County Court claim documents Reference toparking fine

[Paul60]

Hi All

This is my first time on Legal Beagle.

I have received County Court Documents from the Northampton Business Center in regard to an unpaid parking fine. I parked on a car park which gave the only access to a center I was going to. The signs state if you park after 6pm it is free but if before then you have to go into the council museum and purchase a ticket. I normally arrive at or just after 6 but the parking firm claim I arrived at 5.52pm. The last ticket into the museum is sold at 5.30pm and doors close at 6.00pm. I cannot say for certain what time I arrived although I believe it was closer to 6pm.

I responded to their first letters stating, without prejudges, that by the time I had parked the car the museum and the doors would likely have been closed and in any case there would not have been a financial loss due to the fact that the car park had few cars parked and therefore would not prevent any potential customer parking and the museum closed down for the night, all patrons would have left, by 6pm.

Additionally, the size of the fine, which I think was about £60 was excessive and wish to contest the fine. Also, the fact that they suggest very strongly that the bailiffs will be round to collect payment which I always believed they could not do this until it has been to court and assuming that I lost.

How do I proceed and, assuming it goes to court, how do I get it transferred to Birmingham County Court ?

Please advise

Paul

[ostell]

It is at court and later in the process you will pick the court you want.

Post up a suitably redacted copy of the Notice To Keeper you received but leave dates. Photos of the signs.

[Paul60]

It is at court and later in the process you will pick the court you want.

Post up a suitably redacted copy of the Notice To Keeper you received but leave dates. Photos of the signs.

"Hi

Many thanks for responding to my post.

I have attached a copy of the main page, all the other pages are about how to respond and a request for personal finance detail. It is dated the 25th Feb.

I do not have a picture of the parking sign but it stated first hour free and after 6pm

[ostell]

No, need to see the PCN that you received at the time.

If you regularly go to that location then get a photo next time.

[Paul60]

"I have attached a photo as requested. I believe that the sign may have change since the alleged incident but the basic signage was similar.

[ostell]

Take down the claim form and remove password, VRM and PCN number then repost

The claim is a bit high, how did they get to that?

[charitynjw]

Hi All
This is my first time on Legal Beagle.
I have received County Court Documents from the Northampton Business Center in regard to an unpaid parking fine. I parked on a car park which gave the only access to a center I was going to. The signs state if you park after 6pm it is free but if before then you have to go into the council museum and purchase a ticket. I normally arrive at or just after 6 but the parking firm claim I arrived at 5.52pm. The last ticket into the museum is sold at 5.30pm and doors close at 6.00pm. I cannot say for certain what time I arrived although I believe it was closer to 6pm.
I responded to their first letters stating, without prejudges, that by the time I had parked the car the museum and the doors would likely have been closed and in any case there would not have been a financial loss due to the fact that the car park had few cars parked and therefore would not prevent any potential customer parking and the museum closed down for the night, all patrons would have left, by 6pm.
Additionally, the size of the fine, which I think was about £60 was excessive and wish to contest the fine. Also, the fact that they suggest very strongly that the bailiffs will be round to collect payment which I always believed they could not do this until it has been to court and assuming that I lost.
How do I proceed and, assuming it goes to court, how do I get it transferred to Birmingham County Court ?
Please advise
Paul

Arguments re pre-estimate of loss are a dead duck nowadays. (Google 'ParkingEye v Beavis')
But the parking co should allow for a reasonable grace period to read the sign & follow instructions.

BPA Code of Practice here. (Refer to grace periods.in the latest CoP)

[Paul60]

Arguments re pre-estimate of loss are a dead duck nowadays. (Google 'ParkingEye v Beavis')
But the parking co should allow for a reasonable grace period to read the sign & follow instructions.

BPA Code of Practice here. (Refer to grace periods.in the latest CoP)

"Thanks for the suggestion, it is much appreciated.

Will I need to employ a solicitor if and when it goes to County Court?

Given the size of the fine, shouldn't they use a small claims court?

Thanks again.

Paul

[Paul60]

"Thanks for the suggestion, it is much appreciated.

Will I need to employ a solicitor if and when it goes to County Court?

Given the size of the fine, shouldn't they use a small claims court?

Thanks again.

Paul

Hi again

I have just noticed that the claim form is signed "Civil Enforcement Limited" Am I right in believing that the document should be signed by a real person?

If not, as in this case is the claim legal?

Regards

Paul

[ostell]

Small claims court = county court. You don't need to employ a solicitor and yes there should be a name at the bottom of the form

[Paul60]

Small claims court = county court. You don't need to employ a solicitor and yes there should be a name at the bottom of the form

"Many Thanks"