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Hi all, I need help with my defence form.
I have acknowledged the claim on the moneyclaim.gov.uk by ticking "I intend to defend all of this claim" as I believe the pcn claim made against me is not fair.
I have until 25/10/22 untill my acknowledgment period runs out.
please advice me on how I should respond to this claim:
Claimant - NATIONAL CAR PARKS LIMITED
Claimant Legal Representative - BW LEGAL
The Claim is for the of £354.90 being due from Defendant in respect of 2 Parking Charge Notices for contractual breaches which occurred between 05/10/2021 and 08/10/2021 on private land operated and managed by the Claimant in relation to a vehicle with registration xxxxxxx. The land is privately owned and the claimant operates and enforces a parking management scheme. The Defendant is believed to be responsible for the vehicle when the contractual breaches occurred. Despite demands, the charges remain unpaid. The Claim also includes Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8% per annum (a daily rate of £0.07) from 05/10/2021 to 26/09/2022 being an amount of £24.90. The Claim also includes £140.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code Practice.
How the PCN took place: I parked my car in a paid shopping car park (which I paid the parking fee upon entering the car park) and parked my car between white lined parking bay and unmarked wide space next to shopping trolley shelter. I parked in the same space two days in a row and I was not served physical PCN on my car but at a later date I received two separate PCN which said I was causing an abstraction. In my opinion I was not causing any abstraction to anyone as I parked in the corner.
However I felt that I had done something wrong maybe and responded to the PCN admitting my fault and requested a one off cancelation. Luckily my appeal was accepted but to only one of the PCNs and in the cancellation email they requested that I pay one off admin fee of £10 and when I tried to pay for it there was error message coming up with the payment. So I emailed them second time notifying them of the issue with the payment and also requesting for the second PCN to be included within the cancellation letter.
Since then I did not hear from them for a long time and I thought both PCN have been cancelled. However the case was passed on to BW Legal to claim the fee which went from £60 to £170 each.
Please help me on how I should put this across in my defence letter and any advise whether I have a chance of winning this?
Thank you so much in advance for any advice!
I have acknowledged the claim on the moneyclaim.gov.uk by ticking "I intend to defend all of this claim" as I believe the pcn claim made against me is not fair.
I have until 25/10/22 untill my acknowledgment period runs out.
please advice me on how I should respond to this claim:
Claimant - NATIONAL CAR PARKS LIMITED
Claimant Legal Representative - BW LEGAL
The Claim is for the of £354.90 being due from Defendant in respect of 2 Parking Charge Notices for contractual breaches which occurred between 05/10/2021 and 08/10/2021 on private land operated and managed by the Claimant in relation to a vehicle with registration xxxxxxx. The land is privately owned and the claimant operates and enforces a parking management scheme. The Defendant is believed to be responsible for the vehicle when the contractual breaches occurred. Despite demands, the charges remain unpaid. The Claim also includes Statutory interest pursuant to section 69 of the County Court Act 1984 at a rate of 8% per annum (a daily rate of £0.07) from 05/10/2021 to 26/09/2022 being an amount of £24.90. The Claim also includes £140.00 recovery costs as set out in the Terms and Conditions and in the ATA AoS Code Practice.
How the PCN took place: I parked my car in a paid shopping car park (which I paid the parking fee upon entering the car park) and parked my car between white lined parking bay and unmarked wide space next to shopping trolley shelter. I parked in the same space two days in a row and I was not served physical PCN on my car but at a later date I received two separate PCN which said I was causing an abstraction. In my opinion I was not causing any abstraction to anyone as I parked in the corner.
However I felt that I had done something wrong maybe and responded to the PCN admitting my fault and requested a one off cancelation. Luckily my appeal was accepted but to only one of the PCNs and in the cancellation email they requested that I pay one off admin fee of £10 and when I tried to pay for it there was error message coming up with the payment. So I emailed them second time notifying them of the issue with the payment and also requesting for the second PCN to be included within the cancellation letter.
Since then I did not hear from them for a long time and I thought both PCN have been cancelled. However the case was passed on to BW Legal to claim the fee which went from £60 to £170 each.
Please help me on how I should put this across in my defence letter and any advise whether I have a chance of winning this?
Thank you so much in advance for any advice!
