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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 32086
Experience:  Over 5 years in practice
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A private car parking company are taking me to county court

Customer Question

Hello a private car parking company are taking me to county court as i have refused to pay the fines. I have asked them to provide evidence of the offence which they have not done. They are maintaining they are with in their right to fine me. What can i do to protect myself. I believe my first hearing is for a judge to consider the case.
Submitted: 4 months ago.
Category: Law
Customer: replied 4 months ago.
I am concerned that by communicating with the car parking company more, the presumption will be that I am liable to pay all outstanding tickets. Or should I attempt to settle this matter out of court. What are my rights to insist the car parking company provide evidence justifying the tickets being issued.
Expert:  Jamie-Law replied 4 months ago.

Hello my name is ***** ***** I will help you with this.

Have you filed a defence yet?

Customer: replied 4 months ago.
No,The car park is free parking at the shopping Mall , however the employees are not supposed to use the car park,I presume they have used car reg recognition and fined me with out establishing if i'm at work or not. Following guidance from another website I sent a letter to the car parking company challenging the PCNs. Asking them to provide photographic evidence, questioning their right to access my details through DVLA.(data protection). I asked for a POFA 12 and to offer me a POLPA code. The offences I'm going to Court for are over 12 months old, this is another issue I don't know where I am with the PCNs or if there are more to come. I told them i believed their approach was arbitrary and aggressive and was causing me distress. I did get a response which basically said they had a right to give me PCNs.
Expert:  Jamie-Law replied 4 months ago.

Have they provided any evidence yet?

Customer: replied 4 months ago.
No,I just got debt collector letters which i did not respond to and then the notification from Count Court came through. I did agree to mediation, but got a letter from Court saying the initial offer was no longer available. I now have to prepare my defense for a hearing in Dec. Where the judge will decide what will happen next. What should I be saying to argue my case please.
Expert:  Jamie-Law replied 4 months ago.

i assume you have already filed a defence?

Customer: replied 4 months ago.
No I haven't filed a defence, as I was wanting your advice first, so I know what to say before the court appearance. Please advise.
Expert:  Jamie-Law replied 4 months ago.

You said you had a Court form through and you have a hearing in December.

From that you must have sent a defence document in?

Customer: replied 4 months ago.
No, I've completed a questionnaire, dates for availability , who will be attending with me and i've been advised any information I rely on in Court has to be available to the other party.
Expert:  Jamie-Law replied 4 months ago.

The Directions Questionnaire. So to get to this stage you must have filed a defence in response to the claim form?

Customer: replied 4 months ago.
I am sorry I'm not finding this dialogue helpful or advisory in any way. I will not be corresponding further.
Expert:  Jamie-Law replied 4 months ago.

Sure. Please do not reply then otherwise the system thinks are you are stuck