Received a claim form

[Danlds]

Hi I’ve received a claim form regarding a parking fine I’d previously ignored there demands thinking they wouldn’t pursue it, they are asking for £255, £170 amount claimed, £35 court fee and £50 legal costs any help would be greatly appreciated as like most we are struggling financially.

Defendant

Particulars of Claim

The Claim is for a breach of contract for breaching the terms and conditions set on private land. The Defendant's vehicle,

XXXX XXX, was identified in the Units 1-5

Rxxxx Road on the 04/04/2023 in breach of the advertised terms and conditions; namely

Parked without displaying a valid ticket/permit. At all material times the Defendant was the registered keeper and/or driver. The terms and conditions upon entering private land were clearly displayed at the entrance and in prominent locations.

The sign was the offer and the act of entering private land was the acceptance of the offer hereby entering into a contract by conduct. The signs specifically detail the terms and conditions and the consequences of failure to comply, namely a parking charge notice will be issued, and the Defendant has failed to settle the outstanding liability.

The Claimant seeks the recovery of the parking charge notice, contractual costs and interest.

[MIKE770]

blank out reg number

[Danlds]

blank out reg number

Thanks

[des8]

First up acknowledge the claim but do not enter a defence. This gives you extra time to construct your defence.

Then can you post up the original Notice to Keeper, and a photo of the signs at the car park.

You should also send a Subject Access Request to the parking company, and a CPR 31.14 request to the solicitors who initiated the court claim.
Links to templates for those requests are to be found in the SHORTCUTS panel on right hand side of this page.

Make sure you do not miss any deadlines set by the court

[Danlds]

First up acknowledge the claim but do not enter a defence. This gives you extra time to construct your defence.

Then can you post up the original Notice to Keeper, and a photo of the signs at the car park.

You should also send a Subject Access Request to the parking company, and a CPR 31.14 request to the solicitors who initiated the court claim.
Links to templates for those requests are to be found in the SHORTCUTS panel on right hand side of this page.

Make sure you do not miss any deadlines set by the court

ok thanks will do I've probably not got the original notice to keeper though

[des8]

Parking company should be sending you a copy NTK following your SAR

[Danlds]

Parking company should be sending you a copy NTK following your SAR

ok thanks, I'm a little concerned at this stage that the costs will go up as this is a parking company is this likely ?
also what should i be asking for on the CPR 31.14 it mentions a contract and terms and conditions? and the date I file my defense should be?

Thanks for the help with this its much appreciated as you can imagine I'm a little worried about all this

[des8]

ok thanks, I'm a little concerned at this stage that the costs will go up as this is a parking company is this likely ? No, in fact the claim is more than is claimable and will be disputed even if you lose in court and so could be reduced
also what should i be asking for on the CPR 31.14 it mentions a contract and terms and conditions? Yes plus copy of signs and the date I file my defense should be?Don't know as you have not given date claim was issued or when and if you acknowledged it
Thanks for the help with this its much appreciated as you can imagine I'm a little worried about all this

responses in red

[Danlds]

responses in red

Hi the claim date is 30th august 2023 and I've not sent the acknowledgement of service of yet but will tick defend this claim but have filled nothin in in the defense as you recommended, thanks again

[des8]

So you have until end of September in which to file and serve your defence, as long as you acknowledge the claim in time.

[Danlds]

Hi I've sent all the letters away last week and haven't heard anything as of yet will post when i do thanks

[des8]

Even if you don't receive any response don't miss the deadline for filing defence at court

[Danlds]

Even if you don't receive any response don't miss the deadline for filing defense at court

ok thankyou ill wait till Monday and see what happens

[Danlds]

Even if you don't receive any response don't miss the deadline for filing defense at court

HI Ive still not received anything how would i be best proceeding ? thankyou

[des8]

You have until 2nd October to file and serve defence so give it a few more days before writing defence