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Private car park, Claim Form
Bothered&Bew...
post Tue, 9 Oct 2018 - 12:06
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New here. I have a few general queries about a private car park ticket my son has. Fredd has advised me that you prefer to deal with alleged criminal directly. however I do feel at least partially responsible, since I did advise my son to ignore the parking ticket in the way that I have always done.
Unfortunately as I have discovered this advice is now several years out of date. My son has thrown all of the paperwork out. All we have is this Claim Form Issue date October 2nd 2018. £160.00 PC £12.67 Interest £50 legals £25 court fees Total £ 247.67
All very average. I want to check my understanding from previous posts I have read here. The company UK car park management ltd. is our tormentor, I would like to make sure I cost them as much as possible. Gladstones will obviously get paid whatever, sadly.
So I intend to defend, ask for oral, not paper only, requiring a solicitor to attend court, if I understand correctly, should I lose, the penalty is unlikely to be any more than is already claimed ? So a no lose gamble ? If I pay straight away no CCJ against my son's name ?
Am I right in identifying the Protection of freedoms act 2012 as the primary legislation for defending against these charges. ? Or is their a more recent one. I read so many posts on here, with very long and technical defenses It can I am sure confuse many a layman.
I do not have much confidence of defeating this charge, however if I can reduce the companies profits to minimum, I will settle for that. The scoundrels.

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SchoolRunMum
post Thu, 15 Nov 2018 - 21:56
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QUOTE
Our local county court is Worthing. Any idea if that is a 'good or 'bad' result for us ?


It's near to me and I've never seen a report from there.

QUOTE
Any award must be dwarfed by the costs to the claimants
Not really. It's a robo-claim, costs them very little, and it's a numbers game. Most victims pay up.
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post Thu, 15 Nov 2018 - 21:56
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Bothered&Bew...
post Mon, 19 Nov 2018 - 13:01
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thanks, on reflection I have reduced the offer to £50. Which I figure they may or may not accept. Still a win for them I think if they accept.

I have rewritten the last couple of paragraphs


I have prepared a detailed defence, on the evidence I have available at present, based around, yours and your client's failure to comply with POFA regulations. I am optimistic, that I can at least give you a challenging argument in court.

Bearing in mind the weakness of your case, the projected disproportionately low level of any award compared to the legal costs. The fact that the driver had already paid for two hours worth of parking, compared to the few minutes, that it is alleged the vehicle overstayed. In the interest of expediency, I am prepared at this late stage, to make an offer of £50.00 in full and final settlement and without prejudice.

My son is getting married in a few weeks, so somewhat distracted. I think he would just pay the full amount, if I was not bullying him into this. Will let the forum know how it goes.
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