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Challenging Ticket In Private Car Park

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jackthehat | 12:39 Wed 10th Aug 2016 | Civil
10 Answers
On 16.3.2015 my parents used a Private Car Park.
On returning to their vehicle they saw that they had been issued with a ticket giving an offence of 7174785: Not fully within the confines of a marked bay location.
My parents checked and couldn't see where any of their wheels were out of the bay.
They asked a passing Council-employed Traffic Warden and he advised them, that whilst the Car Park was nothing to do with him, they ought to ignore the ticket.
Today they have received a Claim Form from a debt company (unsurprisingly registered at the same address as the Parking Company) which is an intent to pursue this is the County Court, dated 4.8.2016.
My parents have had NO correspondence from the Parking Company in the interim.

Advice, Please.

Many Thanks
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Obviously not a legal expert but I'd be inclined to ignore it as an attempt to make your parents pay without having to actually do anything. I'd not respond and encourage them. If it does go to court don't they have to prove their case ? And of course your parents would have taken a photo as support of theirs (even though I appreciate folk can move cars then take a photo). If they have no evidence the offence took place where does that leave them ?
They should write back advising that they do not accept the validity of the claim, and they are seeking legal advice and will be delighted to attend court to contest the issue there.

Most of these companies are chancers, relying on the intimidation of a 'threatening' letter to make people pay up.

Those that kick back are rarely pursued because it's not worth the company's time and costs to go to court, so they back off and chase someone else.

Make sure your parents keep a copy of their letter, and send it Recorded Delivery - and see what happens.

If the company write back again, re-post and we'll look at the best way forward.

Most often though, if you make it clear you will not be intimidated, these bullies do what all bullies do, and mooch off to find a softer target.
just as a precaution we always take a couple of photos on mobe of the car parked in the correct position either off double yellow or within lines in the car park, and the ticket on display when parking, it only takes 30 secs to do this.then you have back up
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Thanks thusfar.....

1. They had no way of taking a photograph so are assuming that the Parking Company must have BUT of 'what' seeing as all 4 wheels were within the lines?
2. This 'offence' occurred in March *last year*; is it not time-limited?
A witness statement from council c.park asst would help.
I would assume that if it did proceed to court then they would have to provide a photo of said car outside of the lines somewhere and if your parents says it was within then they won't be able to show such a photo will they.
If it happened last year 2015, then ignore it. I've had a couple over the past couple of years, nothing has ever come of them. They keep sending letters, threatening solicitors and then court but nothing. Don't acknowledge them, they will get fed up and stop.

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