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Hi
I need some urgent help to complete my defence for a County Court Claim I received on 25/11/2020 dated 23/11/2020 regarding a Parking Charge from claimant Premier Parking Logistics.
PoC:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXX at St Johns Car Park
2. The PCN details are 11/10/2019, 9XXXX3 (no time stated)
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN(s)
4. The Driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The contract entitles C to damages AND THE CLAIMANT CLAIMS:
1. £160.00 being the total sum of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1994 from that date hereof at a daily rate of £0.04 until judgment or sooner
3. Costs and court fees
Amount Claimed: £174.18
Court fee: £25.00
Legal representatives: £50.00
Total: £249.18
The Letter of Claim states the PCN issue date but no time, the reason no ticket and the location St John’s Car Park however if they mean St John’s Car Park in Harborne there are two car parks East and West.
I am pretty sure that on 11/10/2019 my then boyfriend drove me in my car so I could meet up with a couple of my friends at the Brewers Social in Harborne just before 6pm. He drove as I was unable to drive due to a knee injury. He parked in St John’s Car Park East at the back of the pub so I didn’t have to walk far on my crutches then he dropped off some clothes for me at the charity shop nearby, before leaving. The most time he must have been parked was 10 mins. Neither of us saw any signs and I was never aware of any fine.
I then received a Legal Recovery Action letter dated 23/01/20 from a Debt Recovery company DCBL Ltd, which stated that I had failed to pay them £160.00. The letter did not say what this was for so I presumed it was probably a hoax. However, I rang them up just to check and asked for the details to be sent to my email address.
I had no further correspondence until the Letter of Claim which was sent on 12/10/2020. I did not receive this or the County Court Claim until 26/11/2020 after returning home from self-isolating with my current boyfriend.
Therefore:
I was not the driver
I did not have a PCN
I didn’t receive a NTK
I Have:
Been to the Car Park and there is a sign as you enter to the left of the car park but it could be obscured by vans or lorries as it is situated in front of one of the bays. It has a lot of wording taped over and doesn’t have the name or details of the claimant PPL or any contract details as alleged in the PoC. It looks the same as Google time line March 2019 - I have uploaded photo.
Acknowledged the claim and have until 23/12/20 to submit my Defence – does this need to be emailed by 21st Dec?
Sent a SAR to The PPL and a CPR 31.14 request to DCBL using your standard template requesting:
1. The issued PCN.
2. The Contract/Signage
3. Drivers agreement to pay within 28 days
4. The requests for payment
Had an email from PPL requesting vehicle reg and a form of identification to confirm my identity.
DCBL have replied by letter stating that at this stage as a claim has been issued they are not obliged to provide documentation unless ordered by the court. This means I am uncertain of all the details they have to be able to put forward a defence!
I have sent an email stating they are obliged to provide the information as the claim has not yet been allocated to track.
I would be very grateful if someone could advise me on how to set out my Defence as the deadline is fast approaching.
I need some urgent help to complete my defence for a County Court Claim I received on 25/11/2020 dated 23/11/2020 regarding a Parking Charge from claimant Premier Parking Logistics.
PoC:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge(s) issued to vehicle XXXX at St Johns Car Park
2. The PCN details are 11/10/2019, 9XXXX3 (no time stated)
3. The PCN(s) was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the contract), thus incurring the PCN(s)
4. The Driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests, the PCN(s) is outstanding. The contract entitles C to damages AND THE CLAIMANT CLAIMS:
1. £160.00 being the total sum of the PCN(s) and damages.
2. Interest at a rate of 8% per annum pursuant to s.69 of the County Courts Act 1994 from that date hereof at a daily rate of £0.04 until judgment or sooner
3. Costs and court fees
Amount Claimed: £174.18
Court fee: £25.00
Legal representatives: £50.00
Total: £249.18
The Letter of Claim states the PCN issue date but no time, the reason no ticket and the location St John’s Car Park however if they mean St John’s Car Park in Harborne there are two car parks East and West.
I am pretty sure that on 11/10/2019 my then boyfriend drove me in my car so I could meet up with a couple of my friends at the Brewers Social in Harborne just before 6pm. He drove as I was unable to drive due to a knee injury. He parked in St John’s Car Park East at the back of the pub so I didn’t have to walk far on my crutches then he dropped off some clothes for me at the charity shop nearby, before leaving. The most time he must have been parked was 10 mins. Neither of us saw any signs and I was never aware of any fine.
I then received a Legal Recovery Action letter dated 23/01/20 from a Debt Recovery company DCBL Ltd, which stated that I had failed to pay them £160.00. The letter did not say what this was for so I presumed it was probably a hoax. However, I rang them up just to check and asked for the details to be sent to my email address.
I had no further correspondence until the Letter of Claim which was sent on 12/10/2020. I did not receive this or the County Court Claim until 26/11/2020 after returning home from self-isolating with my current boyfriend.
Therefore:
I was not the driver
I did not have a PCN
I didn’t receive a NTK
I Have:
Been to the Car Park and there is a sign as you enter to the left of the car park but it could be obscured by vans or lorries as it is situated in front of one of the bays. It has a lot of wording taped over and doesn’t have the name or details of the claimant PPL or any contract details as alleged in the PoC. It looks the same as Google time line March 2019 - I have uploaded photo.
Acknowledged the claim and have until 23/12/20 to submit my Defence – does this need to be emailed by 21st Dec?
Sent a SAR to The PPL and a CPR 31.14 request to DCBL using your standard template requesting:
1. The issued PCN.
2. The Contract/Signage
3. Drivers agreement to pay within 28 days
4. The requests for payment
Had an email from PPL requesting vehicle reg and a form of identification to confirm my identity.
DCBL have replied by letter stating that at this stage as a claim has been issued they are not obliged to provide documentation unless ordered by the court. This means I am uncertain of all the details they have to be able to put forward a defence!
I have sent an email stating they are obliged to provide the information as the claim has not yet been allocated to track.
I would be very grateful if someone could advise me on how to set out my Defence as the deadline is fast approaching.
Attached Files
