County Court Action - PCN

[SteveDelius]

Hello,

earlier this year I received a PCN for allegedly parking in a disabled bay. The photo included with the evidence shows chevrons to the drivers side of my car which are really faded. I have been back to the car park and taken pictures which show that there are no signs, either on the wall or the floor designating the area for disabled use. The bays are also some distance from the exit and not an obvious place to help disabled drivers with any access to the town.

When I was taking pictures, I asked the car park attendant who was walking around, where I could park if I had a disability, to which he replied, “we don’t have spaces in this car park” I asked why not and pointed out the area where I had parked, he stated that this wasn’t a disabled bay.

Thinking this was a scam, as there are no clear markings in the car park, I chose, foolishly, to ignore the following three letters and now I’ve been issued with a county court notice requesting £185 (£160 fee and £25 court fee)

The car park company are Excell parking, the car park is in Halifax but the court is in Northampton

The letters have all been addressed to my wife who is the registered keeper but she wasn’t the driver.

Could you offer me any advice? I know principles won’t carry me through a court case but I feel like I need to stand up and fight this ludicrous bullying technique, will no clear markings get me by? I can post the photos if it helps

thanks in advance

Stephen

[ostell]

So the first thing to do is acknowledge the claim using the details and password on the form. This gives you 33 days from the date of issue to get the defence to the court.

The court will, eventually, be your local court, Northampton is just a clearing house for claims.

Has your wife still got the first letter received from the parking company and was there a ticket on the windscreen?

Save those photos for later. Get photos of the signs, especially if there is no mention of conditions for disabled.

[SteveDelius]

Thank you for your reply Ostell,

When I acknowledge the claim, should I let the court know I wish to contest it?

I was displaying a parking ticket which is showing on the photograph in the letter, there were no other tickets on my windscreen, the first I had heard about the PCN was when the letter came.

I have attached a couple of photos I took on the day I received the letter, one sign does state that using a designated disabled bay will result in a ticket, but the bays are not clear. I have other pictures from different Excell parking sites which are very clear on disabled bay *the first photo is an example of this*

Am I right in thinking that because the bays are not clearly marked, this wouldn't stand up? I have strong feelings about disabled bay misuse and would never have knowingly parked in one if I'd have known it was there.

[SteveDelius]

Hello again,

I have acknowledged the court letter and advised that I would be defending the claim. Up until this morning I haven’t received a reply other than the on screen acknowledgment. Can anybody help direct me to how I should put my defence together? The parking bay I am being accused of parking in was not marked as a disabled bay but the parking company say it was.

i have photographic evidence of the bay and I spoke to the car park attendant but cannot provide evidence of that conversation.

are there letter templates and previous case packs I can pull from?

i appreciate any help anyone can offer,

thank you