Free Traffic Legal Advice
Live cases legal advice => Private parking tickets => Topic started by: YoungDigga on December 03, 2024, 03:10:33 pm
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No excuse really other than negligence on my side really I should have opened the letters ASAP just be a really busy last few months so hadn't got round to it. Will take the advise and just pay the amount to avoid CCJ. Thanks again for all the help
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What is your excuse for not responding to the claim? The claimant has done nothing wrong so you'd have a problem getting your cost of applying for the set aside back. You can most likely get it set aside, but it would then just revert back to the point where you have to defend it.
If you pay the CCJ amount within 30 days of judgment (2nd July), it won't appeal on your credit file for the next 6 years causing you financial pain.
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An application to set the judgment aside costs £313, essentially.
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Unfortunately you’ve fallen into DCB Legal’s trap; they issue court claims but discontinue if they’re defended, they don’t want the bother and expense of having to go to court. Conversely, if the claim is ignored they’re quick to apply for a judgement in default.
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Hey I've been away on holiday for the last month or so and just got round to opening a bunch of letters. I've got a claim form for this now but its over a month and also have just been sent another letter saying a judgement has been entered.
When I log in it says
A claim was issued against you on 10/06/2025
A judgment was issued against you on 03/07/2025 at 19:09:27
Am I right in thinking its too late to respond? I see an option Set Aside Applications but not sure if I would be able to do this. It appears my only option is to pay.
https://ibb.co/S1L8Hcp
https://ibb.co/XxPm85kD
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AN appeal to the IAS was likely to be a waste of time anyway. You can try appealing to them and see if they accept it but I wouldn't waste much time on it.
You are now in a state of limbo waiting to see if they decide to try and litigate over the alleged debt. You can safely ignore all the useless debt collector letters that are going to come your way. Never, ever, communicate with a useless debt collector. They are not a party to the contract allegedly breached by the driver with the unregulated private parking company. Ignore them.
If/when you get a Letter of Claim (LoC) or an actual N1SDT Claim Form from the CNBC, then come back and let us know and we will advise accordingly.
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@b789
As you mentioned got the rejection from NPC https://ibb.co/VQRc6t2
With the holiday period I dropped the ball with appealing to IAS within 21 days. Now that it has elapsed 21 days is it worth appealing to IAS still? I see they have an option if you pay fee to still appeal but seems pointless if they're just going to reject it anyways. Does it make sense to let it go to county court anyways which sounds like what we want. What are next steps? Do I just wait till it reaches county court stage? or is there something I need to do in the meanwhile?
Thanks
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Interesting. I assume those are their "evidential" photos. All of them have exactly the same timestamp of 18:21:27. "Evidence" perhaps that the operator has simply pasted the same timestamp on to all the photos?
Without a valid "period of parking" on the Notice to Keeper, it is not fully compliant with all the requirements of PoFA to be able to hold the Keeper liable, as long as the drivers identity is not revealed. There is no legal obligation for the Keeper to identify the driver to an unregulated private parking company.
NPC will always reject an initial appeal, no matter what is put in it and there is little hope that an IAS secondary appeal will succeed either. However, they would be confirming their intellectual malnourishment if they were to ever try and litigate on this in the county court.
For now, simply appeal only as the Keeper with the following:
I am the keeper of the vehicle and I dispute your 'parking charge'. I deny any liability or contractual agreement and I will be making a complaint about your predatory conduct to your client landowner.
As your Notice to Keeper (NtK) does not fully comply with ALL the requirements of PoFA 2012, you are unable to hold the keeper of the vehicle liable for the charge. Partial or even substantial compliance is not sufficient. There will be no admission as to who was driving and no inference or assumptions can be drawn. NCP has relied on contract law allegations of breach against the driver only.
The registered keeper cannot be presumed or inferred to have been the driver, nor pursued under some twisted interpretation of the law of agency. Your NtK can only hold the driver liable.
Should you insist on pursuing this PCN, I will not hesitate to escalate this matter to the IPC as your evidential photos all bear the exact same timestamp of "2024-11-23 18:21:27", which is impossible unless your operative is either Flash Gordon or they have been tampered with. Which is it? I am sure that the media would be very interested also.
So, as NCP have no hope at IAS, you are urged to save us both a complete waste of time and cancel the PCN.
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Received a PCN for parked without clearly displaying a valid permit. The driver was unclear about what point in the road was permit holders only. There is a sign right by where the driver is parked and there is a further sign up the road which is where the driver assumed it starts from. There is nothing in the road to apart from the sign to indicate at which point is a valid permit required. Part of the vehicle is over the grove in the road which is where I am anticipating they have implemented the permit holders only.
I noticed that the PCN does not have an observation time. Although I can see the time from the photos uploaded onto NPC websites I’m assuming this alone isn’t enough to get the PCN cancelled.
I am the registered keeper i.e. in possession of the V5C.
PCN
https://ibb.co/DGvDt4W
Images of contravention
https://ibb.co/JBffKNd
https://ibb.co/wy3zpHf
https://ibb.co/7S335gN
https://ibb.co/wYVwwW7
https://ibb.co/wCwC1px