County Court claim for unpaid pcn

[ostell]

Re: County Court claim for unpaid pcn

What have the management company said about the charge on their prinipal's land? Your defence is that you are the freeholder and there is no contract with the parking company and they are acting without authority

You will be counterclaiming for the misuse of your personal data

[Bellarose]

Re: County Court claim for unpaid pcn

That defence is great thankyou Charity NJW. I’ve edited a bit to suit me but the wording is great and just what I was after! I shall submit and let you all know the outcome! Thanks so much. In the meantime would you contact the solicitors at all or just leave it up to the court with my defence ? Ie i have denied all that has been accused and asked for proof in their full claim so shall I just wait to see what they come back with?

- - - Updated - - -

Thanks Ostell. I have had no contact with the management company. I am not the free holder. We were visitors. But our friends who live there regularly get tickets. Which the ignore. Strangely ours has gone to county court claim. Would you make a counter claim? Is it worth it? How do I do that? Same time as I submit my defence ?

[ostell]

Re: County Court claim for unpaid pcn

I believe the counterclaim is done at the same time as the defence. Breaches of the DPA have ben claimed at £300 - £700

Here's one case and another though there are several around. You have to be sure of your facts and if you were parking on your friends land then that looks a possible. Court cost has already been paid by the PPC, unless they withdraw.

[Bellarose]

Notice of proposed allocation to small claims track

Hi guys I have posted previously with all the info leading up to this but can’t find my post.
I sent a defence for a county court claim, for a parking ticket, and now have received this. It’s aaking me to agree or disagree to mediation.
just wondering what I should do?
ive never heard of this before.
many thanks for reading and any advice gratefully received!
thanks!

[EXC]

Re: Notice of proposed allocation to small claims track

Hi guys I have posted previously with all the info leading up to this but can’t find my post.

[MENTION=109839]Bellarose[/MENTION] I've merged your threads. For future ref, to find any thread you've started or posted on just click 'Quick Links' on the light blue bar near the top of the page and select 'Subscribed Threads'.

To answer your question, mediation is a standard option in any allocation questionnaire. Generally speaking it does no harm to indicate that you agree to it at this stage and will only happen if the claimant agrees to it as well.

But @charitynjw would know best in the case of PCNs.

Mediation is simply a phone call or two that a mediator has individually with each party to see if an agreement can be reached before the case is listed for a hearing.

[charitynjw]

Re: County Court claim for unpaid pcn

Thanks @EXC

@Bellarose

I take it that you've received a Directions Questionnaire? (Form N180)

To mediate, or not to mediate.......?

Personally I would tick 'yes'.
Courts like to see a willingness to settle disputes out of court.
It is unlikely that parking cases are suitable for mediation, though I did see one recently where mediation was tried....to no avail (the parking co wouldn't budge, they insisted on the full amount, so were told in no uncertain terms to 'jog on'!)
I would look at it as a negotiating opportunity.....it is not mandatory & anything in it is usually 'without prejudice', so can't be used in court proper.

[Bellarose]

Re: County Court claim for unpaid pcn

Great thanks for your advice guys! I will let you know how I get on!
have a lovely Christmas everyone!