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[amba]

Thanks James.

TBH its not possible to confirm or deny if my wifes car was parked as they stated as this is the very first set of papers that we have ever received. The date of the alleged offence in their claim is 01/01/1900 and no other mention of any other date .

As this is our local village supermarket my wife would park there probably 4 times a week so it isnt likely she would even remeber a specific date even if they had quoted a valid date.The car in question was sold almost 2 years ago so unlikely any memeory of it exists

I take your point about not appearing to be clever but surely they cant just issue claims for the sake of it and then give people the stress and grief of trying to defend .   

[JamesV6CDX]

I'd get some legal advice. If they have proof eg photos, or time stamped cameras,  you saying you have no memory won't be much use IMHO

Remember some solicitors firms give a first free consultation and other such offers

[steve6367]

Tell 'em to go opps themselves LOL

Its a private company and doesn't hold any legality for them to charge you anything for parking...

It's basically an invoice and you have no legal obligation to pay it.....


If, however it is a local authority that has sent it, then it has to be paid...

The car park is presumably a private car park and not controlled by a local authority...?


There is something of this very nature going through the courts and through Parliament to stop this illegal activity and intimidation of these unregulated companies as at the moment there is nothing to stop ANY company from opening a car park and charging you whatever they wish for you to park there...

If it hasn't been sent by registered post, then deny receiving it....


I would ask them for photos of the car parked in the parking spot, thy would have to be original photos and not 'enhanced' by a screenshot that has been clearly zoomed in digitally...

Tell them to do one....


Basically - just ignore it....

That is going to be tricky now its on here!

If the paperwork is from the court and not the company, then don't ignore that.

[amba]

We have no intention of denying we received court details ,and hopefully we can establish later today if they are genuine.

The real problem I am having getting my head around is how to deny or admit to something that we dont even know if and when it happened .

All we have is a set of ,pressumably legal court papers,relating to an offence that the claimant states happened 115 years ago on New Years Day  .

Just gets me really annoyed that things like this can cause some much agro when you cannot deny or admit either way .Dont like being shafted for any amount of money especially like this .

[bigegg]

It's called an "embarrassed" defence.
Basically saying there isn't enough information provided to make a plea.

[Kevin Wood]

The claimant has failed to provide you with a valid date for the offence. You have since sold the car. So, they have not provided you with a means to confirm that you were responsible, as it may have occurred after you sold the car. In the event that you were responsible, they have sat on it for 2 years without making any attempt to resolve the matter out of court.

The claimant has indicated that their "charge" has been increased as a penalty for non-payment, but they delivered no notification that a charge was due in the first place.

This in addition to the usual arguments that it's a penalty charge and not enforceable, etc...

You really should be able to walk this but, as said, contact the court and establish that it's genuine, then take your time.

[Gaffers]

Personally i would do nothing but keep a copy of the letter with the wrong date.  If you do reply just say that you were not in the car park on the date of the alleged offense and that by asking you for money for an offense for which you were not responsible amounts to harassement and is illegal under ....blah...blah (plenty of templates available for that legal parlence)  don't say that their date is horrendously wrong just say "it wasn't me, boo hoo, why are you harassing me and causing me stress?" 

I strongly disagree. He has received form N1 plus official court papers. This IS going to court and he WILL lose if he doesn't defend. We're well past the point of replying to the parking company.

Like I said there is an element of the DPA here that you could also explore in that by obtaining your PPI (Personally Identifiable Information) under false pretences for the purpose of harassement is illegal under Section 55 of the DPA.  I personally would take them to town on their Registration and Notification requirements, asking for proof etc but then this is the domain of my job so I know what exactly to ask for.

All good points, but, these avenues are in addition to defending the court papers, not instead of.

I am not convinced that this is anything to do with official papers tbh.  I too have received 'N1's before and they were 'dangle berries'.  It was a form that they called an N1, internally, and designed to confuse and intimidate.and flock all to do with the courts.

Check with the court that a case has actually been filed and if so then go through the process and just wait until they say you parked there in 1900......

I would love to see the judges face.

[omegod]

Sounds like utter swollocks to me, had all sorts of scam letters from pretend solicitors due to me not giving a crap about parking on private land. Scan it and block out your name etc so we can see if it's fake , my swmbo is terrified of the correspondence too  

[BazaJT]

Only advice I would give is that once you've verified that they are indeed genuine court papers then seek out a solicitor who gives a first-albeit short,maybe half hour-consultation free and then you'll know for sure where you stand.

[PhilRich]

What I'd like to know is how much did you sell this Vintage motor for!

[amba]

I tried ringing the court this afternoon to verify the Ref number but more automated message than ever,so have emailed them and asked they confirm this is a genuine calim they have had logged.If they confim back to say yes I will file the defence as suggested and see what happens.

If they respond advsing this is not genuine then I will be contacting our local solicitor and setting wheels in motion to instigate proceeding against the claim company together with solicitors full costs.

The more I read the actual claim detail the more I have to laugh as obviously it was never checked and is just a blanket standard sheet with 1 paragraph specific to the calim persued..albeit in this instance totally incorrect.

Unsure how to post the scan doc so sorry

[Andy B]

.....
Unsure how to post the scan doc so sorry

upload the scan as you would a photo to Photobucket/etc and post the picture/scan from there 

[amba]

Alien language that AndyB sorry.
Uploading pictures is beyond my minor IT abilities

[amba]

Well I thought I should just give you all an update of the current status of this.

We received a letter from the court asking if we wished to seek arbitration,which we declined as felt not only our defence was good but the case would be thrown out once somebody read all the paperwork and saw sense as tha claim was for parking on 01/01/1900.

A further letter was recieved advising us that a court date had been set for mid September 2015 and we should be prepared to attend as the case was now going to be dealt with by court proceedings.

Out of the blue yesterday we received another letter advising us that the case had been closed,no further action would be taken and the matter was closed.

In short a total waste of courts time/paperwork ,but fortunatley somebody had seen sense before the hearing

[Nick W]

More likely is that on receipt of the court paperwork, the company realised that they weren't going to bully you into paying and that the court would have found in your favour.

So they will have given up on your 'case' and are now concentrating on some other, more gullible sucker.