Help with CCJ Claim – Private Parking Fine While in Labour

[outsidetickk]

I’ve just received a County Court Claim related to a private parking charge and would really appreciate advice on how to respond.

The incident took place near a hospital. The hospital car park was completely full, with cars backed up onto the main road and causing significant congestion. The driver bypassed this traffic and parked on a nearby side road — not in the hospital car park itself.

Crucially, the driver was in active labour at the time and needed to get to the hospital urgently. As the hospital is on a busy main road with double yellow lines, this was the closest and safest place to park. She then walked around five minutes to the hospital.

There were signs in the area about parking restrictions, but understandably, reading and processing them was not the driver’s priority in those circumstances.

Her husband arrived about an hour later and moved the car. There was no physical notice or ticket on the windscreen at that time. A PCN was received by post some time later.

When we received the PCN, I contacted the parking company to explain the situation. They told me the matter had already been passed on to their legal team and advised me to contact them directly. Unfortunately, amidst everything going on, we didn’t follow up — and the claim has now escalated into a County Court Judgment (CCJ) request.

Does the emergency medical situation (labour) provide a valid defence? And is the lack of any on-the-spot notice relevant here? I’d be grateful for any advice on how to respond.

[PallasAthena]

"parked on a nearby side road" suggests a public road and so a matter for the council but you seem to be dealing with a private parking company.

Can you clarify please, is the PCN a council Penalty Charge Notice or a private Parking Charge Notice? Was it a private road?

If it were council they might exercise their discretion in a case like this but as you probably know all employees of private parking companies had their sense of humanity and empathy removed at birth and they couldn't care less that the driver was in labour. Getting your money is all they care about.

However you may have defences, let's see what others say.

In the meantime can you post up on here a copy of the original PCN and the court document that you have received after covering up your name address car registration number and anything that could identify you (eg parking company and court reference numbers).

Have you disclosed the name of the driver to the parking company? If not then do not do so.