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Private Parking Ticket - Court Claim received

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  • Private Parking Ticket - Court Claim received

    Hello,

    i have received a Claim form for a parking ticket in 2020 from County Court Business center and claimant UK Parking Control Limited. The car park was a public house in which the driver pulled into to make a phone call, the driver never left the vehicle and didn't realise he/she would have had to enter the pub to enter my reg no. the driver ignored all letters at the time but now I have a claim form as the registered keeper.

    Attached is the POC and at current I have no evidence or received any prior notice of this to my recollection. Can anyone help ?

    Particulars of Claim

    1. The Defendant(D) is indebted to the
    Claimant (C) for a Parking Charge(s) issued to vehicle xxxxxx at xxxxxxxxxxxxxxxxxxxxxx. The PCN details are xxxxxxxxxxxxxxxxxxxx. The
    PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN(s).4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper.
    Despite requests, the PCN(s) is outstanding.
    The Contract entitles C to damages.


    AND THE CLAIMANT CLAIMS
    1. £160 being the total of the PCN(s) and damages. 2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.02 until judgment or sooner payment. 3.
    Costs and court fees
    Tags: None

  • #2

    can you please post up a redacted copy of the original NTK?

    If you don't have it now send a Subject access request to UK Parking Control

    Acknowledge the claim, but do not enter a defence.

    Edit your post so the driver cannot be identified. Change it to "the driver pulled in.."etc

    Comment


    • #3
      Hi C4rperT4rper I have edited your first post as per your email to @admin. Hope this is how you now want that post to read.
      If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

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      Comment


      • #4
        Originally posted by ULA View Post
        Hi C4rperT4rper I have edited your first post as per your email to @admin. Hope this is how you now want that post to read.
        Thankyou

        Comment


        • #5
          Originally posted by des8 View Post

          can you please post up a redacted copy of the original NTK?

          If you don't have it now send a Subject access request to UK Parking Control

          Acknowledge the claim, but do not enter a defence.

          Edit your post so the driver cannot be identified. Change it to "the driver pulled in.."etc
          Hi Des8 thanks for your response. I will acknowledge the claim today. Do I write to UK Parking Control requesting this information? Are they obliged to send this to me now? should I also send this to DCB Legal as is mentioned that I should send docs to them

          Comment


          • #6
            SAR to parking company

            Letter to DCBL requesting copy of documents they are relying on e.g:
            "Dear Sirs,
            Claim Number: XXXXXX
            Request for documents mentioned in a statement of case under CPR 31.14

            On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
            To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx."

            Comment


            • #7
              Originally posted by des8 View Post
              SAR to parking company

              Letter to DCBL requesting copy of documents they are relying on e.g:
              "Dear Sirs,
              Claim Number: XXXXXX
              Request for documents mentioned in a statement of case under CPR 31.14

              On xx/xx/xxxx I received a County Court claim from yourselves of which I have acknowledged receipt indicating my intention to defend in full.
              To enable me to file my defence and/or counterclaim, I require inspection of documents you mention in your statement of case ahead of filing my defence on xx/xx/xxxx."
              Fantastic and thankyou so much will update once recieved

              Comment


              • #8
                Keep in mind you might not receive a reply before the date by by which you must enter your defence,
                Do not miss that date

                Comment


                • #9
                  Hi Des8 thanks so much for your help to date. I decided to pop into the car park and attach the photos. As can be seen, there are 2 signs at the entrance of the car park which state Customer Parking Only with a small sign next to it saying Have you parked with us today. No information is stated from what I can see here regarding registering to park. Then there are 4 no signs dotted around the car park which state to register at the Bar. 3 of these signs, as can be seen, are at low levels behind parking spaces and the 4th is on a wall under a tree. can I please get your opinion here as I need to prepare a defense and from your comment above I may not receive any details in time from the parking company.

                  Comment


                  • #10
                    Originally posted by C4rperT4rper View Post
                    Hi Des8 thanks so much for your help to date. I decided to pop into the car park and attach the photos. As can be seen, there are 2 signs at the entrance of the car park which state Customer Parking Only with a small sign next to it saying Have you parked with us today. No information is stated from what I can see here regarding registering to park. Then there are 4 no signs dotted around the car park which state to register at the Bar. 3 of these signs, as can be seen, are at low levels behind parking spaces and the 4th is on a wall under a tree. can I please get your opinion here as I need to prepare a defense and from your comment above I may not receive any details in time from the parking company.

                    Photo of 4th sign

                    Comment


                    • #11
                      Your defence needs to plead lack of sufficient particularisation for you to identify the matter as you have no record of receiving any notice of parking charges from the claimant
                      it does not include dates, and although you submitted a CPR31.14 request no documents have been supplied
                      Also it is unclear if you are being sued as driver or keeper
                      The claim seems to have no real prospects of success

                      There is an example defence in the SHORTCUTS on the right.
                      Altho' basically for debt cases it will give you an idea of format etc.

                      you can always post up the draft

                      Comment

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                      SHORTCUTS


                      First Steps
                      Check dates
                      Income/Expenditure
                      Acknowledge Claim
                      CCA Request
                      CPR 31.14 Request
                      Subject Access Request Letter
                      Example Defence
                      Set Aside Application
                      Directions Questionnaire



                      If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





                      NOTE: If you receive a court claim note these dates in your calendar ...
                      Acknowledge Claim - within 14 days from Service

                      Defend Claim - within 28 days from Service (IF you acknowledged in time)

                      If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




                      We now feature a number of specialist consumer credit debt solicitors on our sister site, JustBeagle.com
                      If your case is over £10,000 or particularly complex it may be worth a chat with a solicitor, often they will be able to help on a fixed fee or CFA (no win, no fee) basis.
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