

Keep going, the keeper received the notice, the keeper couldn't afford etc. TTh driver parked, the keeper does everything else

[dc1992]

Sorry for the delay in reply, I have been working late. I have attached a photo of the sign where the driver parked the vehicle.

I am going to send the CPR31.14 tomorrow but wanted to confirm whether or not I leave this bit on: (obviously changing the date)

For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.

Thanks