Thanks. I'm off work tomorrow so can get it done hopefully. I'm really sorry but which threads should I be looking at? Is there a link anywhere about the process and what/how much needs to be lodged and when? I've found a certain amount out online but a lot of help seems to be more aimed at people bringing a small claim than defending one (unless I'm just not finding it!) When does the witness statement need to be lodged? Is it before a hearing if the matter goes that far? Somehow, I think they'll not let this matter drop and it will go to a court hearing. From what I've read, they don't seem shy of taking matters all the way. I guess they're relying on people like me messing up.

Hi. Personal circumstances have meant that I have not yet managed to send a CPR 31:14 letter. Date of claim 9/4. I did manage to acknowledge the claim. I'm really up against it now time wise to lodge my defence. Please could you help me with the following questions? 1. Is it too late now to send the 31:14 letter and, if so, shall I just concentrate on defending the claim raising as many points as possible? 2. In the defence, should I refer to the vague POC making the point that I am not sure what I am defending? 3. My main argument is that a unilateral contract was made with the car park attendant as he did not refer to T&Cs, neither did the ticket and I was not aware of any signage. Apart from making that point, shall I cover all bases by mentioning that, in any event if they were to rely on that argument (which is denied), the amount of the fine is an unfair contract term and differentiates from Beavis and why I think it does? 4. Do I have to mention case law in my defence for every legal point or just state fact? 5. Can I upload photos with my defence online or do I just refer to evidence that can be produced in court, e.g. the original car parking ticket proving that I bought a valid ticket, photos of unclear signage or shall I just leave it to them to prove the opposite? I'm not sure how much evidence I have to come up with at this stage, e.g. I have spoken to several people on the train platform who have had similar problems with this company and, say, if I could get an independent witness to verify my version of events, would it have to be at the time I lodged my defence or can I produce witness statements at a later date in the proceedings? 6. When I've looked at other people's defences, the points are numbered. Is that just so the other side can refer to points 1, 2 and 3 and address them or do I have to put things in a particular order? I'm working on my defence right now and may have more questions but sure would appreciate your advice and support to get me through this. I'm on my own and can't afford legal support. Had to keep it from my family so they don't worry about this. Many thanks guys

OK. Here goes... "The driver of the vehicle registration XXXXXXX (the 'Vehicle') incurred the parking charge(s) on xx/xx/2017 for breaching the terms of parking at the land at St Georges Car Park Fitzwilliam Street The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle. AND THE CLAIMANT CLAIMS £160 for Parking Charges/Damages and indemnity costs if applicable, together with interest of £4.28 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.04 per day."

Hi. Last week I received a County Court Claim Form and I know that I need to act quickly at this point. In the Particulars of Claim section, it states "for breaching the terms of the parking on the land at...". Do they need to be more specific than that, i.e. do they need to specify the actual breach at this point so that I know what I am defending? Also, they mention the name of the car park and the street but not the town. Will this help me in any way?

Sorry. I hope you don't think I'm questioning your expertise - it's just that I've read that they're not shy of taking matters further even if they are on dodgy ground and, to be honest, if I can put this to bed at this stage and mention all the reasons why taking this further wouldn't be a good idea then I'd rather do that BUT I also don't want to shoot myself in the foot by doing so. It's all very overwhelming.

Oops sent too early. Was going to say makes them go away?

Thanks for your comment. So you're saying that it's best to keep it short and not mention things like the attendant not mentioning any signage? Do you find that this respnse normally makes the

Thanks. I don't feel comfortable using their website. I note that in the LBC they haven't mentioned on what basis they are bringing a claim on behalf of their clients, e.g. breach of contract. They only mention the amount. Should they have done this to comply with 6a of the Practice Direction which sets out that the claimant should write to the defendant with concise details of the claim..etc They have also failed to mention what evidence they are relying on. Should I mention this or am I barking up the wrong tree? Many thanks

Thanks for this. Another thing I'm not sure of is that they've mentioned a version of the Information sheet and Reply form that can be completed on their website but said I can request a paper version. It's a bit late for a paper version. Do I have to reply using a certain form or can I just send a letter?

