County Court Claim private parking - Help needed

[afro_dyta]

Hi, today I received a claim form from County Court Business Centre. The Claimant is National Parking Enforcement LTD.

The incident happened in feb 2018, free car park but it turned out car was parked for 6 mins in a disabled bay without a blue badge to be seen. Appealed but lost.

I since received a few letters with threats for being taken to court, bay lifts and court again, which I did not respond to. For month I received nothing so I threw everything in the bin. Today I received the court claim and I don't know what to do. Fine is gone up to £250.83 including court fees and legal costs and interest by the day.

Any help to resolve this would be appreciated as I got so worried that I am thinking probably best to pay this and get it sorted? First time in my life this happened to me... Thanks

[charitynjw]

Hi & welcome to LB.

Firstly you must acknowledge the court claim,
https://legalbeagles.info/library/gu...ledge-a-claim/

Was there a notice to driver issued? (NtD = windscreen ticket)

Please take pics of the site signs & post them on here.

You need to get copies of the postal notice to keeper (NtK), if applicable the NtD & all evidence that they will use in court.
+ some other stuff.
This can be requested via a CPR 31.14 disclosure letter.

What is the court claim issue date?

Could you post up their Particulars of Claim?

[Celestine]

Link to DPA request template for all documents lost (but still follow all the steps advised above re acknowledging the claim) - https://legalbeagles.info/library/gu...ccess-request/

[afro_dyta]

Charitynjw, Thank you so much for replying to me.

I made an account and intending to acknowledge the claim on friday, so it will give me extra time for submitting the defence.

To answer your questions:

There was no windscreen ticket. Just in the post within the 14 days.

I went the other day and took picture of the signs, will post them now but the incident happened in the dark from what I remember as it was feb 2018, so will go again tonight to take pictures in the dark.

Court claim issue date is 17 jun 2019. Took picture of the first page of that as well for you.

SAR is written with the help of Celestine.

[charitynjw]

Ok
A SAR will get you all personal data, but won't get other generic stuff which could be useful.
Even if documents aren't actually mentioned in the PoC, they may well be implied (Ie, for an alleged contract to be enforced, there must be authority enabling the parking co to operate on the site.)
So send a CPR 31.14 request to the solicitors.
In addition to whatever was requested via the SAR, ask for
- A true copy of the landowner/parking co contract &/or all other relevant contracts which give the parking co the relevant right to operate on the site.
- A true copy of the KADOE contract between the Claimant & the DVLA.
- True copies of the relevant site signage + a map of the site showing positions of signage.

An example CPR 31.14 letter (for a consumer credit case, so you'll have to adapt it & remove all references to CCA)
https://legalbeagles.info/library/gu...-of-documents/
Keep a copy, get proof of postage.

Your deadline for filing a defence is 33 days from the claim issue date, regardless of whether you receive responses to the SAR & CPR 31.

One more thing....in your appeal (or any other written communication to the parking co/IAS/solicitors), did you ID exactly who was driving/parking....even by implication?

[afro_dyta]

I wrote the SAR ready to send tomorrow to the parking people, who do I have to send this SAR, to the solicitors or parking people or both? And the CPR 31.14? Is this only for the solicitors?

No, the driver has not been identified by them and they kept sending letters that I have to name the driver if I know who it was, but I did not. I appealed as the keeper, I don't remember much now... Is there a way for the court to be delayed until I receive copies of all their letters to me? I don't even have the original one, but I know it is 6 minutes park in a disabled bay without showing a badge...

Went at the site today and took pictures in the dark, stayed to read everything from both boards and it took me a good 5 minutes I'd say, so I wanted to ask if I have a defence in the fact that the driver did not accept their "contract" as their action of leaving after 6 minutes proved that? Required period to park, find signs, decide to accept or otherwise, and the action take to leave?

[charitynjw]

SAR to the parking co, with a copy (for info only) to the sols.
CPR lettr to the sols.
Keep copies & get proof of sending.

NPE are members of IPC
https://theipc.info/aos-members/n
IPC have a Code of Practice, which includes grace periods.
https://theipc.info/uploads/-imXk-gE...6Q030/Code%20o
(In particular, 15.1)

Obviously, once the driver has left the site on foot, it is usually taken that the grace period no longer applies from that point.
But I wasn't there (& neither was any parking co bod?)
It could be possible that, while one of the vehicle occupants was reading signs etc, another occupant took the opportunity of nipping to a nearby shop.

[afro_dyta]

Thank you ill have a read into the links you sent.
Heres the truth. Driver never left the car, they have him on their pics sitting in the car on the driver seat. So ive saved some copies of peoples defences here to read but not sure in my case what should the points be if you can help with that please?

[charitynjw]

I can see a possibility that one of the passengers went to read the site signs, realised that they shouldn't be in a BB bay, went back to inform the driver & it was decided not to stay there.
Collected the person who went to the shop, & vacated the car park.
All within the grace period.
But as stated, I wasn't there, so difficult to comment.

[afro_dyta]

Charitynjw, I am attaching a copy of the SAR and CPR31.14, is it possible for you to have a look and critique? I will be sending these either this afternoon or tomorrow, waiting for your answer first. I am worried if I made a mistake. Thank you in advance.

[afro_dyta]

I forgot to ask you, do I send these first class, second class normal post or recorded or next day delivery or what is the best?

[charitynjw]

I forgot to ask you, do I send these first class, second class normal post or recorded or next day delivery or what is the best?

I usually send 1st class with proof of posting.
The problem with recorded, etc is that they can refuse delivery.