Help with county court claim for parking motorbike in hatched area 5 years ago

[Clayr001]

I have just recieved a county court claim for roughly 300 pounds. The reason stated is "vehicle was parked in breach of terms on the signs (the contract) thus incurring the PCN. How would I go about defending this as I have read through the form multiple times and have no idea what I'm doing. I was surprised they could try and claim in court nearly 5 years after the supposed offence, I also think the claimed amount is ridiculous for a car park that is free to park in and therefore parking had no impact on there earnings. Any help would be greatly appreciated!

[MIKE770]

ostell might be around to help

[islandgirl]

did you receive all the original notices and ignore them?

[ostell]

They have 6 years to claim.

So get the PCN and the signs.

[Clayr001]

What do you mean get the PCN and the signs, sorry I've got no idea what I'm doing here, I need to work our how next to proceed with my response to the claim form thats been sent

[Clayr001]

____

[ostell]

So SAR to parking company

CPR 31.4 request to the solicitors requesting all the documents that they intend to use in court, in particular the PCN and image of the sign that created the alleged contract

templates in Shortcuts panel on this page

[Clayr001]

Sorry what is the SAR and the request to the solicitors would you recomend doing this via letter or via email. And should I respond to the County court claim letter yet?

[Clayr001]

This is what i have been sent by the parking company when requesting the documents including the image of the sign and all documents relating to the parking charge.

[des8]

Take those attachments down and repost anonymised (ie remove all identifications & ref numbers)

[Clayr001]

Updated now, anyone able to assist?

[Clayr001]

Have just recieved this from the solicitors in the pack of evidence they have sent me. Would I be correct in saying that the sign makes no mention of a contract so they can't try and fine me for a breach of contract?

[des8]

You might be able to defend the charge on the basis that parking on the hatched area was not allowed, and there can be no contract for doing something that is forbidden and so it is not a contractual charge but an unliquidated penalty.

ostell will hopefully confirm or deny or offer further advice (perlease)

[des8]

Clayr001 you might like to read post 10 on this thread: https://legalbeagles.info/forums/for...17-court-claim

[Clayr001]

Very interesting thanks, I'm going ti have a go at drafting up a defense based in the premise of the other thread, thanks so much for your help. Are there any templates for defenses? As the only ones I can find on here are for consumer credit.