Hi. I've been doing lots of reading around this and I just wanted to get your opinion on a matter. The ticket issued stated the name of the landowner but the potential claimant is Hx Cpm. Does the wording on the ticket mean that the 'contract' was between myself and the landowner? I'm just wondering on what legal basis Hx Cpm have a right to bring a claim? Sorry if this sounds daft.

Thanks so much Ericsbrother. Could I just ask whether DPA applies on the basis that my former partner gave them my details? Do I need to mention that I have the ticket as evidence? Many thanks

Please find attached Letter Before Action. Any help with replying much appreciated. Parking LBA.compressed.pdf

Ericsbrother you are amazing. Thanks for the explanation when I was having a major wobble. I'll hopefully post up to you later today. I have to work for the moment. Thanks again.

I received a letter before action from Gladstones dated 29/01/18. Somehow I thought I had 30 days to reply to defend but now I have come to deal with it properly I think I should have replied within 14 days. Have I messed up and will I now have to pay up? Thanks for your continued support.

Thanks ever so much for your prompt replies. I can't personally believe a company would become so aggressive in their correspondence over just an upside-down ticket and think they can justify charging me that amount of money for something as harmless as that - particularly as their attendant took my sodding money!

Thanks so much for your reply. It really helped at a very worrying time. I have done my best to copy and attach the documents I have received to date. Since my last post, I have received what I believe to be a letter before action. Please see attached and I'd be so grateful if you could let me know if I need to act. Just to say thanks so much for your reply. Really kind of you. I have just posted the documents. Parking invoice 18.10.17.pdf

