Free Traffic Legal Advice

In Feb 2024, I paid and displayed my car parking ticket at private property (Buckingham Street car park, Birmingham), as the app to pay was down (which is usually how I pay). I came back and received it PCN, which stated I had not paid/displayed. My ticket had fallen on the floor, which I still have, so I appealed it. They declined this appeal and said I have to pay the fine as I breached the contract by failing to display the ticket. I have ignored the letters that have been coming through and I have received a 'Claim Form' from the Civil National Business Centre, where I have the option to 1. defend all of this claim 2. defend part of this claim 3. i consent to jurisdiction. I do not mind going to fight my case, although only if I feel as though I have a chance of winning. They are asking for info such as income/outgoings/savings too.

I have points which I feel might be able to help my case:
- I did pay and display - the ticket had fallen off. I remember it being very windy that day, and some of the industrial bins in the car park rolled into another car, which sadly I did not take a picture off. I still have the weather report from that day (natural causes)
- The company never lost any money as I did still pay for my parking
- I have not had any issues when paying for parking via the app, and have always previously paid for fines in the past if I was in the wrong
- It has been a stressful year; my grandad passed away, I got married and my dad had a mini stroke
- Reviews of the car park. Others have also had similar issues with the car park, and had their cars stripped. They are unwilling to help their customers when their cars are broken into/stolen/stripped of parts but then they claim they have 24/hour CCTV.

Would anyone be able to advise on this situation as I feel as though the car park have been unreasonable? Thank you in advance

  please ignore the link attached and see the image below

Sorry please see the form attached

That is not the form we need to see. I tis the first page of the N1SDT form with the claim number, issue date, theme of the claimant, their representative (if they are using one) and most importantly, the Particulars of Claim (PoC).

It looks like this:



I already mentioned, you will be completing this online. Nothing to send through the post.

Yes, but please show us the claim form before doing anything

That is the form we need to see. OK... with an issue date of 14th November, you have until Tuesday 3rd December to submit your Acknowledgement of Service (AoS). Follow the instructions in this PDF on how to submit the AoS through the MCOL website, which you have successfully found.

https://www.dropbox.com/s/xvqu3bask5m0zir/money-claim-online-How-to-Acknowledge.pdf?dl=0

Once you have submitted your AoS, you then have until 4pm on Tuesday 17th December to submit your defence. When you've submitted your AoS, come back and let us know and we will provide you with the defence and an accompanying draft order and instructions on how to submit them by email.

Do not ever anything in the defence box on the MCOL website. Not even a comma. Nothing.

So, no need to rush anything.

Please update me how you get on as I have received PCN for flipped ticket and appeal got rejected due to the terms and conditions. I would like to understand if we have chance to win against their claim even though we paid for the parking and have proof.

@nis11, here is the defence and attached draft order you should submit. In the defence, you only need to edit your name, the claim number and sign the defence by typing your full name for the signature and dating it. There is nothing to edit in the draft order.

When done, you save both documents as pdf files and attach them to an email addressed to claimresponses.cnbc@justice.gov.uk and CC in yourself. The subject field of the email must contain the claim number. In the body of the email just put: “Please find attached the defence and accompanying draft order in the matter of Secure Parking Solutions Ltd v [your full name] Claim No.: [claim number]”.

IN THE COUNTY COURT

Claim No: [Claim Number]

BETWEEN:

Secure Parking Solutions Ltd.

Claimant

- and -

[Defendant's Full Name]

Defendant

---

DEFENCE

1. The Defendant denies any liability for this claim.

2. There is a lack of precise detail in the Particulars of Claim (PoC) in respect of the factual and legal allegations made against the Defendant such that the PoC do not comply with CPR 16.4.

3. The Defendant is unable to plead properly to the PoC because:

(a) The contract referred to is not detailed or attached to the PoC in accordance with CPR PD 16(7.5);

(b) The PoC do not state the exact wording of the clause (or clauses) of the terms and conditions of the contract (or contracts) which is/are relied on;

(c) The PoC do not state with sufficient particularity exactly where the breach occurred, the exact time when the breach occurred and how long it is alleged that the vehicle was parked before the parking charge was allegedly incurred;

(d) The PoC do not state exactly how the claim for statutory interest is calculated;

(e) The PoC do not state what proportion of the claim is the parking charge and what proportion is damages;

(f) The PoC states that the Claimant is suing the defendant as the driver or the keeper. The claimant obviously knows whether the defendant is being sued as the driver or the keeper and should not be permitted to plead alternative causes of action.

4. The Defendant has attached to this defence a copy of an order made at another court which the allocating judge ought to make at this stage so that the Defendant can then know and understand the case which he/she/it faces and can then respond properly to the claim.

Statement of truth

I believe that the facts stated in this Defence are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.

Signed:


Date:

Draft Order for the defence