Private parking ticket, Court summons Options

[Barney1]

A private parking company issued a parking ticket. And as advised ignored it all the way but now they are taking me to court. I have today recieved a mediation form or to select small claim court appearance. I selected small claim court as mediation would be a waste of my time.
Can anyone advise whats likely to happen. I am the registered keeper and i have another driver on the policy.

This post has been edited by Barney1: Tue, 18 Dec 2018 - 12:35

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[Ollyfrog]

then edit your post pronto! Parking firms slither through the forums looking for hints!

[Barney1]

There is nothing in my post that identifies me.

[Ollyfrog]

your last sentence

[Jlc]

Who advised you to ignore it?

What defence have you submitted?

[cabbyman]

Have you previously asked about this on another thread?

Let's have more of the story.

[nosferatu1001]

With 153 posts almost certainly thois has come up before

OP - if youre told to do something, chances are you need to do it and not argue
We need to know what you have submitted as a defence, because that was your one chance at a defence

You were not, ever, advised to "ignore it all the way".

[Barney1]

Hi.
I have asked them for proof of who was driving. On the original correspondence the had a front and back photograph of the car. But the photographs had no date or time on so asked for dated and timed photographs.
That is the only evidence they have and the only evidence I asked for.
They have not supplied any of the requests but instead chosen to take it to court. I am defending the claim at court but have not got a date for this just a notice from court of intent.
I read a lot on the internet which I now realise is out of date, advising to ignore the letters etc. Tbh the letters initially looked like spam they were not l

etterheaded or looked professional. I actually thought it was rubbish.

[cabbyman]

They don't need to prove who was driving. PoFA enables them to pursue the RK if they meet certain conditions.

Again, what have you submitted as a defence?

[nosferatu1001]

OK, how about we get some facts?

What was the date of the alleged event?
Was there a windscreen ticket?
Was there aNotice to Keeper?
When did the NtK arrive, exact date needed
Does the NtK otherwise comply with POFA to hold the kepeer liable? Schedule 4 para 8 or 9

And lastly

WHAT defence did you put in? We need a verbatim copy of it. If you didnt keep a copy, tell us so.

[Barney1]

The defence was that the photos were not clear that there was no time and date on them and they had no letterhead etc on the form to show it had come from a legitimate source.

[cabbyman]

What sums are they claiming on the claim form?

[nosferatu1001]

Is that verbatim the exact defence you used?

If so, that was bloody awful
You have a huge job now to rescue this.

[Barney1]

Date of offence 25/2
It just say parking charge notice
No sticker on the windscreen
Not got a notice to keeper
No longer got a vertamin copy of defence

[nosferatu1001]

Sigh

So, what documentation precisely DO You have? This is like pulling teeth...
IS tehre any reason the Ntk would not have arrived? CHange of address?

NOT AN OFFENCE. Just an alleged infringment of a civil parking contract.

[Barney1]

No idea about the ntk
The only paper we have is the court paper with the case number on, a court notice of proposed notification to small claims track which had a questionnaire regarding mediation which we returned asking for an hearing. And the original parking charge notice which states an overstay of fifteen minutes but the entry and exit photos have no date/time stamps whatsoever

[nosferatu1001]

So you DO have a Notice to Keeper!

Because the ONLY documetn that can ever have ENTRY and EXIT photos on it is a document produced after the vehicle left the premises, meaning it cannot be a Notice to Driver

Was this Notice sent through the post, to the Keeper? Well guess what, thats a notice to keeper..

When was this notice received?

[Barney1]

That notice was received on 15/3 it doesn’t mention notice to keeper it says in large letters parking charge notice (pcn)
The charge has risen from £60/£100 to £400

[Ollyfrog]

Arrived outside of 14 days so cannot transfer liability from the driver to the keeper. They may well have other fails. Can you post up redacted copies of the notice to keeper (front and back) and the exact wording of the particulars from the claim form, plus any images of signage that you have? This will help the experts pick holes in it for you rather than playing twenty questions.

[ostell]

The Parking CHarge Notice addressed to the Keeper is a Notice to Keeper.

As there was no ticket on the windscreen then they have to deliver it to you within 14 days, they did not do this and therefore will not be able to hold the keeper liable. This should have been in the defence, indeed that should have been the first appeal to the PPC and it could well have ended there or shortly afterwards. At this stagge you cannot change you defence without a payment of £256 to the court.

They cannot use POFA to hold you liable but you can to state that the keeper cannot be liable for more than the original charge + nominal court costs. This should take it to about £175. As they have not heard from you they are trying it on and and hoping they can get a default judgement for that hugely inflated amount.

It may be possible to work this into your witness statement that you will have to submit just before any hearing. Strictly speaking not allowed to introduce additional legal arguments but worded correctly and as a litigant in person you might just get away with it.

This post has been edited by ostell: Tue, 18 Dec 2018 - 14:07