Court case on the horizon

[swr]

Hi all,

I'm in need of some advise please.

In 2016 I received a parking notice/fine from a private parking company whilst parking in a private car park. I'll spare you the details but (I suspect somewhat foolishly) decided to ignore the notice and letters from the company. I heard nothing for a couple of years and then started getting letters from bwlegal, After a few checks online and coming to the conclusion this was a scare tactic to make you pay, I again ignored the letters.
Two weeks ago I received a county court claim letter. I have responded to that letter giving the reasons I was parked there and believed the ticket was issued incorrectly. I have now received another letter from bwlegal advising they will proceed with the claim through the courts.
I have no legal knowledge or experience of going to court and was hoping for some advise on what best to do next. I still have the option of paying the fine, now £266. Are the courts likely to find in their favour?
Thanks in advance for any advise

[ostell]

Unsure what you have received, have you received a claim form from Northampton Count Court?

Have you got the original PCN from the oarking company? Have you identified the driver at the time, simple yes or no?

[swr]

Yes a claim form from Northampton county court, Yes will still have the original PCN and it was me who parked there
Thanks

[ostell]

I did not want to know the driver. If the driver has not been identified then edit your posts so that the identity of the driver cannot be inferred. The driver drove, the keeper received the letters and is handling. But if they have been told who the driver was then don't bother but say if yes.

What date is on the court form?

[swr]

The latest form I have is a 'Notice of proposed allocation to the small claims track' dated 23rd of Feb

[ostell]

So post up the PCN, suitably redacted but leave dates

What did you put in your defence?

[swr]

Just been searching high and low for the original PCN but it's not where I thought it was. Is this something I can request from bw legal along with the evidence of my car being park at the location and the signage at the car park? Before the court case I mean.

I my defence I told them the reason i was parked there (legitimate) and the reason I ignored the letters. (I'm being vague on here deliberately). I also commented on the extortionate cost of the fine.

[ostell]

You could raise a CPR 31.14 request to the solicitor to get a copy of the PCN and photos of the signs that created the alleged contract taken at the relevant time. You may get a response if it hasn't yet been allocated to the small claims court.

To be honest I would say that there is not a lot of chance if winning this on the information you've given. If your are not willing to give details then there is not a lot that can be done to help.