Private parking fine/court claim form

[ami79]

I have received a court claim form today. I was parked in a supermarket carpark and overstayed by 10 minutes in September 2015. I received a few threatening letters about payment and I ignored them (I realise I should never have done that. I do not know what to do. The payment is now 450 pounds including court and lawyer fees. I will complete the form. But need some advice on what I can put on the defence part. Also do I need to find a lawyer? Many thanks

[ostell]

Re: Private parking fine/court claim form

Acknowledge the claim online using the web address and password on the form. DO THAT NOW. Do not put anything in the defence, you have 33 days from the date of issue to supply it to the court.

Who was the parking company? Have you contacted the store (I know it's late) to get them to get the ticket cancelled? There is a grace period for people to leave after parking, For BPA members this is 10 minutes.

That claim seems to be rather high. Do they know the identity of the driver at the time? A yes or no will suffice.

Do you have any of the original documentation?

[ami79]

Re: Private parking fine/court claim form

Hi, The company is Civil Enforcement Limited. They do not know who the driver is. This happened September 2015. I don't have any letters from them as I threw them away. I also have photos from the carpark that show the pay and display was not visiable and they were hidden by overgrown trees. I have acknowledged the claim online today. It said I had to submit a defense in 14 days?. Also does this mean that more private companies are taking people to court because I thought taking people to court was costly and time consuming. Or am I one of the unlucky ones? Do I now need to find a lawyer.

- - - Updated - - -

Also the supermarket said they won't help as it is a private company and don't get involved.

[ostell]

Re: Private parking fine/court claim form

Read the claim form very carefully. Unless matters have changed then you have to respond within 14 days. If you just acknowledge the claim within the 14 days you get another 14 days. So that's 33 days from the issue date, which includes 5 days for service.

It will cost you more for a lawyer than paying the charge.

Have a look at details of the company here. You were not unlucky in being picked, you brought it on yourself because you did not respond to their letters and they are now hoping that you have moved and will not be able to respond to the court form and they will win by default.

Post up the Particulars of claim that are on the form. You will be claiming as the keeper of the car. As they don't know the identity of the driver they are claiming from the keeper, you, as the keeper under the Protection of Freedoms Act. However the maximum they can claim from the keeper is the amount shown on the original Notice to Keeper + court fees (£25 ?) and solicitors £50. Unless this is for multiple transgressions they have added costs in the hope that no one will be available to query them.

You need to work on your defence. This will be
Unclear signage
Non compliance with POFA to hold the keeper liable.
No contract permitting court claims with the store
Time within the grace period mandated by the BPA.
Time was not parking time but time between cameras, when the vehicle was moving not parking.

You will be objecting to the high amount of charges. How are they justifying them?


Look up ather defences on here and the PePipoo private parking forum

The supermarket are the company hiring CEL and are CEL are their subcontractors. When the supermarket says "Jump" CEL should respond with "How High?" Did you speak to a manager or just the customer help *(!) desk ? Which supermarket?

[ami79]

Re: Private parking fine/court claim form

I spoke to the owner of the supermarket. It is only a small family business supermarket called S and D. They said they have nothing to do with the parking and have got letters from them for overstaying aswell but ignore them. I do agree with you, 1 lesson I have learnt is never ignore the letters. Could you help with wording of the defense. I do not know where to start. Thanks. Have you heard of any cases going to court and the defendent having to pay so much money?

[ostell]

Re: Private parking fine/court claim form

Yes, they do win in court but if you present a good defence then they quite often cancel the case.

[ami79]

Re: Private parking fine/court claim form

Can I submit the defense online or post? I am hoping they will just give up.

[charitynjw]

Re: Private parking fine/court claim form

Was the court claim via MCOL? (Northampton CCBC).
If so you can file a defence online (though you are limited to the number of characters in the wording), via email, or by post (allow minimum 2 days delivery & get proof of posting...best SignedFor as it's trackable).

[ami79]

Re: Private parking fine/court claim form

Yes it is Northampton. I think I will post it recorded delivery instead. It is playing on my mind, that I may have to now pay a large amount of money.

[ostell]

Re: Private parking fine/court claim form

You have been pointed at other CEL defences. Edit to match your situation, post on here for critique before submitting. You have been given some items to include.

Here's POFA, the legislation that allows them to claim from you, the keeper. Section 4 (5) limits the amount they can claim from the keeper:

The maximum sum which may be recovered from the keeper by virtue of the right conferred by this paragraph is the amount specified in the notice to keeper under paragraph 8(2)(c) or (d) or, as the case may be, 9(2)(d) (less any payments towards the unpaid parking charges which are received after the time so specified).

So your defence must include reference to that section of POFA. If the charge was £100, usually that or less, then you can add £50 for legal fees and £25 for court costs, somewhat different from what they are trying to charge you.

[charitynjw]

Re: Private parking fine/court claim form

What is the issue date on the N1 court claim?

[ami79]

Re: Private parking fine/court claim form

Where would I find that information?. All I have completed is the Acknowledgement of service online on 8/10/17. The letter was sent to me on 4/10/17.

[charitynjw]

Re: Private parking fine/court claim form

What is the issue date on the N1 court claim?

Where would I find that information?. All I have completed is the Acknowledgement of service online on 8/10/17. The letter was sent to me on 4/10/17.

Top right hand side of the court claim form.

[ostell]

Re: Private parking fine/court claim form

You have 33 days from the ISSUE date that is given on the form as long as you have acknowledged. Plenty of time to prepare a defence.

[charitynjw]

Re: Private parking fine/court claim form

You have 33 days from the ISSUE date that is given on the form as long as you have acknowledged. Plenty of time to prepare a defence.

Hi ostell

I'm wondering if the Claimant has fallen foul of not complying with the new pre-action protocol?