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Court Claim Form for Private Parking Ticket
Hi All,
I received a court claim form last month, unfortunately I have very limited time to respond to it now, wish i'd discovered this forum earlier. Think I’ve filed an acknowledgement of service form and could do with some help on a defence and prospects of a counter-claim.
I parked at a grocery shop and there is a clear sign on the front which says free parking at rear, have an image from around the time to verify this too. There are two pay and display machines in the car park at the rear of which only one was functional, I did purchase a ticket to be safe but then required another as I stayed longer than envisaged, covid restrictions were in place at the time and everything was just moving slower.
I’ve bought a second ticket at the same time the penalty charge has been issued, so it’s purchased but not on display at the point the penalty charge has been issued as I’m walking back from the machine to the car.
What’s the best legals argument(s) to defend myself in court and what are the my chances on a counter-claim? I’ve spent ages trying to appeal this through both the companies own process and then this court process.
Particulars of Claim:
The driver and/or registered keeper of vehicle registration X incurred the parking charge (‘charge?) on the Relevant Land at X for ‘Exceeded Time?. The charge was incurred as the terms of the contract (the ‘Sign?) were breached and it is stated on the contract that should there be a breach, a parking charge will be incurred to the sum of a £100.00, subject to discount for prompt payment. The Claimant seeks recovery of the sum due under the Protection Of Freedoms Act 2012 S56 Schedule 4. The parking charge was issues at X on XX/XX/20 under the notice reference of X. The amount claimed is for the contractually agreed sum of £100.00, Debt damage costs of £60, plus Court fees.
I received a court claim form last month, unfortunately I have very limited time to respond to it now, wish i'd discovered this forum earlier. Think I’ve filed an acknowledgement of service form and could do with some help on a defence and prospects of a counter-claim.
I parked at a grocery shop and there is a clear sign on the front which says free parking at rear, have an image from around the time to verify this too. There are two pay and display machines in the car park at the rear of which only one was functional, I did purchase a ticket to be safe but then required another as I stayed longer than envisaged, covid restrictions were in place at the time and everything was just moving slower.
I’ve bought a second ticket at the same time the penalty charge has been issued, so it’s purchased but not on display at the point the penalty charge has been issued as I’m walking back from the machine to the car.
What’s the best legals argument(s) to defend myself in court and what are the my chances on a counter-claim? I’ve spent ages trying to appeal this through both the companies own process and then this court process.
Particulars of Claim:
The driver and/or registered keeper of vehicle registration X incurred the parking charge (‘charge?) on the Relevant Land at X for ‘Exceeded Time?. The charge was incurred as the terms of the contract (the ‘Sign?) were breached and it is stated on the contract that should there be a breach, a parking charge will be incurred to the sum of a £100.00, subject to discount for prompt payment. The Claimant seeks recovery of the sum due under the Protection Of Freedoms Act 2012 S56 Schedule 4. The parking charge was issues at X on XX/XX/20 under the notice reference of X. The amount claimed is for the contractually agreed sum of £100.00, Debt damage costs of £60, plus Court fees.
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