COURT CLAIM re Parking Fine - Sept 2021

[EssEm]

Hi there,

I have looked online for some support on how to proceed with a Claim Form demanding a response over "unauthorised parking" the registered keeper has received (who was not driving the car).

Other incidents I've read people post about vary slightly so its hard to know whether I should respond in the same way, hence making this new thread.


Facts of the events:

Reg keeper genuinely never received any of parking eyes previous letters that they allege were sent, starting in 2019.

Insured driver parked in a local pharmacy car park to collect medication. Insured driver didn't notice/see any signage that this car park had been converted to the ANPR system. It must have been fairly new at that time (have parked there legitimately before to collect medications without issues)

apparently, according to the letter, the vehicle was not authorised for parking and was captured entering and leaving the car park without said authorisation.

The County Court Claim Form has presented several options:

1. Acknowledgement of Service within 14 days ( letter was sent on 13th September so I think 14 days is counted from 18th September)

2. Agree the claim and pay it all

3. Agree with parts of the claim and ask for time to pay

4. Disagree with the claim / make a counterclaim against the claimant


I think option 4 is appropriate. was genuinely parked there to use the Pharmacy and £185.00 is extortionate for what was probably a 20-30 min park in total.

The Claimant legal rep is named as Jayne Leonard. I looked her up and she seems to be a solicitor according to LinkedIn. The £185.00 above includes her costs and court fees.

I just need some advice on what to expect next if we submitted a defence (option 4) what evidence should be considered for submission and what will happen if my disagreement is rejected ( will a CCJ be applied automatically?). Very nervous because our mortgage is due for renewal soon and neither have us have ever had bad credit.

I could contact my surgery and pharmacy to find out if they still have a record of my attendance? I am still registered to the surgery but I've changed Pharmacy since.

Sorry for the large ramble, really appreciate support anyone here can offer, in advance!

Happy to provide more info if it will be helpful to discussing this

Thank you

[MIKE770]

ostell

[EssEm]

Sorry, thought I'd correct a few things on my original post:

there are only 3 options, not 4. Acknowledge of Service isn't a separate option it's the instruction to carry forward one of three options:



1. Agree the claim and pay it all

2. Agree with parts of the claim and ask for time to pay

3. Disagree with the claim / make a counterclaim against the claimant


So having said that, we'd like to proceed with option 3. I'm just not sure what that will mean for us in terms of potentially getting a CCJ if our defense is rejected.


The other thing that maybe isn't clear from my first post:

My partner and I are insured to drive the same car. As he is the registered keeper, he received this letter to his address.

Thanks

[MIKE770]

Await ostell to advise you

[ostell]

First of all edit so that the identity of the driver cannot be inferred. The driver drove and parked, the keeper received the letter.

Post up the PCN received suitably redacted but leave dates.

Acknowledge the claim but nothing in the defence. Do this 5 days, or shortly after that. from the date of issue using the details and password on the form. This gives you 33 days from the date of issue to get your defence to the court.

You disagree with the claim

If you don't have the documents then SAR to PE. They have 30 days to comply. Get photographs of the signs and there general location.

CPR 31.14 to the entity named in the address for communication, or PE if it is blank. You want the copy of the PCN and the signs that created the contract.

Templates in the shortcut panel

While this is happening contact the pharmacy and ask them to cancel it.

[EssEm]

Thanks ostell I'm not great with acronyms. SAR? PE? CPR 31.14?

Don't have a have or any letters. The first letter the reg keeper received was this Claim Form, so we weren't aware there was even an issue until now.


Date of issue was 13th September. We got the letter on the 18th September and now it's the 20th so already on the 7th day. Is that going to be an issue?

finally where is the shortcut panel to find templates? Sorry again, first time user of this forum..

thanks

[MIKE770]

top right listed templates

Acknowledge Claim ==== do so on line
CPR 31.14 Request send and get proof of postage keep copies of all correspondence

[ostell]

Where is the edit?

[EssEm]

Thanks all

AOS done
CPR 31.14 Letter drafted and just about to send. The Pharmacy know me well and said they'll see what they can do ( apparently this has impacted a lot of their patients).


Question: When Parking Eye write back, hopefully producing a copy of the contract apparently agreed to, how should the driver/keeper best prepare a defence against this?

Its being disputed on grounds of the driver was authorised to park there ( the Particulars of the claim state the driver was parked without authorisation).


It's obviously a misunderstanding.

Thanks

[EssEm]

ostell I tried to edit the ppat earlier but there is no edit button, just a filter button and option to share the post to FB/Tweet

[ostell]

Blue line at the bottom of the post, on the right.

The contract is the signage

[Celestine]

After some team experimenting: Users on mobiles will not see an Edit Button but if they click on the right hand side of the lower blue bar (where I have highlighted yellow) - an edit box will appear. Not the best design I do admit!!