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County court claim for fine in my own parking spot

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  • County court claim for fine in my own parking spot

    Hi

    Looking for some advice and anything is appreciated.

    I own a flat and have a designated parking spot. Back in 2018 I had misplaced my car permit and received a PCN during this time. Having taken some advice (maybe wrongly) I was told to ignore it and they will just send "threatening" letters which is what happened for the last 4 years. I have paid little attention to them.

    However today I received a county court claim. I was just looking for some advice and structure on how I should proceed with this. Please let me know if you need any more information or for me to attach any of the documents.

    Thanks
    Tags: None

  • #2
    ostell may be able to advise?

    Comment


    • #3
      So what exactly does your lease say about parking?

      What do the signs say?

      Do you hove the first PCN to post up?

      What is in the Particulars of claim?

      SAR to parking company
      CPR 31.14 request to solicitors for the PCN amd the sign that allegedly created the contract and the contract that allowed them to operate on land demised to you.
      Acknowledge the claim online on day 5 after issue or shortly after using the details and password on the form. Nothing in the defence. This gives you 33 days to get your defence to the court.

      Basically s the land is yours then they have no right to operate and are probably in breach of their code of practise. They have no contract with you and therefore there can be no breach. You already have theright to park and you have no need ofanother contract to park. If there was a breach then the only claimant could be the freeholder.

      Comment


      • #4
        Subject Access Request Letter to parking company = get proof posting

        CPR 31.14 Request no charge get proof posting to solicitors

        Acknowledge Claim on line just tick defend all


        Comment

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