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Help needed parking ticket £267 from private company 2017 Court claim

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  • Help needed parking ticket £267 from private company 2017 Court claim

    Any help would be most appreciated

    Driver received a county court claim for £267.56 (£182 parking ticket ,£50 legal fee plus £35 court cost from UK parking Control LTD

    please see attached

    Driver may have parked there in 2017 for 5 minutes . Driver got the notices for payments but driver ignored them as driver did not think they would take to court .hindsight is wonderful thing.

    I feel though £267 is really excessive as what loss of business / damages has the actual landowner incurred . Seems unreasonable



    just an average person two kids and wife on maternity so £267 is a lot to me (wife would kill me if she found this letter )
    Last edited by Tony87; 21st December 2021, 11:29:AM.
    Tags: None

  • #2
    POC ..attached
    Attached Files

    Comment


    • #3
      Any part payment will be taken as an admission of guilt. Either pay it in full or defend it if you feel you have grounds.

      https://legalbeagles.info/library/gu...-court-claims/

      Comment


      • #4
        First take down that PoC, and repost after deleting all identification, and also edit your post so that the driver is not identified, eg "the driver may have parked there"
        Next acknowledge the claim, but at this stage do not enter any defence.
        Then send a subject access request to the parking company and a CPR31.14 request to the solicitors (templates available in the shortcuts panel on right of this page)

        When the info is to hand you will be able to decide if there is a viable defence available to you

        Comment


        • #5
          Thank you Des8& England PI

          I have tried to edit my above posts but cannot see how to do this!

          Des8 - I have sent a subject access request and CPR31.14

          Guess I need to see what they come back with.

          I was told verbally on the phone by the claimants solicitor that If i defend the case and lose than this will affect my credit rating via a CCJ. Is this correct. Looking online conflicting info. I thought If I lost at court but pay what the court orders than this would not affect my credit rating?? Naturally this is a big concern of mine.

          Also this may be hard to say but is it possible that if I defend the claim and lost, the costs will increase significantly from the £267.00?

          Again thank you for your advice I really do appreciate it.

          Comment


          • #6
            If you lose, but pay the award within 30 days it won't appear on your credit rating.
            Costs on small claims track are extremely limited, unless you are deemed to have acted unreasonably (which is most unlikely)

            On the blue line bottom right under the post you want to edit is the word "edit"

            Acknowledge the claim but do not enter anything in the defence section.
            This gives you 33 days from date of issue to enter a defence

            Comment


            • #7
              That's good to know re credit rating. The "edit" was not showing in the browser I was using but have since found it cheers

              Yes I have acknowledged the claim. Just waiting for the claimants solicitors to reply to the CPR31.14 request.

              I dont fully understand the point of sending a subject access request to the parking company but I have sent them this.

              Comment


              • #8
                So the solicitors have not yet responded to my CPR31.14 request but the parking company has replied to my subject access request

                they send numerous photos of the drivers vehicle parked in the space as well as the demands for payment letters they sent

                on the photos showing they signage in the car park they have just provided the attached .

                A) I cannot read the wording on the sign via the photo provided and B) it’s a small sign on a side of a police building . This is not satisfactory right???
                Attached Files

                Comment


                • #9
                  My own photo of the sign as went to the car park . No Barriers or anything .
                  Attached Files

                  Comment


                  • #10
                    Prohibiting signs, they are not making an offer of a contract to park, the very opposite. Without a contract they cannot claim breach and anyhting the do try and charge would be a penalty which is not allowed.

                    Here's some text about forbidding signs but this time for permits but the principle is the same:

                    The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. To claim that a contract to park was created when it is specifically forbidden is perverse. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.

                    Can you post up a redacted copy of the PCN, but leave dates.

                    Edit your first post. The driver cannot have received a letter, they didn't know the driver.

                    You can also object to the added charges. Have a read of this: https://www.dropbox.com/s/16qovzulab...inson.pdf?dl=0

                    Comment

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                    First Steps
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                    Income/Expenditure
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                    CCA Request
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