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County Court Claim for an unpaid PCN

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  • County Court Claim for an unpaid PCN

    Hi Guys,

    I need some advice. I have a county court claim for an unpaid PCN and i want to fight it as i think its unfair and disgusting how they prey on people. I have 6 days to respond but i'm not sure where to start.

    The particulars of the claim are:

    The Driver of the vehicle with registration ****** parked in breach of the terms of parking stipulated on the signage (the contract) at ........on 17/03/2018 thus incurring the parking charge (PCN). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite the demands being made, the defendant has failed to settle their outstanding liability. The claimant claims £100 for the PCN, £60 contractual costs pursuant to the contract and the PCN terms and conditions, together with the statutory interest of £10.99 pursuant to the s69 of the county courts act 1984 at 8.00% per annum, continuing at £0.04 per day.

    any help will be much appreciated.

    best regards,
    Dan.
    Tags: None

  • #2
    So acknowledge the claim using the details and password on the form. Nothing in the defence. This gives you 33 days from the date of issue to get you defence to the court.

    If you've got the PCN then post it up, redacted, but leave the dates.

    SAR to the parking company requesting all the information they have about you

    From the solicitor request all the documents that they intend to use in the case, within 7 days as they must have them to hand to prepare the claim

    Comment


    • #3
      In addition to ostell post above

      Who are the parking co & their sols?

      Did you receive a letter before claim in the month or so leading up to the court claim
      CAVEAT LECTOR

      This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

      You and I do not see things as they are. We see things as we are.
      Cohen, Herb


      There is danger when a man throws his tongue into high gear before he
      gets his brain a-going.
      Phelps, C. C.


      "They couldn't hit an elephant at this distance!"
      The last words of John Sedgwick

      Comment


      • #4
        Originally posted by ostell View Post
        So acknowledge the claim using the details and password on the form. Nothing in the defence. This gives you 33 days from the date of issue to get you defence to the court.

        If you've got the PCN then post it up, redacted, but leave the dates.

        SAR to the parking company requesting all the information they have about you

        From the solicitor request all the documents that they intend to use in the case, within 7 days as they must have them to hand to prepare the claim

        Thank you for this. I dont have the PCN is that going to be an issue? Do i contact them solicitors and the parking company directly or do i contact them via the claim somehow?

        thanks,
        Dan

        Comment


        • #5
          Originally posted by charitynjw View Post
          In addition to ostell post above

          Who are the parking co & their sols?

          Did you receive a letter before claim in the month or so leading up to the court claim
          Hi,

          It was UK Car Park Management Limited and Gladstones Solicitors

          Yes i did receive a letter.

          Best regards,
          Dan.

          Comment


          • #6
            As advised SAR to the parking company and a letter to the solicitor

            Comment


            • #7
              Can you also post up a pic of the actual car park sign?

              That forms the basis of the contract between the parking co & the driver.
              & the parking co often c*ck up the T&Cs!
              CAVEAT LECTOR

              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

              You and I do not see things as they are. We see things as we are.
              Cohen, Herb


              There is danger when a man throws his tongue into high gear before he
              gets his brain a-going.
              Phelps, C. C.


              "They couldn't hit an elephant at this distance!"
              The last words of John Sedgwick

              Comment


              • #8
                Originally posted by charitynjw View Post
                Can you also post up a pic of the actual car park sign?

                That forms the basis of the contract between the parking co & the driver.
                & the parking co often c*ck up the T&Cs!
                Im struggling to resize the photos, can do you know how to do this lol. I have no idea how.

                Comment


                • #9
                  Are you doing photos with your phone ? If so, screenshot the photo - makes it the right size to upload ... otherwise email them admin@legalbeagles.info and I'll sort it
                  “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                  Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                  Comment


                  • #10
                    Originally posted by Amethyst View Post
                    Are you doing photos with your phone ? If so, screenshot the photo - makes it the right size to upload ... otherwise email them admin@legalbeagles.info and I'll sort it
                    Thanks, just emailed you

                    Comment


                    • #11
                      Some slightly bashed up signages...

                      Click image for larger version  Name:	2019-03-14 10_12_55-Start.png Views:	1 Size:	920.5 KB ID:	1455481
                      Click image for larger version  Name:	2019-03-14 10_13_08-Start.png Views:	1 Size:	703.1 KB ID:	1455482
                      I wonder how you would go about seeking further advice from CPM ? Write to their PO Box number and wait for a reply before parking ?

                      Are they allowed to charge £1.50 card processing fees ?
                      and didn't 0845 numbers die some time ago ? ( their website says the number is 0345 now anyway )
                      “We may not win by protesting, but if we don’t protest we will lose. If we stand up to them, there is always a chance we will win.” Hetty Bower

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

                      Find Solicitors offering fixed fees on our sister site - JustBeagle.com

                      Comment


                      • #12
                        Originally posted by charitynjw View Post
                        Can you also post up a pic of the actual car park sign?

                        That forms the basis of the contract between the parking co & the driver.
                        & the parking co often c*ck up the T&Cs!
                        Pictures below

                        Comment


                        • #13
                          Ok, imho the signs are rubbish......unfortunately it's not my opinion that counts, it's the judge's.

                          Have you sent the SAR?

                          But don't miss the deadline for filing your defence.....you can just say (among other stuff) that you've sent a SAR & you're awaiting a response.
                          CAVEAT LECTOR

                          This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                          You and I do not see things as they are. We see things as we are.
                          Cohen, Herb


                          There is danger when a man throws his tongue into high gear before he
                          gets his brain a-going.
                          Phelps, C. C.


                          "They couldn't hit an elephant at this distance!"
                          The last words of John Sedgwick

                          Comment


                          • #14
                            Originally posted by charitynjw View Post
                            Ok, imho the signs are rubbish......unfortunately it's not my opinion that counts, it's the judge's.

                            Have you sent the SAR?

                            But don't miss the deadline for filing your defence.....you can just say (among other stuff) that you've sent a SAR & you're awaiting a response.
                            Not yet will send the SAR today.

                            do i build my defense around that? are you able to advise on my defense if possible?

                            Thanks,
                            Dan.

                            Comment


                            • #15
                              Originally posted by DanRus View Post

                              Not yet will send the SAR today.
                              Good!

                              do i build my defense around that?
                              We'll take a look.

                              are you able to advise on my defense if possible?
                              Yep!

                              Thanks,
                              Dan.
                              No probs.
                              CAVEAT LECTOR

                              This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                              You and I do not see things as they are. We see things as we are.
                              Cohen, Herb


                              There is danger when a man throws his tongue into high gear before he
                              gets his brain a-going.
                              Phelps, C. C.


                              "They couldn't hit an elephant at this distance!"
                              The last words of John Sedgwick

                              Comment

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