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County Claim Form

County Claim Form

Postby uzair369 » Wed Feb 15, 2017 4:50 pm

Hi,

I went to Xercise4Less gym around 5-6 months ago for a 1 day pass having been once previously, the car park was free. This time, no member of staff even mentioned to register my car or anything else so after finishing, I came home and 3 days later, I had a parking ticket from SIP. I was so angry and upset that Xercise4Less did not advise or ask me to sign my car in. I called them and they said to ring SIP, so I did and they said to pay a small admin fee and that will be all.

I said I would not pay a single penny as it was not my fault and I should not have to pay. In the end, they said the matter is over. I have now after 3-4 months later received a letter stating Claim Form from County Court Business Centre asking me to pay £230!

This includes a £155 for parking and solicitor fees. What should I do as I should not have to pay anything? Someone said to ask for settlement but I am unsure?

PLEASE HELP!
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Re: County Claim Form

Postby flyingfish » Wed Feb 15, 2017 8:39 pm

Hi, just a quick reply to put this one on my radar so to speak. I'll dig out some information for you tomorrow.
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Re: County Claim Form

Postby flyingfish » Sat Feb 18, 2017 11:38 am

Hi,
Sorry for the delay. What does the "Particulars of Claim" state, and do they provide any explanation of how the £155 and overall £230 are derived? More background, are you the registered keeper, and did any of your correspondence so far indicate who was driving at the time (don't say who was driving here either).

Regarding a defence, see if you can check out signage at the car park, do you think it could be claimed that it was unclear and therefore likely that "the driver" wasn't made aware of the terms? If so then get some photos to support that, and it becomes one of your defence points.

Separately, the staff at the gym had the opportunity (I'd even say a duty) to draw customers' attention to the terms and conditions, but did not do so.

Another point, "the driver" was entitled to park there as they were a legitimate customer using the car park for the intended purpose. No loss was caused to the landholder or to the parking company by their parking. They were not inappropriately occupying a space at the expense of other customers.

Maybe something under POFA as well but only if they are pursuing the Registered Keeper as such, and their paperwork does not comply, and you've not disclosed the identity of the driver in prior correspondence.
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