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71
Apologies for the error misprint regarding appealing as driver too much sun. Always appeal as registered keeper.
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Private parking tickets / Re: Ocean Parking | Trace - Unpaid parking charge £170
« Last post by DWMB2 on September 09, 2026, 08:35:28 pm »
I'm a bit lost as to why we're talking about PoFA, in the opening post the OP sets out that they revealed themselves to be the driver in the original appeal, so that ship would have appeared to have sailed.

Do we have a copy of the original appeal - any defence based on disability may be helped by its contents.

As above, Re. counterclaims. Our advice generally centres around helping people make these matters go away as quickly and inexpensively as possible. A counterclaim increases the chances of a hearing being required, and a £3k+ counterclaim would make it a no-brainier for the parking company to send a lawyer. A potential counterpoint is that it might encourage them to make (or agree to, if you propose it) a 'drop hands' offer, whereby they agree to drop their case if you agree to drop yours. It's a risk, and depends on the perceived strength of your counterclaim.

If you wish to pursue a counterclaim, you may wish to seek legal advice from someone with relevant expertise in disability discrimination cases.
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The Flame Pit / Lancashire beware (A59)...
« Last post by Boomer on September 09, 2026, 08:22:01 pm »
Safer Camera Technology Introduced to Improve Road Safety across Lancashire

...i think that there is one of them in Osbaldeston (which is VERY hard to spot now that they have removed the old "classic: GATSO) :(
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Private parking tickets / Re: Ocean Parking | Trace - Unpaid parking charge £170
« Last post by jfollows on September 09, 2026, 07:16:11 pm »
If you counterclaim then you will go to court.
If you do not counterclaim, there is a good chance that the case will be discontinued by the claimant before having to pay the court fee. However if you register a counterclaim they can't easily discontinue, or won't do so because your counterclaim requiring them to attend court will still be "live".
Parking companies are not required to follow PoFA 2012 and can issue a claim to anyone they believe to be liable, Believing this to be unfair and having your feelings hurt won't stand up without more substance, so you need to think carefully about your proposed course of action. I can not personally offer any advice on the disability discrimination route you want to follow.
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Private parking tickets / Re: Ocean Parking | Trace - Unpaid parking charge £170
« Last post by Anon777 on September 09, 2026, 07:02:01 pm »
Thanks. I believe I have grounds for a counterclaim under disability discrimination. Any idea of how much I should counterclaim for and anything else I can counterclaim for to deter them pursuing to court? Some sites suggest a minimum of £3,000 with added costs due to hurt feelings. I don't mind going to court and paying the costs if judgement isn't awarded in my favour. For me £259 isn't a lot but I don't believe I should pay it based on the circumstances.
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@Sander333 said "appeal as the driver" and "appeal as the registered keeper" which might be confusing. The appeal should definitely be sent as the registered keeper only without identifying the driver, and do not say anything in your appeal in the first person when referring to the driver.

Read https://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/ if this is still confusing or unclear.
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The PCN is not POFA compliant there does appear not to be any creditor mentioned.
Appeal as the driver do you have any signs of the location. Looking at it from a logical perspective if you were parked in order to accept the terms and conditions you shouid have had a consideration period. They will proably rarely saying that double yellow lines mean no parking but these are on private land therefore not placed under local traffic legislation. You appeal as the registered keeper only.
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Private parking tickets / Re: Ocean Parking | Trace - Unpaid parking charge £170
« Last post by jfollows on September 09, 2026, 06:06:35 pm »
File a defence or Acknowledgment of Service by 22 September
If you file an AoS then you have to file a defence by 6 October
You already have the basis of a defence, so don’t lose track of the key dates and see what other suggest as well as posting a draft defence here for comments.
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Private parking tickets / Re: Ocean Parking | Trace - Unpaid parking charge £170
« Last post by Anon777 on September 09, 2026, 05:59:25 pm »
I sent a letter and Moorside Legal responded back. Interestingly they admitted that the PCN wasn't POFA compliant but could still pursue the driver of the vehicle.

Regardless, they have issued a court claim dated 3 September that I have received today, as attached.

How to respond?

https://ibb.co/jvXNZdyx

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Private parking tickets / Re: PCM PCN
« Last post by jfollows on September 09, 2026, 05:47:13 pm »
Please read http://www.ftla.uk/private-parking-tickets/read-this-first-private-parking-charges-forum-guide/, in particular so that you can show us the important documents you are talking about.

You are probably aware that blue badges have no standing on private land, unless the land owner defines parking terms which include them.
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