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UK Parking Control County Court Business Centre claim form - PLEASE HELP!

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  • UK Parking Control County Court Business Centre claim form - PLEASE HELP!

    Hi,

    I REALLY need some help from somebody,

    Business park and the parking is dealt with by Up Parking Control UKPC. The driver parked there a couple of times without my permit because it just kept falling off and got some PCN’s, I ignored them and they escalated to various debt recovery agencies and now I have a County Court Claim Business Centre Claim form thing for over £500!

    Needless to say, I don’t have that kind of money lying around to throw at parking fines.

    So my question is: What do I do now?

    Can I avoid paying this amount or at least pay a fraction of it?

    I don’t understand what a claim form means. But it says I need to reply within 14 days or something?

    6 days have already past just thinking about where I’m going to get that sum of money!

    I spoke to somebody at UKPC and he kept saying if you can prove you are exempt then you won’t need to pay but my employer can’t prove that apparently even though them spaces are allocated to my workplace!

    Any help would be greatly appreciated
    Tags: None

  • #2
    Re: UK Parking Control County Court Business Centre claim form - PLEASE HELP!

    Firstly, take a breath. From what you say it appears that you have received a money claim. This is the government website on how to make a claim which explains the process from the debt collection agency side of things https://www.gov.uk/make-court-claim-for-money/overview
    This site explains what you should do as the Defendant https://www.gov.uk/respond-to-court-...money/overview
    Both will explain the process clearly to you and what you must now do. There is a useful section on payments and the options available, for example if you can show that you were allowed to park there, but as you did not deal with the notices before you received a Court claim maybe offer to pay the issue fee?

    You need to respond to the claim before this spirals further. Please ensure that you acknowledge it within the 14 day timescale. On the form you will need to indicate whether you believe you are liable to pay the amount claimed or not, ie by indicating that you wish to defend the claim or accept the claim. In order to decide whether you can fight the claim you need to consider what evidence you have to back this up.

    This is where it may get a little tricky. In order to defend the claim it is for you to show that you were entitled to park where you did. You seem to indicate that your employer has a few spaces that are used as part of an arrangement with the car park. If that is the case he should have an agreement somewhere, which would be helpful. Does your contract of employment indicate that you have parking at work? The other issue is the fact that you appear to have a 'permit' but had failed to display this. You said that the company had indicated to you that if you could show you were exempt then the fines would not be pursued. What type of permit is it and why were you unable to show them this and therefore avoid the fines. Was it not possible to contact them when you received the tickets to explain the situation and show them your permit? When you got the initial tickets you said that you just ignored them, did you mention to your employer that you had received them?

    A few more questions need answering before you can decide how to deal with the acknowledgment of service document but this needs to be sent to the Court within the timeframe they have stated otherwise the debt collection agency could apply for default judgment against you and you would have little chance of overturning it without very good reason.

    I hope this helps.
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

    Comment


    • #3
      Re: UK Parking Control County Court Business Centre claim form - PLEASE HELP!

      Sanitise and post up the claim form (don't forget the password when sanitising). Also a PCN and the signs too where possible.

      M1

      Comment


      • #4
        Re: UK Parking Control County Court Business Centre claim form - PLEASE HELP!

        Thanks for the information guys!

        so basically, when I got the first PCN, I tried to call them and it just kept going to an automated voice and after selecting the correct options it would try to ring through to an operator then just cut off. I tried this multiple times too.

        If I choose to defend this, do you think I have a chance of winning?

        Also, the permit is just a circle disk that sort of sticks to the inside on your windscreen. The reason why it wasn’t displayed is because I would drive other cars and when I cam back to using my own car again I would forgot to take the permit out of the other car; stupid I know but I guess I’m trying to move on with the problem.

        - - - Updated - - -

        Originally posted by Peridot View Post
        Firstly, take a breath. From what you say it appears that you have received a money claim. This is the government website on how to make a claim which explains the process from the debt collection agency side of things https://www.gov.uk/make-court-claim-for-money/overview
        This site explains what you should do as the Defendant https://www.gov.uk/respond-to-court-...money/overview
        Both will explain the process clearly to you and what you must now do. There is a useful section on payments and the options available, for example if you can show that you were allowed to park there, but as you did not deal with the notices before you received a Court claim maybe offer to pay the issue fee?

        You need to respond to the claim before this spirals further. Please ensure that you acknowledge it within the 14 day timescale. On the form you will need to indicate whether you believe you are liable to pay the amount claimed or not, ie by indicating that you wish to defend the claim or accept the claim. In order to decide whether you can fight the claim you need to consider what evidence you have to back this up.

        This is where it may get a little tricky. In order to defend the claim it is for you to show that you were entitled to park where you did. You seem to indicate that your employer has a few spaces that are used as part of an arrangement with the car park. If that is the case he should have an agreement somewhere, which would be helpful. Does your contract of employment indicate that you have parking at work? The other issue is the fact that you appear to have a 'permit' but had failed to display this. You said that the company had indicated to you that if you could show you were exempt then the fines would not be pursued. What type of permit is it and why were you unable to show them this and therefore avoid the fines. Was it not possible to contact them when you received the tickets to explain the situation and show them your permit? When you got the initial tickets you said that you just ignored them, did you mention to your employer that you had received them?

        A few more questions need answering before you can decide how to deal with the acknowledgment of service document but this needs to be sent to the Court within the timeframe they have stated otherwise the debt collection agency could apply for default judgment against you and you would have little chance of overturning it without very good reason.

        I hope this helps.

        Thanks for the information guys!

        so basically, when I got the first PCN, I tried to call them and it just kept going to an automated voice and after selecting the correct options it would try to ring through to an operator then just cut off. I tried this multiple times too.

        If I choose to defend this, do you think I have a chance of winning?

        Also, the permit is just a circle disk that sort of sticks to the inside on your windscreen. The reason why it wasn’t displayed is because I would drive other cars and when I cam back to using my own car again I would forgot to take the permit out of the other car; stupid I know but I guess I’m trying to move on with the problem.

        Comment


        • #5
          Re: UK Parking Control County Court Business Centre claim form - PLEASE HELP!

          It is difficult to predict your chances of winning as they are fact specific. The particulars of claim, signs and the PCN would make it much easier to assess.

          M1

          Comment


          • #6
            Re: UK Parking Control County Court Business Centre claim form - PLEASE HELP!

            When you acknowledge the claim, within 14 days of receipt, do not put anything in the defence box. You then have 28 from date of service to send a defence to the court. Assistance will be given for a suitable defence.

            Comment

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