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AlisonSolicitor
AlisonSolicitor,
Category: Traffic Law
Satisfied Customers: 308
Experience:  Expert
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I have received a county court claim for a parking ticket. I

Customer Question

Hi, I have received a county court claim for a parking ticket. I am typing my defence now. I have a couple of questions.
Submitted: 11 days ago.
Category: Traffic Law
Expert:  AlisonSolicitor replied 11 days ago.

Hello, my name is***** hope you are well today. I am a qualified Solicitor, and I will be able to help you by providing you with an answer to your question today. I specialise in UK and Irish Law. I am not always online but rest assured if I do not respond immediately I will respond when I return.

Expert:  AlisonSolicitor replied 11 days ago.

Is there anything else you feel is relevant to your question or anything else you would like to add before we continue?

Customer: replied 11 days ago.
let me give you an overview
Customer: replied 11 days ago.
I drove to Bexleyheath with a friend from my residence in Gants Hill on the 18th of January 2020 to view a property I had an interest in purchasing. I have never been to Bexleyheath before, and I was unfamiliar with the area. I drove around in search of a car park and found the NCP car park.
After meeting with the estate agents, I and my friend returned to the car park. I initially thought the machine would calculate the amount I needed to pay based on my license plate and entry time. As I and my friend tried to figure out the how the machine worked and the right amount to pay, there was a gentleman behind us who appeared quite agitated and aggressive. The behaviour of this gentleman made me very uneasy, so I quickly put what I believed to be the right amount of money for the parking and went to my car. Before we drove out my friend and I had a discussion about the amount and whether we made a mistake. I decided to take a picture of the signage on my way out to get the telephone number in order to verify when I arrived home.
When I arrived home, I called the telephone number from the car park, but they were closed and there was no answer.Considering my explanation, I am sure you can appreciate that I clearly had no intention to cheat or deceive; I paid what I believed was the correct amount for the parking. According to your records, you have stated that I underpaid for the parking. I dispute the charge of £160 which you have asked me to pay as I do not believe it is fair, it does not reflect the losses incurred by NCP or actual circumstances that transpired leading to the error in the payment amount.
I sent an email on the 20th of August asking for the difference in the amount I paid and what you state I was expected to pay. I am happy to pay that difference if you could let me know. I am also happy cover the cost of postage up to £5.
If you do intend to go to court, I will ask my friend who was with me to appear as a witness, and I will also supply all the necessary evidence to support my case.
Customer: replied 11 days ago.
this is an email I sent to the company a while ago
Customer: replied 11 days ago.
I want to dispute the claim on this basis: it is disproportionate and punitive. It does not reflect the losses incurred by NCP or actual circumstances that transpired leading to the error in the payment amount.
Customer: replied 11 days ago.
are you there?
Expert:  AlisonSolicitor replied 11 days ago.

You can defend the claim base on the facts that you stated and that you have already paid them. You’ll be offered mediation when you respond to the claim. If the mediation is unsuccessful, you might have to give more information at a hearing. The court will then decide whether you owe any money, and how much.

Customer: replied 11 days ago.
well according to them, my payment was a bit short
Customer: replied 11 days ago.
can I still defend the claim based on the fact that I have already paid them?
Expert:  AlisonSolicitor replied 11 days ago.

Considering that they are claiming you did not pay in full but you don't agree as to the amount they said you owe them, you can apply to the court to pay only what you think you owe.

You must send the court both:

  • an admission form to say how much you’ll pay
  • a defence form to explain why you do not owe the full amount
Customer: replied 11 days ago.
I would only be defending part of the claim?
Expert:  AlisonSolicitor replied 11 days ago.

Yes, if you believe you didn't pay in full, you can defend part of the claim otherwise you can defend the claim if you can prove that you have already paid them.

Customer: replied 11 days ago.
ok, the signage was not very clear to me
Customer: replied 11 days ago.
I did not notice it on driving in
Customer: replied 11 days ago.
is it worth mentioning this or better to leave it?
Expert:  AlisonSolicitor replied 11 days ago.

Better leave it since it would not be a good defence.

