County court claim for PCN

[Ry0905]

Hi ive recieved a county court claim can someone help. Thanks

[MIKE770]

ostell

[ostell]

Ignore has not been the advice sing 2012. That being said can you post up the initial letter your received from the parking company. Edit your post so taht the identity of the driver cannot be inferred. The driver drove and parked, the keeper received the letter and is handling.

[Ry0905]

I must have read old post :-(. Here is what the original letter said exactly


PARKING CHARGE NOTICE (PCN) IN BURY BL9 6LL

on 25 september 2019 the above vehicle was parked at:
CAR PARK AT 166-182 WARMERSLEY ROAD BURY BL9 6LL

FROM: 25/09/2019 09:05. TO: 25/09/2019 10:49

we therefore require payment of this parking charge notice. In accordance with the parking terms and conditions clearly stated on the signage

MAXIMUM 40 MINUTES FREE PARKING

ammount due within 28 days £100
Reduced ammount if paid within 14 days £60

(2 PICTURES OF MY CAR HERE)

Failure to pay the ammount due within 28 days of the issue date may result CIVIL ENFORCEMENT LTD(THE CREDITORS) forwarding your account to a dept recovery agency and you may incure additional costs.




Then down the side is details of my car and pcn ref number.

[ostell]

So you have paraphrased the letter So as requested post it up, both sides, redacted but leave dates.. Suggest using hosting site such as imgur and post the link on here

And edit as requested.

[Ry0905]

I wrote exactly as it was on the form. Ive added an edited picture. Thanks for responding

[Ry0905]

The back sheet is blank.

[ostell]

Where is the edit that was requested? Or how to pull defeat from the jaws of victory.

Acknowledge the claim using the details and password on the form but nothing in the defence.

compare your notice with the requirements of pragraph 9 of POFA. https://www.legislation.gov.uk/ukpga...dule/4/enacted and see what they have missed from the statements required to hold the keeper liable. If they know the identity of the driver then all bets are off.

Write your defence and put on here for critique. List why they can't hold the keeper liable.

You have the lesser of 28 days from the the acknowledgement or 33 days from the date of issue to get your defence to court.

[Ry0905]

So they have to have all the things listed on this link on the page? And when you say if they know the driver all bets are off? Does this mean if they have a picture of me driving? Sorry for coming across a little slow. Im not the best at understanding stuff.

So what are my options?

[ostell]

You are doing your best to identify the possible driver!!

9 (2) begins "The notice must". If it's not there then they can't hold the keeper liable.

They use ANPR and no picture of the driver. Even if they did then how are they going to put a name to the face?

Your options are pay or put in your defence

[Ry0905]

Ok i will read all of paragragh 9 and see if they missed anything, and write in here what ive noticed they missed.

Will it end up going to court if i get a good defence?

Thanks for helping me.

[ostell]

It will only get cancelled if the solicitor chickens out or you pay.

The companies have been known to use print outs from forums in court. It's your choice before the chance to edit is lost

[Ry0905]

Oh i understand what you mean now, how do i edit the original post? I cant seem to find the button for it. Sorry

[ostell]

It's toward the right on the blue bar at the bottom of your posts.

[Ry0905]

Im strugling to understand all that paragragh, can i re send the pics again, ill try get better copys. Also there is something on the back, i was looking at the wrong sheet. Pics to follow