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County court buisiness centre unpaid parking fine

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  • County court buisiness centre unpaid parking fine

    Afternoon everyone
    im looking for some advice, I have recently received a claim form (claimant is KBT cornwall / Amtrac / BW legal) in the county court business centre Northampton, the dispute is over a parking PCN dated 23/12/2019, over the last 2 years I have received many letters, phone calls and a reply form they sent, asking if I agree I owe the parking fine, I’ve not once admitted I was the driver, but did agree that the only money owed was the £6.50 to park, my disagreement is because on the day of parking I had no change for the parking machine, but was able to pay for my parking with my bank card, I put my card into the machine, put my registration number in and how many hours I wanted to park, the total was £6.50, I entered my PIN number and after a couple of minutes the ticket dropped down and removed my bank card, I put ticket in the window of my car, on returning I had a PCN, I couldn’t understand why, I didn’t realise the ticket that I put in the window of my car was a void transaction (printed on same paper as parking ticket) as the machine had network failed, I didn’t look at the ticket when I put it into my window as I knew the time we had to be back to the car before ticket ran out, i did write them a letter explaining all this and said I was happy to pay the £6.50, as that is what I owe, I have kept all correspondence to and from them including the original car park ticket and the PCN, I feel the car park ticket machine was at fault, I have never and would never not pay to park my car, do I just give up and pay the £258, or should I keep arguing it, I know I have a limited time now to respond to them, my other question is if I argued this and it went to court, I wouldn’t be able to attend, the car park in question is in cornwall, I live in cornwall and the claimant KBT are based in cornwall, yet the court is in Northampton, any advice would be gratefully received.
    Many thanks Mark Carter
    Tags: None

  • #2
    Case gets allocated your local court

    Comment


    • #3
      Thank you Mike, I wasn’t sure about that just going off the court address sent to me

      Comment


      • #4
        Northampton central allocations

        Comment


        • #5
          Received a claim? Yes/No: yes
          Issue Date:19th NOV 2021
          Have you Acknowledged the Claim?:not yet
          Total Amount Claimed : ( approximately please do NOT use EXACT figure given on the claim form, round up to next £100 or £1000) 300
          Claimant’s Name:KBT Cornwall limited
          Solicitors Firm:BW legal
          Original Creditor:Amtrac
          Original Debt (eg. Credit card/Loan/Overdraft) arking fine
          Particulars of Claim: ( Please type out in full excluding names/account numbers/exact amounts ):unpaid parking ticket
          Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?):recieved at least 10 letter and wrote a letter back, have all copies
          List any letters you have sent (eg: CCA/ CPR ):a reply form that has different boxes to tick,I ticked box B to say I owe some of the debt but not all of it for the sum of £6.50
          Any Other Information or Background Details:
          Afternoon everyone
          im looking for some advice, I have recently received a claim form (claimant is KBT cornwall / Amtrac / BW legal) in the county court business centre Northampton, the dispute is over a parking PCN dated 23/12/2019, over the last 2 years I have received many letters, phone calls and a reply form they sent, asking if I agree I owe the parking fine, I’ve not once admitted I was the driver, but did agree that the only money owed was the £6.50 to park, my disagreement is because on the day of parking I had no change for the parking machine, but was able to pay for my parking with my bank card, I put my card into the machine, put my registration number in and how many hours I wanted to park, the total was £6.50, I entered my PIN number and after a couple of minutes the ticket dropped down and removed my bank card, I put ticket in the window of my car, on returning I had a PCN, I couldn’t understand why, I didn’t realise the ticket that I put in the window of my car was a void transaction (printed on same paper as parking ticket) as the machine had network failed, I didn’t look at the ticket when I put it into my window as I knew the time we had to be back to the car before ticket ran out, i did write them a letter explaining all this and said I was happy to pay the £6.50, as that is what I owe, I have kept all correspondence to and from them including the original car park ticket and the PCN, I feel the car park ticket machine was at fault, I have never and would never not pay to park my car, do I just give up and pay the £258, or should I keep arguing it, I know I have a limited time now to respond to them, my other question is if I argued this and it went to court, I wouldn’t be able to attend, the car park in question is in cornwall, I live in cornwall and the claimant KBT are based in cornwall, yet the court is in Northampton, any advice would be gratefully received.
          Many thanks Mark Carter

          Comment


          • #6
            ostell may be able to advise

            Comment


            • #7
              Evening, I sent the SAR and CPR registered post 2 days ago, I have received a letter from the claimant,asking for proof of identification ie drivers licence, the PCN number and the vehicle registration number, once I receive the information I’m realy not sure what to do with it or how I’d use it to help my defence, I need to submit my defence by 22/12/21, any information or advice would be greatly appreciated.
              Many thanks M

              Comment


              • #8
                Don't send anything that hints at driver's ID

                Comment


                • #9
                  Good evening
                  i have a received documents back from BWLegal under CPR31.14, it’s a copy of the pcn, a copy of the letter informing the keeper of the vehicle of the pcn, and photographs, I am still waiting on information from KBT (parking company)regarding SAR, I have to get my defense in by 22/12/21, if I don’t receive information from the parking company by then, do I still submit my defense, or ask the court for longer time, I’m still unsure what I’m going to write in my defense, there is a photo of the parking machine that shows use card or coins, my defense is the fact I used my card, yet there it was a void transaction as network failed, this was printed onto the same paper as a parking ticket, any help / advice would be grateful, thanks

                  Comment


                  • #10
                    Northampton is the County Court Clearing Centre where all County Court bulk and online cases are sent.

                    Its not actually a Court room, the case will be redirected by Northampton to be heard at the nearest Court to where the defendant lives.

                    Most Court hearings since the pandemic are virtual, being held with either a phone call a zoom meeting or Microsoft teams the court decides which format will be used.

                    The problem in admitting you owe £6.50 is that you are in effect admitting you are part guilty which is like saying you are part pregnant. Its best to plead guilty or not guilty instead of part guilty.

                    Dont delay submitting your defence any longer if you need more time its best to inform the Court rather than miss the deadline. Late defences are often allowed but it depends which side of bed the judge got out of that morning.

                    Comment


                    • #11
                      Evening everyone, I have now received a notice of proposed allocation to the small claims track, I have to complete this by 17th feb, one of the questions I’m unsure about, it asks do I agree that the small claims track is the appropriate track for this case ? If no, say why not and state the track to which you believe it should be allocated, any advice would be gratefully received,
                      many thanks M

                      Comment


                      • #12
                        under £10000 yes

                        Comment

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