Author Topic: Private parking ticket taken to court  (Read 1042 times)

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Private parking ticket taken to court
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Hi everyone,

Hope you can help with this, I have received a letter from a private parking company from nearly 6 years- day of incident 11 September 2017.

They have sent me no letters to date apart from now a court form letter indicated that i have to pay £300+.

They have also got my name wrong on the letter as i changed it over 2 years ago.

Is there anything I can do here?

Thanks for your help in advance.

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Re: Private parking ticket taken to court
« Reply #1 on: »
Court form attached

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Re: Private parking ticket taken to court
« Reply #2 on: »
They have sent me no letters to date apart from now a court form letter indicated that i have to pay £300+.
Have you changed address between the incident in question and now? For you to have received absolutely no communication prior to the court claim requires quite a few letters to have gone missing.

They have also got my name wrong on the letter as i changed it over 2 years ago
Presumably the name they have used is your name as it was on the vehicle's V5C on the date of the parking incident? If so, no mileage in this.

Now that you've got a Claim Form, you should have a look through the MSE Newbies thread here: https://forums.moneysavingexpert.com/discussion/comment/64350585/#Comment_64350585 - this explains the process start to finish, your first step with the claim form will be to acknowledge service to give you the maximum time to file your defence.

You should urgently send a Subject Access Request to MET Parking. Attach some documents to verify your ID, a redacted utility bill and a redacted copy of your V5C would be good examples. Also provide any prior address that may have been on the letters originally. Bear in mind you may not receive a response in time for your defence.

In terms of your defence, there's a template on MSE that you might be able to use as a starting point - I'm not a huge fan of using a template for a defence, because there's a fair chance the judge will have seen it before, but without any information on which to base your defence it's a starting point.

A couple of other things. You should make clear through the defence/witness statements that you received no correspondence about this - you don't want the court to think that you have simply ignored MET Parking, as this could make you look unreasonable.

I can't see a good reason why they have taken this long to raise a claim - you should draw attention to this, whilst it is within the 6 year limit, you could argue that it is unreasonable for them to wait so long, and that there was no good reason for them to do so. At the very least, you should challenge the addition of interest - they've added nearly 6 years worth of interest onto the claim. Given that the tardiness in bringing the claim is at least in part down to them, you should challenge this.

I note the initial charge is £170 - this means they have added on £70 in spurious 'debt collection' charges. You should also challenge these, the courts routinely throw these charges out as they are an attempt at double recovery (the £100 charge covers them).

Re: Private parking ticket taken to court
« Reply #3 on: »
They have not sent me any letters in years- I first received a letter when the incident happened. My kids told me to ignore it as its not enforceable.

Since then I have not received any letters aside from this court letter.

I have submitted a subject access request.

Re: Private parking ticket taken to court
« Reply #4 on: »
also it will be 6 years by 11 September is there an argument here that this is not enforceable?

Re: Private parking ticket taken to court
« Reply #5 on: »
They have not sent me any letters in years- I first received a letter when the incident happened. My kids told me to ignore it as its not enforceable.
Alas your kids have provided you with duff advice, ignoring has unfortunately not been a wise tactic since 2012. That you have received a letter and ignored it does change the situation slightly, as you cannot claim that you were entirely unaware of the incident until now, and MET Parking can now say that they were left with no choice but to sue you due to your lack of engagement. Do you still have the letter that you ignored?

also it will be 6 years by 11 September is there an argument here that this is not enforceable?
My understanding is that because they have brought the claim before the 6 years has expired they're within the time limits - others will advise if I'm mistaken.

Re: Private parking ticket taken to court
« Reply #6 on: »
i never acknowledged it so i guess they cant really confirm that i received it in the first place?

It also makes no sense as to why they would wait 5 yrs + to then take me straight to court.

Re: Private parking ticket taken to court
« Reply #7 on: »
i never acknowledged it so i guess they cant really confirm that i received it in the first place?
But you have received it, so that is not in dispute. At any rate, a Claim Form sent by first class post is deemed to be served on the second business day after posting, unless you can demonstrate it hasn't been.

It also makes no sense as to why they would wait 5 yrs + to then take me straight to court.
Indeed, and as I've mentioned, you can draw attention to the unreasonableness of this delay, but as it is within the 6 year limit you do need to deal with this.

If you don't take action, MET Parking will be able to apply for a judgement in default, so ignoring it won't make it go away.