3K PCN court claim from private parking company

[des8]

Is it better I don't mention about the parking is free sign as I supposed that means I was the driver?
But you haven't admitted in the defence that you were the driver,
Having received the claim you could have visited the site to ascertain the position.
Obviously if asked directly in court by the judge (unlikely) you cannot deny being the driver, but it is for the claimant to prove on the balance of probabilities

Is it worth mentioning about the no proof of delivery for the notifying letters? So letters may not have been received or could've been delayed
No, as if the item is posted it is assumed, unless the contrary is proved, to have been delivered.

I have also just noticed that the Issue dates on some of initial PCN letters are over a month from the incident date. For example Issue date 19/09/2024 and incident date 26/4/2024. Does that help the defence in anyway?

That is why I requested early on that you post up copies of the Notice to Keeper
You need to add to your defence under Keeper liability section where there is mention of PCNs not complying with with the conditions required by POFA 2012, that in particular the claimant failed to deliver certain NTKs within the relevant period as mandated in Schedule4 para 9 (4) (5) & (6)

It could be that there are other errors in your favour, so suggest you read the relevant act and compare the NTK with the rules. You'll have to be careful as you don't know how many of those NTKs are inaccurate

[A.L]

Thank you. I have submitted the defence. I had to summarise a little so that it fitted into the 122-line requirement online. Will keep you posted. Thank you

[A.L]

Hi again, DCB left a voicemail on my phone, I believe to reach a settlement. Should I call back or ignore? What are they likely to say if i call?

Thanks

[des8]

Possibly was DCB Legal hoping to reach an agreement.

I would advise against phoning them, but respond with an email telling them that all communications, even those "without prejudice", should be in writing.

It is all to easy in verbal discussions to make an error or agree to terms which later one regrets

[A.L]

Hi again, I received an email about the settlement, here are the main details:

WITHOUT PREJUDICE SAVE AS TO COSTS



We write to you in relation to the above matter.



To assist the Court in achieving its overriding objective, our Client may be prepared to settle this case. I can confirm our Client would be agreeable to £2000.00 in full and final settlement of this Claim. The current outstanding balance is £2859.40.

　　　

Should you be agreeable to this offer, please confirm the same within 7 days. Payment can be made via our website www.dcblegal.co.uk, by calling our office on 0203 838 7038 or via bank transfer:　
Upon receipt of the settlement sum of £2000.00 we will update the Court that the matter has been settled. If you are not agreeable, we will continue to follow the Court process as normal.


Not sure what the best way to respond is? What happens if I reject?

Thanks

[des8]

If you decline to negotiate they will probably continue with the claim.
This is a numbers game for them, but in your case the prize if they win is much better than the normal £200 - £300

If they win they should not obtain an award higher than £1500 +solicitor's fee £50 plus court costs £85.(read the 2 sections of your defence which deal with recovery of costs)
If you want to negotiate go back with a counter offer, below the amount you are prepared to pay

On the other hand IMO you have a good defence and should win if it ever reaches court. However small claims track is a bit of a lottery and nothing is 100% certain

There is also the chance they will discontinue the claim anyway, and so are now trying to negotiate a payment of any amount!

[A.L]

Thanks for your response, I was thinking of just saying to them that I would only be willing to consider paying the cost of one parking ticket (I believe £100). I am confident if they do decide to continue the claim and willing to take my chances with the possibility of them discontinuing. I will respond to them tomorrow.

[A.L]

Hi there I received this email this morning, is there anything I need to include on the form specifically? What will happen from here?


Having reviewed the content of your defence, we write to inform you that our client intends to proceed with the claim.



In due course, the Court will direct both parties to each file a directions questionnaire. In preparation for that, please find attached a copy of the Claimant's, which we confirm has been filed with the Court.



Without Prejudice to the above, in order to assist the Court in achieving its overriding objective, our client may be prepared to settle this case - in the event you wish to discuss settlement, please call us on 0203 434 0433 within 7 days and make immediate reference to this correspondence.



