Received N1SDT

[MrMAS]

I have received a County Court claim form for a parking offence and would like advice on what course of action is best. Details:

The car was parked on shopping centre car park) on 2nd October 2019. The driver did overstay the free limit of 3 hours . However the Notice to Keeper (sent by ES Parking) did not arrive until the 17th October. I took advice from Citizen's Advice and wrote back to the company stating as they were outside the timescale I did not have to pay. They rejected my appeal. I decided to ignore the fine as I felt they were just trying it on and when I heard nothing else for several months I binned all the paperwork.

I am now being asked to pay £238.90 or give my defence. I am concerned that if I defend it that, although I think I am in the right, I will lose and have to pay even more. I am also concerned about my credit rating. But, I despise being bullied by this parking company when I do not believe anyone has been disadvantaged.

Please help

[ostell]

Repost that form after removing the password !!

After a couple of days acknowledge the claim using the details and the password on the form.* Nothing in the defence.* This gives you 33 days from the date of issue to get your defence to the court.

Post up the redacted PCN received, but leave dates
Photo of sign would be nice.
Post up your reply, suitable redacted.
Has the driver been identified, simple Yes or No.* If not then edit your post so that the identity of the driver cannot be inferred.* Use "the driver......" etc


*

[MrMAS]

Repost that form after removing the password !!

After a couple of days acknowledge the claim using the details and the password on the form. Nothing in the defence. This gives you 33 days from the date of issue to get your defence to the court.

Post up the redacted PCN received, but leave dates
Photo of sign would be nice.
Post up your reply, suitable redacted.
Has the driver been identified, simple Yes or No. If not then edit your post so that the identity of the driver cannot be inferred. Use "the driver......" etc

Thanks for your reply.

Driver was not identified. I simply wrote something like 'I have taken advice from CAB and as the Notice to Keeper didn't arrive within 14 days I have been advised that you cannot pursue payment'

[ostell]

So you comment on the failure to define who they are claiming against - the keeper or the driver

List the POFA fails and that is why they cannot hold you liable.
*

[MrMAS]

Thanks for your help. So can I clarify that where they have said 'the driver of the vehicle' they needed to have identified an individual? Can the judge still decide I am liable? And if so could the costs increase for me?

[ostell]

No the costs would not increase for you