Court Claim Form received from County Court Business Centre for Parking Fine unpaid

[Patel0121]

Hi All,

I hope I'm following the right etiquette on this forum, so excuse if not. A driver has received a Claim Form from the County Court Business Centre in Northampton for an alleged unpaid parking offence from 2019.

Have to admit, the driver did get the letter to pay the fine back in 2019, however thought this was a scam as they did not remember parking there. Then when the driver got another letter, the tracker was checked and saw that the car was parked in the carpark for a few minutes, so must have realised that a permit/pay was needed so left. The driver did not get out of the car while in the carpark.

Also after reviewing the carpark signs, Noticed there was no sign at the entrance but on the walls of the carpark which meant any driver would have to enter the carpark to view the sign. Surly that is not fair?


Information requested as per the note:

Received a claim? Yes

Issue Date: 5th May

Have you Acknowledged the Claim?: Yes

Total Amount Claimed : £300.00

Claimants Name: Defence Parking Systems T/A Park Watch

Solicitors Firm: Gladstones

Original Creditor: As above

Original Debt: £100

Particulars of Claim: The Driver of the vehicle with registration XXXXX (the Vehicle) parked in breach of the terms of parking stipulated on the signage (the "contract") at XXXX, on XX/XX/2019 thus incurring
the parking charge (The PCN). The PCN was not paid within the 28days of issue. The Claimant claims the unpaid PCN from the defendant as the driver/keeper of the Vehicle. Despite demands being made, the defendant has failed to settle their outstanding liability. The claimant claims £X for the PCN, £X contractual costs pursuant to the contract and PCN terms and conditions, together with statutory interest of £X pursuant to s69 of the County Courts Act 1984 at X% per annum, continuing at £x per day.

Is the debt Statute Barred (have you had any contact with the creditor or claimant over the last 6 years?): I have not contacted them. They have only sent letters.

List any letters you have sent (eg: CCA/ CPR ): None

Any Other Information or Background Details: The carpark is a small piece of land with signs high on back wall of the car park. You have to entre the carpark to read the sign. I was picked up with a CCTV camera, not ANPR. Therefore they should see that i was in the carpark for 5mins, if that. Also that i did not leave my car.
Also my tracker shows i went shopping straight after i left the car park.

[des8]

Don't suppose you still have the original PCN, but if you do please post up a copy.(remove reference numbers and identitification details)
Also a photo of car park signage if possible

Anyway send SAR to Parking Company for all they have on you and also a CPR31.14 request to Gladsones asking for a copy of all documentation they are relying on. (templates in SHORTCUTS in right hand panel this page)
Do NOT identify the driver (and edit your post above so the drivers identity cannot be inferred)

Don't miss the date for filing defence

[Patel0121]

Thanks DES8,

Unfortunately during lockdown I had a clear out and threw them out. Plus thinking this was a scam, didn't think about holding on to them.

The carpark is not local to me, however planning a visit on Sunday to take all the pictures so will post up then.

I asked for extension, so I should have 28days from 5th.... i hope!

Sorry DES8, not sure what I could edit, thought I was being brief as possible :-)

I have downloaded the forms and will post out today. However noticed that the deadline for them to reply will pass my response deadline, does that matter?

Thanks again, really appreciate the support.

[des8]

It isn't the brevity that matters.
From your post it is possible to identify the driver. Amend your post by changing it to read "the driver was picked up by CCTV and "the driver was in the car park for % mins". All similar details should be changed.

[Patel0121]

Thanks DES8,

Looks like i cant edit once I post another reply. Will dig into this a little more.

I'm annoyed at myself as from reading through the document pages, I may not get a reply back in time for my defence. As they can reply back within a month. Do I just go in with a defence?

Also on the CPR form i noticed the following..
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.
..... this seems like a credit claim, not a fine claim, so am i right to ignore?

[Patel0121]

Thanks again DES8,

hopefully amended better.

Also both letters ready to post out and will be getting a certificate of posting. (I do read the advice on here too) :-)

Please let me know if other points are needed.

PS. forgot to say, thanks for the welcome!

Thanks

[des8]

Thanks DES8,

Looks like i cant edit once I post another reply. Will dig into this a little more.

I'm annoyed at myself as from reading through the document pages, I may not get a reply back in time for my defence. As they can reply back within a month. Do I just go in with a defence?

Also on the CPR form i noticed the following..
For your information and records I enclose a copy of the formal request for a copy of the credit agreement relating to this claim, pursuant to the Consumer Credit Act 1974, which has been posted to your client with the statutory fee of £1 today, xx/xx/xxxx.
..... this seems like a credit claim, not a fine claim, so am i right to ignore?

Yes, they are template letters which ned to be amended for individual circumstances

[des8]

You will need to file & serve a defence, but leave it to the last minute
in your derfence you state that as you have not been supplied with the documents mentioned in the POC on which the claimant relies, you have not been able to formulate your defence

[Patel0121]

Hi DES8,

Just visited the site, unfortunately the site is now fenced off. So cant get close enough to take a picture of the sign.
like I said, sign is at the back of the carpark.

Should i post pictures of the carpark/sign on here?
Sorry Ensure of data rules and etiquette.

Thanks

[des8]

If we can read the actual wording of the sign , it will be useful if you can post it up.
If not, there should in any case be a sign at the entrance warning that it is a private paid for car park, and the signs need to be clear and prominent.

[Patel0121]

Hi Des8,

See below the attemptnat taking a close up of the sign from distance. And the car park.

[des8]

Can't read the notice, so will have to wait until they send you a copy.
In the meantime start drafting your defence

[Patel0121]

Yes sorry, tried to get best picture i could.

Will start on my defence now. However any idea on deadline? Document says 28days from claim date, however on forum, some mention you have extra days for postage etc.

Also you said...

You will need to file & serve a defence, but leave it to the last minute
in your derfence you state that as you have not been supplied with the documents mentioned in the POC on which the claimant relies, you have not been able to formulate your defence

Do i just put my defence as I have not been supplied with the documents or do i put my argument in and the above?

Thanks again for the support.

[MIKE770]

On such a date request for xxx outstanding request etc

[atticus]

Why not take a photograph from closer to the sign?