Parking fine gone to county court

[Abzg2k19]

Need help with ppc taking registered keeper to court

[ostell]

Need a little more information than that, such as the Notice to Keeper and the signs

[Abzg2k19]

Yes i made another post with all info there

[Abzg2k19]

so i been ignoring letters from civil enforcement ltd since last year October after my father had a appointment at a clinic that the parking is operated by cel. it is a small car park right next to a pharmacy and dental clinic and upon entering theres a residents parking only sign but if u go to the pharmacy or the clinic they got a iPad there where you can type your reg in for free parking. my father also had a blue badge so thinking he could park free anyway he didn't thought about the parking and never saw the signs and no one in reception told him to type in his reg for free parking. after 2 weeks we received a pcn through the post i had the appointment letter,photocopied it and posted it to them recorded delivery still got receipt to prove but they reject the letter was told to ignore as you sent them a letter so they wont take you to court but they kept sending letters till this week but have sent a county claim form instead now my father was just the driver not the registered keeper any advice on a defence will be highly appreciated

[ostell]

So pointless putting the info across 2 threads

Still no NTK or Signs.

[Abzg2k19]

Sorry this is my first time doing something like this, the NTK is my mother who happens to be the registered keeper of the mobility car that was involved and my father was driving at the time of the charge
i have uploaded a pic of the sign that's at the front enterance of the car park.
if this is not what you asked for please can you give me more info as to what you are looking for.
Thanks

[Abzg2k19]

This is where my father there's no sign to tell him to enter reg as you can see from pic

[ostell]

So it looks as though the driver has been identified to CEL Ýes ir No?

So has anyone bothered to complain to the surgery?

The sign is prohibiting. Here's some text about this.

The signage in the car park is of a “forbidding” nature. It is limited to cars displaying a valid permit only and therefore the terms cannot apply to cars without a permit because the signage does not offer an invitation to park on certain terms. The terms are forbidding. This means that there was never a contractual relationship. I refer you to the following case law: PCM-UK v Bull et all B4GF26K6 [2016], UKPC v Masterson B4GF26K6[2016], Horizon Parking v Mr J C5GF17X2 [2016] – In all three of these cases the signage was found to be forbidding and thus only a trespass had occurred and would be a matter for the landowner.


The leaflet supplied with a blue badge does mention that it is not applicable on private are land

[Abzg2k19]

Thanks for the reply, no the driver has not been identified and i have complained at reception but they said they can't really do anything about it even tho they are the owners of the land, i did read on there google reviews that couple of other people got a pcn for parking there also but think they just paid it because its a bit of a hassle.
I have also filled in for AOC on the website to give me a further 14 days to file a defence in that time I'm hoping that CEL will cancel the claim.
i read on MSE that you should ask for SAR so shall i do that?

[ostell]

Yes SAR the parking company for all the information they hold about you,

Letter to the solicitor requesting all the documents that the intend to use in court in order to narrow the issues between you, as expected by the courts. You expect these by return or at the very latest within 7 days.

[Abzg2k19]

Okay Thanks will do that tommorow, I'm not sure who the solicters are i haven't got any previous letters as i chucked them in the bin all i got is one from drp and the claim form, i did get a letter before court but thought they were bluffing so chucked it straight in the bin and can't remember the name of that letter now. Shall i ring the court tomorrow and find out tomorrow?

[ostell]

So what have you a actually received ? A claim form from Northampton or a letter before claim from ??

[Abzg2k19]

I have received a claim form from Northampton but it hasn't got the solicters that are acting behalf of CEL

[Abzg2k19]

Hi i sent the sar and have received particulars of claim im trying to upload but the files size is too big

[Abzg2k19]

I have uploaded any advice on what to do next