Private fine for parking in College Car park - Please Help!!

[Kelly Jenkins]

Hello All,

 

I've Managed to get 2 fines for parking in my college Car park, I have a permit but had forgotten to display the permit. On one of the days they had the barriers up so to enter you had to use your id card which put me off needing to display the permit. After reading the advice from the forum I did not pay anything and the first contact I have from them is "FINAL WARNING PRIOR TO COURT ACTION" ( see attached) letters and saying I need to pay £120 ( each) within 7 days.

 

I do not think it is fair to charge students when they have a parking permit which can easily be sorted out with proof by calling the college or sending a photocopy. Even a small admin fee would be more appropriate.

 

Should I take the same approach as suggested in the template letters or is this any different? I have seen that a previous case with Foamo at the same college occurred and I wondered if they have changed their approach since as their correspondence seems to be different?

 

Thank you for any help with this!!!

 

Many Thanks

 

Kelly

Edited July 8, 2009 by Kelly Jenkins

[My Real Name]

Ignore it.

 

As you have a permit, and have paid to park, this constitutes a penalty fee, which they have no lawful authority to impose.

 

It's unlikely that they would take you to court at all.

 

You should also remove the document until such time as you can post up a version without you personal details on it.

[Kelly Jenkins]

Thank you very much for your reply and I have removed the document ( it was quite late when I added it- very silly ) .

 

One other thing that I forgot to mention, the official keeper of my car is my partner so I do not want to risk anything to his name but am happy to see what happens if it's in my name. Should I at least tell them to change it into my name?

 

 

Thank you again.

[My Real Name]

I would just ignore them.

 

If they were daft enough to take him to court, it would be a simple matter for him to demonstrate that he was not driving, and did not park there.

 

Although I wouldn't know what point of law they would want to take him to court over.

[Kelly Jenkins]

Hi

 

I've received another letter - "FINAL WARNING PRIOR TO COURT ACTION" requesting £120 within 7 days.

 

Just wanted to check I should just still ignore them and not send them a letter from the templates?

 

 

thank you !

 

Kelly

[My Real Name]

Keep the letters, and continue to ignore everything, bar stamped court papers.

 

You may receive another final warning. And then final final warning, if you're lucky.

[Kelly Jenkins]

Ok will do Thank you for speedy reply !!

[DDWales]

Ok will do Thank you for speedy reply !!

 

Hi Kelly. As noted above its just a PPC [problem]. They will probably pass it onto a DCA so you will get 3-5 letters threatening all sorts but feel free to ignore. Have a look at this thread too. Its a bit long winded but very informative and puts you in the picture of what PPCs are all about.

 

FAQs - PPCs - fighting back. The forces are aligned

 

 

Keep us posted if you require any more help

[lamma]

and see mine ! http://www.consumeractiongroup.co.uk/forum/parking-traffic-offences/164651-problems-ppcs-face.html?highlight=problems+ppc+face

[Kelly Jenkins]

Hi all

 

CCJ now been issued !!

 

Since the last post in mid july I haven't heard anything until a couple of days ago and have now been sent a CCJ. Can anyone help as to what I should include in my defense?

 

I have had no contact with them so far and as mentioned before the "fine " is still in my partners name and therefore the CCJ is also.

 

Thank you !

 

Kelly

[kiptower]

is it REAL court Papers ?? have you contacted the court

 

scan it and remove any ID from it ,

 

has it a Court Seal and case ref no ?

[Kelly Jenkins]

Hi Kiptower,

 

Thanks for replying, well they look like real court papers and yes it does have a Claim No. for the northampton court which I can pay ( should I wish ) on the Moneyclaim website . I have just tried to log on with the claim number and password they provided but have been locked out for 2 hours as I either entered it incorrectly or they are not valid??

 

It has a court seal but I'm looking at it now that it could not be the real thing! I haven't got access to a scanner at the moment. I've looked on Google as to what it should look like but couldn't see anything. Do you know a way I could check?

 

Many Thanks

 

Kelly

[kiptower]

it could be real as you say its from nothampton

 

what are the particulars of their claim , you need to get a holding defence in asap,

 

one of the experts should be along shortly ,

[dx100uk]

i doubt very very much this is real, there has never been a case of this.

 

best idea is to phone the court 1st thing tuesday and quote the case number, i bet its spoof.......

 

not got a digital camera have you?

 

do it that way

 

dx

[lamma]

A CCJ ? When was the hearing ? I think we need more facts.

[MARTIN3030]

Yes best bet is to call Northampton on Tuesday morning and see whats going on.

[Kelly Jenkins]

Ok I've managed to access the moneyclaim online site and all the claim number and passwords are correct with my case showing on the system, So I guess it's real !

 

I intend to defend the whole claim but wondered what the best approach would be?

 

Many Thanks

 

Kelly

[londoncass]

Well firstly you haven't got a county court judgement (CCJ). That is what you get when you've lost the case (or ignored it and they've asked for one by default).

 

It is quite simple. They can only sue you for actual losses. As you have a permit, in this case their losses are null.

 

The wiser on here will advise you what to do, but they are trying to sue your partner for breach of contract. Well as he didn't park there and they have no proof that he did, then they have no proof that he breached any contract!! If he can prove where he was that day (eg get a colleague to provide a written stagement saying he was at work that day) then the case can be thrown out. It is not down to you to provide any information as to who was driving.

[lamma]

that about covers it

[jkdd77]

Get your partner to enter an acknowledgement within 14 days, and a full defence within 28 days.

 

If your partner provides a sworn affavidit to the court that he wasn't the driver, then it will be for the PPC to prove otherwise on the balance of probabilities, which they simply can't do.

 

I have more chance of winning the lottery than your partner has of losing this case (if timescales for response are duly met), and I've never even bought a ticket.

 

The case will also be transferred to your partner's local court.

 

I've PM'd you on additional suggestions for your partner's defence (not posted here because I don't want the PPC trolls to see it).

 

Don't forget to familarise yourself with the Civil Procedure Rules on bringing and defending civil cases:

PART 27 - THE SMALL CLAIMS TRACK - Ministry of Justice

 

Your partner should pay particular attention to recording his costs (postage/ travel/ parking/ time off work), with a view to claiming them back from the PPC after his defence is successful.

 

Normally costs in small claims courts are strictly capped, but Part 27(3g) provides that a judge may award additional costs aganist a party who has acted unreasonably. Suing someone who does not owe you money, without a shred of evidence that they personally owe you money, might well fall under this description (at the judge's discretion). The courts are not meant to be used for "fishing expeditions".

[londoncass]

Lets hope this'll be another case of the PPC dropping out before it actually goes anywhere!

[letshelp]

This case if it gets to court, will last no longer than 5 minutes, tell your partner not to worry, and as suggested keep a count of any costs.

regards

[Zamzara]

It may be going nowhere but IMO a proper defence is still needed. Complacency plays into their hands.

 

Please can you post the particulars of claim Kelly?

[letshelp]

It may be going nowhere but IMO a proper defence is still needed. Complacency plays into their hands.

 

Please can you post the particulars of claim Kelly?

Zamzara is of course quite correct, if you need assistance ask the site team for help in composing a suitable defence.

Also it might be worthwhile letting the legal bods on fightback forums have a look at the POC, they are excellent at this sort of thing.

regards

[londoncass]

yeah it would be interesting to see how they word it!!!