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Notice of County Court claim from legal recovery company for parking fine

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  • Notice of County Court claim from legal recovery company for parking fine

    Husband received Notice of CC Claim from legal recovery company regarding parking fine from over three years ago.
    We don't know who was driving (him or me). I do know that I paid the parking machine £14 for two days parking but it would not accept seven £2 coins, I could only get it to accept six, so, I paid £12. I was concerned at the malfunction so I took a photo of the parking company's display board and of my ticket - I still have them both. I then went to the reception of the building I was going to and told them that there was a problem with the machine and I was told that any problems should be dealt with through the parking company. On my return I had a parking fine. I looked online for advice and the consensus was 'just ignore it and it'll go away'. The recovery company nows want £257.52 for the £2 that I couldn't pay to their client because of a fault with their machine.
    What should I do?
    I was planning to write and request all the evidence they have.
    Any advice would be gratefully received.
    Tags: None

  • #2
    That was the wrong advice... sadly and annoyingly for everyone who followed it. So no appeal was made at the time at all.

    What period of parking was your ticket for if you couldn't pay the £14 for the two days? Was it an hourly rate ?
    #staysafestayhome

    Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

    Received a Court Claim? Read >>>>> First Steps

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    • #3
      Thank you Amethyst.
      Parking cost £7 for 24hrs. 2 hours free, thereafter £7 per 24hrs or part thereof. I wanted to pay £14 for 48 hours as I wanted 40 hours parking. I paid £12. The ticket shows I bought 24 hours parking but paid £12 not £7. I parked for 40 hours. There was no alternative parking. No correspondence has been entered into at all, no appeal was made. My mother went into hospital and then hospice three days after the parking ticket for three months until she died, I was then looking after my Dad who my mother had cared for until he died a further four months on. This is at the same time as caring for an adult child with special needs and running a business. A £2 parking debt wasn't a priority for me. It didn't cross my mind that anyone would consider it's reasonable to waste court time, anyone's time, over a £2 debt.
      Last edited by BabyDriver; 17th September 2018, 16:08:PM.

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      • #4
        Has anyone here any good advice?

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        • #5
          Sorry, I meant to move your post down to the parking forum, but must have forgotten, I'll move it now for you - ostell
          #staysafestayhome

          Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

          Received a Court Claim? Read >>>>> First Steps

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          • #6
            Have you actually received a County Court claim form, probably from Northampton, or is it just a debt collector just threatening a court claim? If it is just a letter then post it up with identifying details redacted.

            Yes, you need all the details. Ask them for all the documents they intend to use in the claim. In particular, but not limite to, the Parking Charge Notice and copies of the signs that allegedly created the contract.

            Is this a hire car and are you in Scotland or NI.

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            • #7
              Thank you Ostell. No claim form yet. It is notice from recovery company with claim number from Northampton. I can post photo after my evening appointment.
              This is a car we used to own at the time of fine. In England.

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              • #8

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                • #9
                  So you write to them a letter demanding that the provide you with all the documentation that they will be using in court, especially, but no limited to, the Parking Charge Notice/Notice to Keeper in order to narrow the issues between you, as required by the courts. Tell them that as they are threatening to issue a claim they must have that documentation to hand and you require copies of all within 7 days. Send it First Class and get a free certificate of posting from a post office.

                  Who is that letter from and who is the parking company? You redacted rather too much info.

                  They cannot claim that much for legal fees and the interest, unless it was some time ago, looks a bit high.

                  This is not a fine they are talking about it is a speculative invoice.

                  It there is a claim then when you get the form acknowledge the claim onlline using the details and password on the form but do not enter anything in the defence, that's for later.

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                  • #10
                    Thank you very much. BW, PPS. It was 2015.
                    Is it acceptable to correspond with them via email?
                    Last edited by BabyDriver; 19th September 2018, 09:38:AM.

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                    • #11
                      Yes, email is fine but just in case print and file a copy.. But be very very careful not to identify who may have been driving. Keep well clear of that subject.

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                      • #12
                        Thank you so much Ostell.

                        You wrote '...in order to narrow the issues between you, as required by the courts' - should I actually quote that or are you just informing me of that fact?
                        To summarise: I am requesting all that they will rely on for our case - shall I tell them I intend to defend the claim?
                        Last edited by BabyDriver; 19th September 2018, 16:54:PM.

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                        • #13
                          ... and, most importantly, do you think I have a legal defence?

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                          • #14
                            Can you edit post #12 and remove hints at drivers. When you get the NTK then perhaps there might be better arguments. At the moment it's not clear

                            Yes add that wording about narrowing issues

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                            • #15
                              Thank you, should I state that I intend to defend the claim?

                              Is this email acceptable?

                              Dear Sir or Madam

                              Reference: xxx

                              Client reference: xxx

                              I am writing on behalf of xxxxxx who in 2015 was the registered keeper of vehicle xxxxxx.

                              I respectfully advise you that I will be defending any County Court action if you decide to pursue it (claim number xxxx).

                              If you intend to proceed with this claim you will have the relevant documentation to hand so within the next seven days, in order to narrow the issues between the parties as is required by the court please will you disclose all the evidence and documentation that you intend to rely on in court, especially, but not limited to, the Parking charge Notice/Notice to Keeper.

                              Sincerely

                              xxxxx

                              Address xxx

                              Last edited by BabyDriver; 19th September 2018, 17:30:PM.

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