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james bruce
james bruce, Solicitor-Advocate
Category: Traffic Law
Satisfied Customers: 7202
Experience:  Owner at James Bruce Solicitors
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I've received a Claim Form from the small claims court for a

Customer Question

I've received a Claim Form from the small claims court for a parking fine from a private parking company that I've been ignoring.
JA: What location was this in? And have you consulted a local lawyer?
Customer: The Private car park is a rough patch of land at the bottom of a long single track lane that leads to a fairly quiet rural area. There is no option to park anywhere else - one has to enter the car park and drive back out again to go back up the lane. I parked in the car park but could not get payment card to work on the machine. The card machine appeared to not be working. So I went for a short walk for about 45 mins (which was their purpose for going there that day) and then returned to the vehicle and left.The private parking company sent the initial PCN to the keeper (my employer) who forwarded it to me.The parking firm then began sending letters to the me. I ignored them after reading that it was best not to respond to these letters on an advice site. Then then I was sent letters warning of court action from a legal firm representing the claimant. Again these were ignored.Please could you advise if there is a case here and the best course of action?I've attached the PoC below...Particulars of Claim
The Claim is for the sum of xxx
being
due from the Defendant in respect of
a Parking Charge Notice (PCN)
for a contractual breach which occurred on
06/01/2019 in the private car park/land at xxx
in relation to a xxxx registration number xxxxThe PCN was issued as the driver
failed to comply with the terms and
conditions, as displayed.Despite demands, the charge remains unpaid.
The Claim also includes Statutory Interest
pursuant to section 69 of the Countv Courts
Act 1984 at a rate of 8% per annum (a daily
rate of £0.02) from 06/01/2019 to
27/04/2022 being an amount of xxx
The Claimant also claims £60.00 recovery
costs as set out in the Terms and Conditions
and in the ATA AoS Code of Practice.
JA: Was a citation issued? Was a court date set?
Customer: No I was just asked to complete and return the form. I've sent back the ackowledgement of receipt for now, to give me time to work out the rest.
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: I don't think so no.
Submitted: 13 days ago.
Category: Traffic Law
Expert:  james bruce replied 13 days ago.
Hello, I hope you are well. My name is***** am a solicitor advocate and I will be assisting you with your question today. I am very sorry to hear of the problem you are experiencing and I will do my best to help you with this matter.
Customer: replied 13 days ago.
Hi there. This was in Branscombe in Devon and no I've not consulted with anyone.
Expert:  james bruce replied 13 days ago.

Unfortunately, if you entered the car park and used their parking area without paying, then you are legally liable.

If payment could not be made then the correct thing to do is not to park but find either another machine to pay at or a different calling area.

Clearly they are pursuing you because you have received the court papers. Ignoring the matter before does not help, and ignoring it now simply means a judgement made against you.

You can either accept liability and pay to avoid any further legal hearings, or you can challenge in court, if you loose judgement will be made against you and a CCJ issued against you.

Customer: replied 13 days ago.
even though their parking machine wasn't working I am still liable?
Expert:  james bruce replied 13 days ago.

Yes, if you could not pay you should not have parked.

Expert:  james bruce replied 13 days ago.

Can I assist or clarify anything further?

Expert:  james bruce replied 13 days ago.

Thank you for using Just Answer and for allowing me to assist you with your legal enquiry. I am pleased I was able to be of assistance. Please do not hesitate to come back to me for further advice on this or any other legal matter. It will be my pleasure to be able to assist you again.