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3K PCN court claim from private parking company

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  • 3K PCN court claim from private parking company

    Received a claim form from the county court, Issue date 14th October 2024. Acknowledgement of service submitted 23/10/2024. The claim is for multiple parking charges. I am said to be in breach of the terms on the signs. Failed to obtain a permit in accordance with notified terms. For context, this is at a GP surgery, directly next to a community hospital. The hospital car park has been closed and the GP car park was open with barriers always up. There was a sign inside the hospital that simply read "Parking free today". I was visiting my father in hospital every day, at times returning more than once in the day or staying for long period of time. It is confusing to many as to the parking situation (I am not the only person who didn't know where to park). It's not a paid car park anyway as it only requires a permit that can be obtained inside the GP surgery, I did not go inside the surgery to get one especially as at times I was there in the evenings or night when it was closed.

    Any advice on defending this? What do I need to do next?
    Tags: None

  • #2


    You should send the solicitors a CPR31.14 request and the parking company a subject access request.
    There are templates in the SHORTCUTS panel on the right of this page. They will need amending as drafted originally for consumer Credit claims.
    When corresponding with the companies (or posting on here)n do not identify the driver.

    If you post up a redacted copy of the claim form, a photo of the signs with all the wording legible and a redacted copy of a Notice to Keeper we can assist in drafting your defence

    Comment


    • #3
      Thank you for your reply. I am little confused about what to put in the CPR 31.14 document, it lists three options in the draft document. On my claim form, the particulars of claim simply reference "The defendant is pursued as the driver of the vehicle in breach of the terms on the signs (the contract). Reason: Failed to obtain a permit in accordance with the notified terms." So do I just request for the "contract"?

      I am happy to post the claim form and notice to keeper, I will collect photos tomorrow. However I have already drafted a defence using a template and some AI, could I post that on here for to be reviewed?

      Thank you for your help with this, I couldn't keep up with any of this due to my fathers health and long stay in hospital and am struggling to stay on top of this so help is sincerely appreciated.

      Comment


      • #4
        I suspect that claim form also refers to "PCN(s)"; so you require copies of those as well as the signs.
        You could also ask for a copy of the contract authorising the parking company to operate on that site.
        Items 2 & 3 in the template refer to consumer credit cases and of no import to you here.

        By all means post up your draft defence (redacted) and not identifying the driver

        Comment


        • #5
          Thank you here is a redacted draft
          Attached Files

          Comment


          • #6
            Had a very quick glance at your defence and note that in para 3 you identify the Defendant (yourself) as the driver, so you can forget about POFA as it does not apply

            Was your draft defence based on MSE post?

            Comment


            • #7
              Thank you for having a look, yes I used a template from MSE. Would you advise that I don't identify as the driver? Am I right in saying I am would not have to identify the driver if I do not claim to be driver? Have attached images of parking signs.
              Attached Files

              Comment


              • #8
                With a sign like that at the car park I probably would be concentrating on its forbidding nature

                Can you please post up a redacted copy of the claim form (if it's from DCBL I can probably guess the wording)

                Comment


                • #9
                  Sure here is the claim form thank you
                  Attached Files

                  Comment


                  • #10
                    I'll draft up an alternative defence for you to consider over the next couple of days.
                    There's plenty of time, and you might need to amend anything drafted if they respond to your requests

                    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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