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parkingfinesarenotfair
With no previous warning (no ticket affixed, no prior correspondence), I've received a Northampton County Court Claim Form in September, in relation to a Parking Charge issued allegedly in March !!!

Text of Claim Particulars reads:
" Claim for monies outstanding from the defendant, as registered keeper, in relation to a Parking Charge, issued [date of issue/2013], for parking without authority on private land. [ParkingEnforcingCompanyName]?s automated number plate recognition (ANPR) system, monitoring [place of monitoring and address] captured vehicle [Vehicle Registration Number] entering and leaving the car park, overstaying the max stay time. The signage, clearly displayed at the entrance to and throughout the car park, states that this is private land, is managed by [ParkingEnforcingCompanyName] Ltd, and is a max stay site, along with other terms and conditions by which those who park on site agree to be bound. In accordance with the terms and conditions set out in the signage, the Parking Charge became payable. Notice under the Protection of Freedoms Act 2012 has been given under SCH 4, making the keeper liable. This claim is in reference to Parking Charge(s) [Parking charge's number].
Signed by Claimant's solicitor. "

Amount claimed £100, Court Fee £15, Solicitor's cost £50, Total Amount £165.

I went on the Money Claims Online website and acknowledged the claim, thereby getting the extra 14 days to prepare the defence. I intend to defend the claim in full, as although I use that car park about once-twice a month when visiting two of the retailers in the Retail Park, I was not visiting the Retail Park on the date that the Penalty Charge was issued.

Isn't the parking enforcement company supposed to send letters about the parking charge to registered keeper's address prior to the action in court?

I've sent the parking enforcement company a quick email to ask why they have not tried to contact me prior to the action in court. Fingers crossed they will reply with more details. In the mean time, what can I do to make sure that I have a chance to see what they are on about, before going to court? Although I know I wasn't there on that particular date, I'd rather it all gets solved out of court. Although I can't afford any loss whatsoever, I would rather not have to pay court costs.

I am also afraid as not having the funds to pay for a solicitor myself and coming against the parking enforcement company's solicitor, they do have higher chances to win regardless of facts, as they do this day in day out.
Is there any way to force the parking enforcement company to answer my questions before the court hearing, so I can prepare?

I would appreciate especially answers from people who had the experience of either winning/losing their court cases.

Am I entitled to ask them to drop the court case and allow me to appeal their case to them and POPLA first? Would you recommend this?

Many thanks to all who reply.
Jlc
QUOTE (parkingfinesarenotfair @ Tue, 17 Sep 2013 - 15:01) *
Isn't the parking enforcement company supposed to send letters about the parking charge to registered keeper's address prior to the action in court?
Yes!

QUOTE (parkingfinesarenotfair @ Tue, 17 Sep 2013 - 15:01) *
Although I know I wasn't there on that particular date, I'd rather it all gets solved out of court.
We know which PPC this is - they are issuing hundreds (thousands) of bulk claims. Can you elaborate on the 'I wasn't there' - was the vehicle? (As they will be chasing the RK as 'liable').

QUOTE (parkingfinesarenotfair @ Tue, 17 Sep 2013 - 15:01) *
I am also afraid as not having the funds to pay for a solicitor myself and coming against the parking enforcement company's solicitor, they do have higher chances to win regardless of facts, as they do this day in day out.
Is there any way to force the parking enforcement company to answer my questions before the court hearing, so I can prepare?
You don't need a solicitor - this is small claims. You can't force them but any reasonable questions should be asked and answered, copy in the court. They have to prove their claim.

QUOTE (parkingfinesarenotfair @ Tue, 17 Sep 2013 - 15:01) *
Am I entitled to ask them to drop the court case and allow me to appeal their case to them and POPLA first? Would you recommend this?
You can ask them anything - you must engage with them. It would not be unreasonable to request a POPLA code in this instance - look at a number of recent threads on this.
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