PCN Court claim details sent but...

[charitynjw]

Claim issued 08.03. plus 33 days means defence should have been filed and served by 10th April.

If you haven't already sent it in do so PDQ

Nicely spotted des8
That's the danger of posting across 2 (or more, sometimes) threads.
Important stuff gets overlooked.

[calex1965]

Greetings guys, i trust you are well?

Please see correspondence from QDRS below:


#"Enterprise Parking Solution Ltd -v- ***********
Claim Number: **********
Our Reference: **********

We write further to your email received on *********.

We are unable to discuss the matter further with you at this stage.

Please ensure you complete your Claim Response Pack and the issues raised will be addressed accordingly."#



The keeper had previously sent a photograph of the 'Acknowledgement of Service' form (signed with Option 1 ticked- i intend to defend all of this claim) within the requested timescale.
The keeper still has the paperbased one but the solicitors have acknowledged it had been received in photo form..

Does the keeper require to send the paperbased format..?


The keeper then received the requested SAR from QDS Solicitors which included:

1. A cd with a phone call recording with QDS, which involved a discussion and query over where to send any correspondence details to, (A name and address was mentioned to clarify identity at the start of the conversation, however the driver/keeper of the vehicle was not identified in any of the conversation.)
2. Screen shots of my account
3. A breakdown of account history
4. Copies of correspondences sent from third parties authorised on this matter
5. Copies of correspondence received from third parties authorised on this matter

However, QDS still have not sent any information requested to the keeper (as stated below)

1. Does the site signage fail the 'Beavis' test for 'prominence of terms' ( the alleged contractual amount for breach of contract.)

2. Could you confirm the exact period of parking? By virtue of Schedule 4, Protection of Freedoms act 2012

2. Could you confirm that the PCN is compliant with POFA regarding part 9 (2) e?

3. The keeper has requested and has still not received any proof of any signage on the two dates the PCNs were given by the claimant.


Re Car Park opening
I received the requested information from my workplace regarding this, however, the email merely mentioned that it was to be put in place on the 23rd September-this was the week before the keeper received the 1st ticket.
However the email was not very informative and there was no information stating when it was to open officially....

Hope this makes sense!
Cheers

[charitynjw]

Have you filed a defence yet? (With the court.)

[calex1965]

Hi,
No i havent filed anything for the court yet

[ostell]

If you haven't filed a defence then you've missed the 33 days from the date of issue by a long way. You could find that you have a judgement against you by default. Check MCOL to see the status of the claim, or phone up the court.

[calex1965]

Hi,
The keeper contacted the court, who were aware that the claim number was relevant . The keeper attempted to access the MCOL but had problems logging on.
However,The person at the court said the keeper could send an email confirming disputing of the claim.

[ostell]

***************

[charitynjw]

Hi,
The keeper contacted the court, who were aware that the claim number was relevant . The keeper attempted to access the MCOL but had problems logging on.
However,The person at the court said the keeper could send an email confirming disputing of the claim.

& have you done so?
Has it been accepted by the court?

[calex1965]

The keeper is still attempting to log on to the system, to see exactly what has been completed, prior to emailing. Again the system is not allowing the keeper to respond to claim, now displaying due to a server error....

[charitynjw]

The keeper is still attempting to log on to the system, to see exactly what has been completed, prior to emailing. Again the system is not allowing the keeper to respond to claim, now displaying due to a server error....

Why not phone them instead?

[calex1965]

the keeper did and was told alternatively to send an email...

[charitynjw]

the keeper did and was told alternatively to send an email...

Yes, it's annoying when you are kept hanging on or, worse, told that there's no-one available to take your call & then disconnects.
But you do to find out for certain whether your email has been accepted or not.

[calex1965]

Hi there,
Your assumptions were correct....
After 3 attempts on the phone and 4 attempts via email the keeper eventually spoke to a representative at MCOL. According to the account details,the keeper had originally responded to the claim but the 28 days had run out (due on April 10th) and the keeper would receive a letter in the post soon regarding a DEFAULT CCJ...

[charitynjw]

Hi there,
Your assumptions were correct....
After 3 attempts on the phone and 4 attempts via email the keeper eventually spoke to a representative at MCOL. According to the account details,the keeper had originally responded to the claim but the 28 days had run out (due on April 10th) and the keeper would receive a letter in the post soon regarding a DEFAULT CCJ...

Damn!
I feared as much.
The courts are hot on time limits nowadays.
https://www.lawgazette.co.uk/law/sol...061397.article

[calex1965]

Hi there,
I have now as expected, received a Judgement for claimant (Default)....any info would be great guys