If you have provided an email address within your Defence, we intend to use it for service of documents (usually in PDF format) hereon in pursuant to PD 6A (4.1)(2)(c). Please advise whether there are any limitations to this (for example, the format in which documents are to be sent and the maximum size of attachments that may be received). Unless you advise otherwise, we will assume not


Thanks
Aly

[des8]

Did you try making an offer to settle?
If you do negotiate with them, be sure to mark the correspondence "without prejudice".

Completing the N180 form is fairly straight forward.
Small claims track ..yes
You want a hearing as there are points of fact in dispute e.g. the signage
Yes to mediation
Hearing at defendant's home court
No expert
one witness

The court will arrange mediation.
This is by phone, the parties speaking only to the mediator

If that fails eventually the court will issue directions regarding witness statements and a court hearing

[A.L]

Hi there,

I have not yet filled out the N180 form, there is no mention of time limit and on the gov website it says "A court will send the form to the claimant and defendant if they are not using a legal representative." Should I wait to receive the form?

Section D1 on the form, should I tick "No" as you mention I should want a hearing? (They have ticked "yes")

I have attached their form which they emailed to me.

I have also been posted a second claim form, relating to 5 charges from 21st - 31st May this year at the same car park, any guesses why they have done those separately? The other claim was for 5th April - 19th May this year. I have attached the claim form.

I will do the acknowledgement of service again, but I assume I just need to go through the same process of things again.

I have attached also a parking notice from 17th April, with the issue date being 16th September. As you can see, there is no Photo evidence provided on the notice, does this invalidate?

Also I have attached a letter of claim from DCB legal. They say "Payment was due within 28 days of the PCN being issued", can I argue that they were not received within 28 days.


Thank you

[des8]

Will respond tomorrow

[des8]

Hi there,

I have not yet filled out the N180 form, there is no mention of time limit and on the gov website it says "A court will send the form to the claimant and defendant if they are not using a legal representative." Should I wait to receive the form?
Up to you, but I would wait until I heard from the court. But chase it up if heard nothing after 6 weeks

Section D1 on the form, should I tick "No" as you mention I should want a hearing? (They have ticked "yes")
Correct

I have attached their form which they emailed to me.

I have also been posted a second claim form, relating to 5 charges from 21st - 31st May this year at the same car park, any guesses why they have done those separately? Possibly CEL sending info in batches The other claim was for 5th April - 19th May this year. I have attached the claim form.

I will do the acknowledgement of service again, but I assume I just need to go through the same process of things again.
Yes, but if posting about this in future can you start a separate thread to avoid confusion?
Might be worth asking ask DCBL to apply to amend first claim to include this one

I have attached also a parking notice from 17th April, with the issue date being 16th September. As you can see, there is no Photo evidence provided on the notice, does this invalidate?
Please start a new thread about this incident

Also I have attached a letter of claim from DCB legal. They say "Payment was due within 28 days of the PCN being issued", can I argue that they were not received within 28 days. But that will not cancel the alleged debt so not much point


Thank you

Response in red

[A.L]

Thanks for your response, the form came through and I have just filled out. (has to be filed by 30th dec).

They said it's because the notices are sent in batches so you are correct.

The notice of 17th April i was referring to is part of this claim, I was just using as an example.

Thank you

[A.L]

Hi there

Just mentioning I had a mediation call - I decided to agree on a settlement as I don't want this to drag with so many stressors in life already - agreed on £750. I know it's not great especially as these companies don't deserve a penny but I don't have the time or the energy to keep it going. Maybe I could've agreed on a lower settlement - my initial £500 was rejected.

I just wanted to thank you for your help and guidance on this. I am 23 and never dealt with anything like this before so I appreciate your help. Thank you

[des8]

claim for nearly £3000 settled at £750... a partial win, and if it saves you the stress and losing a day of work/holiday to attend court it's not all bad.

Thanks for the update.