Parking Fine

[MacGyver]

Hi, The driver received a claim form via the County Court Business Centre in Northampton with regards to a parking fine over 3 years ago. The driver was given advice to ignore which now seems to have been unwise. The parking fine was due to a time at work on a private business park off of public roads. The driver had nowhere to park one day as it was busy so parked where they thought would be fine to do so. Unfortunately the driver got a ticket, but other colleagues stated they always bin the fine and letters, plus the driver noted the parking sign was lying on the floor. However since February 2017 just recently in the last month, the business park has decided to appoint a new parking enforcement company and all signs have been replaced, which means the driver is unable to provide photographic evidence for the defence. The driver has decided anyway to complete the AOS and choose to fully defend, which has been completed today. The driver will take a look into the defence examples and prepare one to submit, not sure how much chance they have but considering the fine was £60 and with additional charges plus interest they are now charging £274 this seems fraudulent to me but I expect is standard practice.
Is there anything else the driver should be aware of, could they be ordered by a court to pay more than the total if they rule in favour of the claimant? It hasn’t come at a great time due to COVID-19 and loss of earnings, plus the same car the driver has to make a final payment on in October.
Thanks.

[ostell]

So you write to the solicitors requesting all the documentation that they intend to use in court in order to narrow the issues between you, as expected by the courts. You expect this information by return and in any case within 7 days.**

You also send a SARS letter to the parking company asking for all information the have about you and you VRM

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

[MacGyver]

Thanks for the advice, the post has been edited as well.* Are SARS letter templates available?* I'll have a scan through the other forum posts in case this has already been provided.

[ostell]

The driver drove, the keeper received the paperwork and is handling it

[MacGyver]

SAR sent along with letter to the solicitor several days ago (no responses received yet). In the meantime the defence is being prepared, its also worth noting the photographic evidence showing the sign lying flat in the grass has been found. Would there be any value in the driver going to the location and taking pictures of the new signs clearly visible and via a different parking company, and using as a comparison?

The original sign lying on the floor was not near to where the driver had parked.

[MacGyver]

Would anyone be able to answer the question above? Much appreciated if possible, thanks.

[MIKE770]

SAR they have up to 30 days get the evidence to-gether for later use? sure somebody be along soon

[MacGyver]

Nothing received back from either party, but defence was submitted. However, the claimant solicitor has sent an email that they are proceeding and a copy of their directions questionnaire was attached, but stating the case should be held at the claimants home court. This is approximately 200 miles from the defendant, can the location be appealed?

[ostell]

When you fill in your dire tins questionaire you select your home court and as a consumer that is where you will go.

[MacGyver]

Nothing back at all since completing the questionnaire until today from claimant solicitor offering an out of court settlement a bit less than the original amount. No more than a few hours given to agree and pay as well. Other posts seem to indicate this is quite normal, but it is very intimidating.

[Manxman]

What is the basis of the defence? The driver had the presence of mind to photograph the sign fallen onto the ground at the time (three years ago) but didn't read it or check for any other signs?

He must have received more correspondence in the three years before being taken to court. Did he ignore all of it?

(If it gets to court these are questions he may need to have answers to).