Customer: replied 11 days ago.
ok thanks
Customer: replied 11 days ago.
I used the parking premises of company NCP Limited on 18/01/2020 for 1 hour 29 minutes. As I was attempting to pay for the parking, there was a gentleman behind us who appeared quite agitated and aggressive. The behaviour of this gentleman made me very uneasy, so I quickly put what I believed to be the right amount of money for the parking and returned to my car. My friend who was with me on the day was a witness to the events. I called NCP as soon as I arrived home to report the incident and verify that I paid for my parking in full, unfortunately the office was shut for the day.
NCP contacted me a few weeks later saying I had not paid at all and insisted on a penalty charge notice payment of £60. I assured them that I paid for the parking and explained the full circumstances of what transpired.
They corrected themselves after I explained that I had paid but stated that my payment was short and still insisted on the fine, even after I offered to pay up the balance, which they rejected. I asked them to confirm how much I paid as I could not remember how much I paid but they refused to tell me. This fine has since been increased several times to £196.56.
I dispute the claim, especially because it is disproportionate and punitive. It does not reflect the losses incurred by NCP or actual circumstances that transpired leading to the error in the payment amount.
There was no intention to deceive on my part, I acted in good faith and even offered to cover the cost of letters posted to me.
Customer: replied 11 days ago.
this is what I intend to put in my defence
Customer: replied 11 days ago.
would you suggest I change anything?
Expert:  AlisonSolicitor replied 11 days ago.
Have they told you the amount you should have paid on the day you used their premises Excluding penalties?
Customer: replied 11 days ago.
They haven’t actually
Customer: replied 11 days ago.
Just said I paid for 1 hour rather one 1 hour 29 minutes
Expert:  AlisonSolicitor replied 11 days ago.

Your defence is alright but it would better to provide the following evidence:

  • a valid pay and display ticket
  • photos of signs that are hard to see or understand, or where the information is misleading
  • a letter from someone who was with you saying what happened – write ‘Witness statement’ at the top of this

Customer: replied 11 days ago.
Sure, but at this stage I am on replying to the claim form
Customer: replied 11 days ago.
Is it relevant at this stage?
Expert:  AlisonSolicitor replied 11 days ago.

It may still be relevant as the court may look for it thus, it is better to be prepared.

Customer: replied 11 days ago.
Ok thanks
Expert:  AlisonSolicitor replied 11 days ago.

Is there anything else I can help you with today?

Customer: replied 11 days ago.
I have a short deadline to send back the form so I may not be able to take the pictures before I send it off
Customer: replied 11 days ago.
I did ask the company to send me pictures of the signs but they didn’t
Customer: replied 11 days ago.
I don’t have the pay and display ticket any longer, it’s been over 2 years now
Expert:  AlisonSolicitor replied 11 days ago.

It is alright. You can just submit the form and explain to the court what transpired on that day.

Customer: replied 11 days ago.
Ok sure, thanks for help
Expert:  AlisonSolicitor replied 11 days ago.

No problem. Thank you for your enquiry today, please do not hesitate to contact us in future if you have further enquiries.

Customer: replied 11 days ago.
Thank you
Expert:  AlisonSolicitor replied 10 days ago.
No problem. We are always happy to help.
Customer: replied 10 days ago.
Can I amend my defence at a later date with more information?
Customer: replied 10 days ago.
I just got a phone call from your colleague who has just told me that my defence will not hold much water in court. He argues that it was not the fault of the company that the person behind me was acting aggressively. He suggests I pay.
Customer: replied 10 days ago.
Any thoughts on this?
Expert:  AlisonSolicitor replied 10 days ago.

You can amend a defence however it is better to ensure its accuracy before proceeding.

Expert:  AlisonSolicitor replied 10 days ago.

That would be correct in terms of liability for the aggression.

Customer: replied 10 days ago.
Sorry I don’t understand your last statement
Expert:  AlisonSolicitor replied 10 days ago.

Have you considered paying it to avoid the need for a stressful court case?

Customer: replied 10 days ago.
It’s quite a lot to pay to honest
Customer: replied 10 days ago.
It’s almost £300
Customer: replied 10 days ago.
If I was short, it was only by about 50p maybe
Customer: replied 10 days ago.
Hence my reluctance to just pay up
Customer: replied 10 days ago.
I only made a mistake because of the aggressive person behind us
Customer: replied 10 days ago.
What is your professional opinion? Do you think I have a case?
Expert:  AlisonSolicitor replied 9 days ago.

Yes I believe you may have a case but I would balance this against the stress and hassle of the court case. Not to mention your own time.

Customer: replied 9 days ago.
Ok thanks, ***** ***** suggest any tips to strengthen my defence?
Expert:  AlisonSolicitor replied 9 days ago.

Yes, include the detail you have above, the more details whilst remaining coherent will improve prospects.

Customer: replied 9 days ago.
From what I remember, the sign is not directly at the entrance of the car park. It is on a side wall so you can miss when you drive in if you are not looking out for it
Customer: replied 9 days ago.
It is an underground car park
Customer: replied 9 days ago.
Is this worth mentioning?
Expert:  AlisonSolicitor replied 9 days ago.

Good morning. Yes, it would help if you mentioned this also.

Customer: replied 9 days ago.
Good morning. Thanks
Expert:  AlisonSolicitor replied 9 days ago.

Thank you for your question on JustAnswer. We are always available to help and please do let me know if you have any other questions I can answer for you.

Customer: replied 5 days ago.
Hi Alison
Customer: replied 5 days ago.
very quick question
Customer: replied 5 days ago.
You said that you believe I may have a case
Customer: replied 5 days ago.
on what basis?