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Received a county Court Claim this morning for a parking ticket

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  • Received a county Court Claim this morning for a parking ticket

    I can't remember when this started but based on the letter it was in 2019, I vaguely remember parking over the 2 hours by approx 10-30 minutes but it was a while ago now and I can't be sure 100%. The car park is for a retail shopping centre, i.e. a few bigger retails shops like Argos, Smyths Toys, Boots Next Etc. Over time I have received letters asking me to pay and to be honest, I ignored them as 1: It was in my maiden name and 2: People always say ignore them and now I am regretting listening to them.

    Here is the letter I received this morning. I've since logged in to take action and It stated that I had 14 days but I have requested and extension so I can defend myself which is 28 days so a 14 day extension.

    I've drove to the location after receiving the letter and taken photos of the entrance and signage which I will try to upload, these may have changed since the initial parking ticket but that's all I have.

    I've paid attention to the entrance:

    The car park entrance is on a small roundabout, one entrance to Tesco and another to the car park with has a 1 lane going in and 1 lane going out. The first sign is approx 100m from the roundabout and the sign says: private property, please see signage within car park for terms and conditions.

    The signage in the car park says that by entering the parking area / parking, I consent to following the terms and conditions and failure to comply will incur an 85 charge. 1: I feel this is a bit excessive anyway and 2: bearing in my that once you see the first sign, you have no option but to enter the car park.

    It also states on the letter that I agreed to pay within 28 days but I do not recall ever doing this.

    Any help is appreciated.
    Tags: None

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        • #5


          First of all edit your first post so that the identity of the driver cannot be inferred
          Do not identify the driver when dealing with the parking company or their solicitors.

          If you still have the original notice please post up a copy.
          If you don't have a copy write (first class with free certificate of posting from post office) to:
          1) the parking company sending them a SAR (see SHORTCUTS panel on right hand of this page)
          2)the solicitors sending them a CPR31.14 request (" " " " " " " " " )

          Comment


          • #6
            Originally posted by Batting5390 View Post
            It also states on the letter that I agreed to pay within 28 days but I do not recall ever doing this.
            Usually what they mean is that payment within 28 days is part of the T&C displayed in the car park and that by parking there you have "agreed" to those T&C.

            Unfortunately for them in this case the T&C you have posted up don't mention 28 days so you haven't agreed to that! Instead they use the vague and undefined phrase "prompt payment". (Unless the 28 days is mentioned on the smaller sign that says "Please see signage within car park...". I can't read the small print on your photo.)

            I suppose they might argue that the T&C displayed in the car park in 2019 did say 28 days but they would need to prove that.
            Last edited by PallasAthena; 21st August 2023, 13:09:PM.
            All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

            Comment


            • #7
              After doing some research on here and trying to find posts that are similar to mine I understand I need to make a request for SAR (Subject access request).

              Do I do this through the claim website or do I need to send them a letter asking for this? If sending a letter, do I do this recorded delivery?

              ```
              Dear Sirs,

              Claim Number: xxxxxxxxxxxxxx

              Request for documents mentioned in a statement of case under CPR 31.14

              On 17 August 2023 I received a County Court claim from you. I have acknowledged receipt indicating my intention to defend in full.

              To enable me to file my defence, I require inspection of the documents and contract on which you have based your claim ahead of filing my defence. In your statement of case you refer to terms and conditions as set out on signs at the site. Therefore, I require:
              • Details of the terms and conditions for the Waterfields Retail Park site.
              • Details of the size and location of the signs that were displayed on the site.
              • Details of the wording on the signs at the entrance and details of the wording on the signs were located at prominent locations throughout the site, if the wording differs.
              • Details of the agreement to pay within 28 days
              • Copies of all correspondence sent to the address of the registered keeper of the vehicle.
              • A copy of the landowner/parking company contract enabling you to operate on the site plus any other relevant intermediate contracts.
              • Notice of Assignment if applicable.
              Yours faithfully

              Xxxxxxxx
              ```

              Does this sound ok?

              Comment


              • #8
                Originally posted by Batting5390 View Post
                After doing some research on here and trying to find posts that are similar to mine I understand I need to make a request for SAR (Subject access request).

                Do I do this through the claim website or do I need to send them a letter asking for this? If sending a letter, do I do this recorded delivery?

                ```
                Dear Sirs,

                Claim Number: xxxxxxxxxxxxxx

                Request for documents mentioned in a statement of case under CPR 31.14

                On 17 August 2023 I received a County Court claim from you. I have acknowledged receipt indicating my intention to defend in full.

                To enable me to file my defence, I require inspection of the documents and contract on which you have based your claim ahead of filing my defence. In your statement of case you refer to terms and conditions as set out on signs at the site. Therefore, I require:
                • Details of the terms and conditions for the Waterfields Retail Park site.
                • Details of the size and location of the signs that were displayed on the site.
                • Details of the wording on the signs at the entrance and details of the wording on the signs were located at prominent locations throughout the site, if the wording differs.
                • Details of the agreement to pay within 28 days
                • Copies of all correspondence sent to the address of the registered keeper of the vehicle.
                • A copy of the landowner/parking company contract enabling you to operate on the site plus any other relevant intermediate contracts.
                • Notice of Assignment if applicable.
                Yours faithfully

                Xxxxxxxx
                ```

                Does this sound ok?
                That is a CPR 31.14 request you send directly to the solicitors handling the case on behalf of Highview
                It should only request documents actually mentioned in the particulars of claim


                You also need to send a SAR to Highview

                There are samples of CPR31.14 & SAR in the SHORTCUTS panel on right of this page

                Send letters first class with free certificate of posting from post office

                Comment


                • #9
                  I need help.

                  I sent a letter to the claimant on the 4th September recorded delivery but I have had nothing in response. I'm now at the end of my 28 days and I'm not sure what to do. I obviously need to file my defence and I am on the money claim site and I have a few sections I need to go through for my defence

                  Dispute Reasons
                  Defence Particulars

                  It's asking me to state my defence in no more than 122 lines. I'm not sure what to put?
                  Counterclaim
                  Service Details
                  Summary
                  Confirmation


                  Please help, I have to do this by tomorrow.

                  Comment


                  • #10
                    Did you send a CPR31.14 request to the claimant's solicitor?

                    How have you calculated the date by which your defence must be filed and served?
                    As you acknowledged the claim you have 28 days from receipt of the court papers.
                    For claims issued by CCBC deemed date of delivery is the fifth day after the date of issue

                    Comment

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