I have previously commented on this matter when I was new to the site and accidentally hijacked someone else's thread - apologies for that - I couldn't work out what to do but think I've now got it. I have read many threads on this issue on here and on other sites but can't see any that totally match my circumstances so would really appreciate some advice. My ex partner was served a PCN (photographic evidence) by the above company by post for the car parking ticket not being on display. At the time of the incident he owned the car. On the date of the incident, I was driving the car I had physically paid an attendant accepting money early in the morning who issued the ticket. I still have the ticket to prove I paid it. The (very small and lightweight) ticket must have flipped over when I shut the car door. That's all I can think. In any event, the attendant simply said "put it on your dashboard" - no verbal reference to which way way up and no verbal reference to any terms and conditions/reading signs etc just the usual "park over there" comment. The ticket states the name of the car park, name of another company (who presumably own the land?), the date, the cost and it says "Parking at own risk/have a good day". No mention of the management company or t's and c's. Having taken your advice previously, I told my ex partner to just ignore the letter. He ignored me, panicked and phoned them to tell them it wasn't him driving and it was me. They subsequently wrote to me and I have continued to ignore them then realised I probably don't have protection under DPA as he named me. Is this correct? To further confuse matters, as we had separated and I needed a car for the children, my ex transferred ownership of the car to me on 05/11/2017. I then received a PCN on 07/11/2017 saying: "The driver of the above vehicle is liable for a Parking Charge for the above amount which at the date of this notice remains unpaid, and for which the balance due remains outstanding. We have gathered evidence by either ANPR, CCTV or photgraphs. This charge relates to the period of parking specified above, the charge having been incurred for Pay and Display Ticket was face down, and liability for the same having been brought to the attention of the driver at the time of parking by clear signage in and around the site: they inserted the name of the car park here A 'Notice to Keeper' has previously been served on the registered keeper of the vehicle containing full details of the charge. (technically I am the registered keeper of the vehicle at the date of this new letter - is this relevant?) This resulted in us being advised that you were the hirer (what is the definition of hirer?) of the vehicle at the time the parking charge was incurred. The driver is liable to pay the sum of 100.00 pounds. However, if payment is received within 14 days of this notice being sent then a reduced amount of 60 pounds will be accepted in full and final settlement. You are now invited to pay the unpaid Parking Charge. If you were not the driver of the vehicle, notify us of the name of the driver and the current address of the driver (in writing using the form overleaf) and pass this notice to the driver. Please note: Photographic evidence and data is held on file to support this claim in accordance with the Data Protection Act 1998. Failure to pay this charge may result in enforcement action which could include County Court Proceedings and which may incur additional costs." I ignored this letter and, to be honest, couldn't mentally cope with this having recently found myself a single parent received a further letter entitled "Outstanding Parking Notice Do not ignore this notice" on 06/12/2017. This letter says: We have previously written to you regarding the above PCN. You were given the option of paying a reduced amount of 60 pounds in full and final settlement. To date we have had no payment against this charge and therefore the balance remains outstanding in full which is 100 pounds. We have gathered evidence by either ANPR, CCTV or photgraphs. This charge relates to the period of parking specified above, the charge having been incurred for Pay and Display Ticket was face down, and liability for the same having been brought to the attention of the driver at the time of parking by clear signage in and around the site: they inserted the name of the car park here The driver is liable to pay the sum of 100.00 pounds within 14 days, please note - if this remains unpaid after 14 days of this letter being sent to you then it will incur additional costs due to further administration. Please note: Photographic evidence and data is held on file to support this claim in accordance with the Data Protection Act 1998. Failure to pay this charge may result in enforcement action which could include County Court Proceedings and which may incur additional costs. If this matter should have to proceed to court and judgement is obtained against you this could be registered against your name and address for 6 years and make it difficult for you to obtain credit. An unpaid County Court order can also result in bailiffs being instructed to seize goods and/or an order being granted to deduct the amount owed directly from your salary. Your immediate action is now required regarding this Parking Charge. If you require further information and/or evidence please visit our website for details...." You can see I have made some comments in italics above that I'd like some help with. As the 14 days is just about up I have to decide what to do next. As I have a lot to deal with right now, part of me just wants to make it go away but on the other hand I feel really angry about this unjustified treatment and I have little money as it is. I feel that I have a good argument for non payment because: I paid their attendant Their attendant did not mention any signage and the ticket does not refer to any Ts and Cs. In any event, this was before sunrise and the signs were not illuminated so I could argue it was not clear signage. Also the car park is not illuminated so I would have struggled to read the ticket in very low light The signs are lime green and white which goes against IPC recommendations of black and white Would I have taken any notice of the signs had I seen them on the basis that they refer to a different company than the name mentioned on the ticket? When I went back to look for the signs after receiving the notice, I saw that the signs refer to parking in clearly marked bays - there are none so does this make the 'contract' terms onerous? If their argument is simply that my ticket was face down and I can prove I paid as I have the ticket, what loss have they suffered as a result of my ticket being face down? Whilst I feel I have plenty of ammunition against them, I am just unsure of how to go about this. At what point do I put anything in writing? I'm a bit worried about writing the wrong thing and it being held against me but I'm also thinking that I should be replying as my silence could also go against me. I'm outside the appeal period but how does this stand in law? Is the appeal period simply a code of practice but not law so could I still technically try to appeal? I'm so confused as to how to go about this. Please help me. Any advice welcomed. Many thanks

Thanks ericsbrother I'm not sure what you mean when you say "WHEN they get the NTK get them to post up here as timings as well as content are critical...." Sorry if I'm being a bit stupid. I'm a bit new to all this!

https://www.consumeractiongroup.co.uk/forum/showthread.php?482555-Hxcpm-pcn-St-Georges-Car-Park-Fitzwilliam-Street-Huddersfield-HD1-5BB&p=5074615#post5074615 The car owner has been issued with the same notice but I was the driver. Same experience as above. Where does he (the car owner) stand? It is annoying that someone takes the money for your ticket physically but then you get told you haven't paid. I also have the ticket as evidence. Again, parking attendant said to put on dashboard but no reference to terms and conditions. Interestingly I parked around 7:30am. It was dark so even if the signs were up at the time, they weren't illuminated so would that add weight to the argument? Do I reply or just wait?