Hello all. New to this forum, just going to copy and paste the template with my answers.
Name of the Claimant: Comprehensive Management Services LTD
claimants Solicitors: Gladstones Solicitors Limited
Date of issue: 25/09/2017
Date of Acknowledgement - 13/10/2017
Date to file defence - 27/10/2017
Particulars of Claim:
1.The driver of the vehicle registration ... (the 'Vehicle') incurred the parking charge(s) on 04/06/2017 for breaching the terms of parking on the land at QUEEN STREET APARTMENTS
2.The Defendant was driving the Vehicle and/or is the Keeper of the Vehicle.
3.AND THE CLAIMANT CLAIMS
£160 for Parking Charges / Damages and indemnity costs if applicable, together with interest of £2.91 pursuant to s69 of the County Courts Act 1984 at 8% pa, continuing to Judgment at £0.04 per day.
What is the value of the claim?
£162.91 + £25 Court fee + £50 Legal representative's costs = £237.91
Has the claim been issued by the Private parking Company
or was the PCN assigned and it is the Debt purchaser who has issued the claim ? Comprehensive Management Services LTD.
Were you aware the account had been assigned – did you receive a Notice of Assignment? Not sure what "Notice of Assignment" is, I did receive a PCN & a "Letter Before Claim".
- I pay £50 PCM (in addition to rent) to Queen Street Apartments for parking in the car park in question. This is for my can.
- As my car had suffered crash damage, and was stationary in the car park,
I picked up a rental car (listed in POC) on Saturday 3rd June at 14:46.
I have proof of this.
It's worth noting that as this was a rental, I was the temporary keeper of the vehicle, but not the owner.
- Once arriving at the car park in question with the rental car,
I went immediately to the administration office of my building where parking permits are issued.
They have previously provided me temporary permits for rental cars in the past, free of charge.
- Unfortunately, the office was closed at this time, and as far as I am aware, there is no other way to attain a permit.
- As soon as the Queen Street Apartments staff were back in the office on Monday,
I immediately obtained the parking permit (it was too late, I already had the parking ticket).
I still have the parking permit as proof.
- My defence is that I did everything I possibly could have done in order to comply with the regulation, but was unable to do so.
As a resident of Queen Street Apartments who pays for a spot in this car park,
I was well within my rights for my car to be there
- even though a parking permit was not present.
I appealed the parking fine with the Independent Appeals Service (using my PCN number),
and it was rejected on the basis that they are "only able to look at the lawfulness of the charge and not at any mitigating circumstances".
Gladstones Solicitors then sent me a "Letter Before Claim".
I responded that I am unwilling to pay on the basis of [what I wrote above].
Now, they sent me the claim form.
I would appreciate any advice on how to proceed.
While I am happy to fight this (pending your advice),
it is a concern that if this goes to court, and I lose,
I may have to pay out several thousand pounds in legal fees
- at least I read that this is a possibility.
I have yet to respond to, or acknowledge, the claim form,
although I have until 13/10/2017 to do so.
I am not sure if it is worth me defending this,
or if I should just pay the money they are requesting?