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Received Court Judgement for parking fine

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  • Received Court Judgement for parking fine

    Hi
    I am looking for some advice.
    I received a court claim form issued 15 March regarding a parking ticket I received in October 2021 stating I incurred parking charge (PCN) as I had parked in breach of terms of parking stipulated on the signage where I was parked and I had not paid despite the demands.

    This was the first time I was aware of any parking fine. I submitted an ‘acknowledgment of service’ saying I intended to defend the claim - this was submitted online on 28 March. I read the paperwork to mean I had 28 days to submit my defence from date of acknowledgment of service…the paperwork said within 28 days of the date of service. When I tried to submit my defence yesterday, I was unable to do so as a judgement had already been submitted. When I contacted the court they advised the date was from the ‘issue date’ so deadline was 17 April and as I had not submitted a defence, the claimants had submitted the judgement. Only options was to pay the fine which is now over £300 or to request judgement to be put aside which will cost me £275. I asked whether it would just be possible for me to submit my defence given this was my intention (without having to pay anything) and the letter had not been clear re deadline and it can easily be misinterpreted which is what I had done….the letter didn’t say deadline is 28 days from date this letter is issued but date of service which I took to meant date I submitted the acknowledgment of service.

    I was advised there were no other options. Is there anything I can do? I was very anxious yesterday and obviously very upset as I know the fine should not have been issued…the land after the lamppost (where I was parked) is not monitored or patrolled by wardens and one other resident was provided with an email to say anyone can park here without receiving a ticket (although in the email this resident receive, it does not specifically mention the area, however she parks here everyday). I was also advised the same by a warden that was in the area ticketing other vehicles that were parked on the other side of the lamppost - this is monitored by wardens.

    I note also various cars are parked where I was and none have ever received a fine and all of the tell me the same as above…all the residents here advise the same…there are also no signs where I was parked to mention anything about not being able to park in this space. Not only that, I was onky aware of the fine when I received the Claim Form on 15 March so prior to this, was unable to take any action.

    I would be very grateful if anyone can provide some advice…I am struggling to understand what, if anything, I can do now that the judgement has been submitted, which was due to the fact the deadline for submitting defence was not clear.

    Regards

    Tags: None

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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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