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3K PCN court claim from private parking company

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  • #16
    Originally posted by A.L View Post
    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

    Comment


    • #17
      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

      Comment


      • #18
        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

        Comment


        • #19
          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

          Comment

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          SHORTCUTS


          First Steps
          Check dates
          Income/Expenditure
          Acknowledge Claim
          CCA Request
          CPR 31.14 Request
          Subject Access Request Letter
          Example Defence
          Set Aside Application
          Directions Questionnaire



          If you received a court claim and would like some help and support dealing with it, please read the first steps and make a new thread in the forum with as much information as you can.





          NOTE: If you receive a court claim note these dates in your calendar ...
          Acknowledge Claim - within 14 days from Service

          Defend Claim - within 28 days from Service (IF you acknowledged in time)

          If you fail to Acknowledge the claim you may have a default judgment awarded against you, likewise, if you fail to enter your defence within 28 days from Service.




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