PCN October 2011

[Merlin77]

Hello as advised by other forums have ignored every letter from Graham White Solicitors and BW Legal right up until today and have received a Claim Form / Claimant Excel Parking. On the right hand side it says in the County Court Business Centre. A claim No. and issue date. So is this a letter before claim (LBC) where I have to write a robust letter telling BW Legal to stop hassling me as the PCN was before October 2012 ? I was told to write to them stating I was not the person driving the car etc but don't know if this is the LBC or not. Please advise��
Thank you.

[charitynjw]

Re: PCN October 2011

Hi Merlin77 & welcome to LB.

To me it sounds like a legit County Court claim....you can check this by either phoning the court or by going onto Money Claim On Line.
If it is, you would be wise to acknowledge it asap (details on claim form), otherwise you risk a default judgement.

[Merlin77]

Re: PCN October 2011

So where I was told to write and tell them they have no right to hassle me because the PCN was before 2012 would this be the right thing to do I am still not sure now there is so much confusing advice.

[mystery1]

Re: PCN October 2011

If, as it sounds to me, this is an actual claim then you need to file acknowledgement of service with the court. This givens a total of 33 days from the date on the form to gather facts/information and file a defence.

If the court papers are addressed to the registered keeper and they were not the driver that should be ample to win.

http://nebula.wsimg.com/ab774da5f40c...&alloworigin=1 (judgement)

http://nebula.wsimg.com/f7343eab2d06...&alloworigin=1 (transcript (i.e. what was said in court by both parties and the judge which allowed the judge to reach the above judgement))

M1

[Merlin77]

Re: PCN October 2011

So i still don't know what to do really, should i write a letter with one of the templates that are suitable for my case stating i was not the driver and as the PCN was before, 2012 they have no right to process my data etc. It's only stuff i have read i don't know enough really. Will i have to actually go to court? This is worrying me to death now i wish i had paid it when it started.

[ostell]

Re: PCN October 2011

The claim form you received is from the actual court. On the form is a password to allow you to sign in to the court website. Sign in and acknowledge the receipt of the claim form, You must do this otherwise you could lose by default. This gives you about 33 days from the date of issue to send a defence statement into the court. Do not put anything at all into the defence, the forum will help with this.

Sending a letter at this stage will have no effect, you need to follow the court procedures.

You may have to go to court but it's not all wigs and gowns and a large imposing room, it's usually a small room in the court house, your local one.

[Merlin77]

Re: PCN October 2011

Thank you again for your reply but when i log in etc and acknowledge the receipt of the claim form of it asks me anything else i wont know what to say. What do i do with these forms i have here now as it asks if i dispute the claim which i do as i disagree with the PCN as i was not the driver and this was before 2012 so where do i get to say this? so how do they have a case against me because although i was the registered keeper of the car i was not the driver.
Thank you again.

[ostell]

Re: PCN October 2011

You don't say anything other than acknowledge the claim and tick the box you are disputing all of the claim. NO WORDING OR ANYTHING ELSE. This will be submitted to the court within the 28 days allowed from the date of service.

Legislation, POFA, introduced in October 2012, allowed the keeper to made liable if the driver was not known. As this occurred before that time they have to show who was driving and not just assume that it was the keeper. They are just pushing their luck really in the hope that people don't know better.

So just acknowledge and dispute all the claim. Nothing else to be added.

[Merlin77]

Re: PCN October 2011

Thank you so much

[Merlin77]

Re: PCN October 2011

Hello me again, so i have to register first to get an ID using my own password on the MCOL website then once i log in with that i go to the Court website and then use the password on the form? Do i need to do anything with these forms through the post as well?

[Merlin77]

Re: PCN October 2011

You don't say anything other than acknowledge the claim and tick the box you are disputing all of the claim. NO WORDING OR ANYTHING ELSE. This will be submitted to the court within the 28 days allowed from the date of service.

Legislation, POFA, introduced in October 2012, allowed the keeper to made liable if the driver was not known. As this occurred before that time they have to show who was driving and not just assume that it was the keeper. They are just pushing their luck really in the hope that people don't know better.

So just acknowledge and dispute all the claim. Nothing else to be added.

Hello
Thanks for your reply but the wording on the forms are slightly different to what is said
on the forums regarding the ticking the box where it says on the first one:
1. I intend to defend all of this claim.
2. I intend to defend part of this claim.
3. I intend to contest jurisdiction.

So will the website be the same? the issue date on the form is 9th March.
I don't want to click on the wrong box.

Where on the form it says 'I intend to defend all of the claim' and you say
'disputing all of the claim' so this is the same obviously.
Will do this in the morning as I have a broken wrist and my arm in plaster
so find this very painful at the moment. Just worried I don't click on the
wrong box.
Thank you again.

Thank you again

[Merlin77]

Re: PCN October 2011

Hello
Just had another letter this morning from BW Legal titled NOTICE OF COUNTY COURT CLAIM ISSUED saying that they have now issued legal proceedings in the form of a county court claim which you will shortly receive directly from Northampton County Court as you have failed to make repayments on your above account.
Then is offers me all kinds of ways to pay the amount if I wish etc.
What I forgot to mention to you was that I have two of these PCN's as it happened twice, so does this make any difference to what you have told me to do above?
Is this the letter I was waiting for the LBC?
Thank you

[mystery1]

Re: PCN October 2011

Hello me again, so i have to register first to get an ID using my own password on the MCOL website then once i log in with that i go to the Court website and then use the password on the form? Do i need to do anything with these forms through the post as well?

No. It's either use the forms OR do it it online.

- - - Updated - - -

Hello
Just had another letter this morning from BW Legal titled NOTICE OF COUNTY COURT CLAIM ISSUED saying that they have now issued legal proceedings in the form of a county court claim which you will shortly receive directly from Northampton County Court as you have failed to make repayments on your above account.
Then is offers me all kinds of ways to pay the amount if I wish etc.
What I forgot to mention to you was that I have two of these PCN's as it happened twice, so does this make any difference to what you have told me to do above?
Is this the letter I was waiting for the LBC?
Thank you

Check the reference numbers, dates and times and you should be able to tell if they are different or the same.

M1

[Merlin77]

Re: PCN October 2011

Thankyou, yes they are on 2 separate occasions 1 PCN 2 weeks after the other.

[Merlin77]

Re: PCN October 2011

Please help i am registering with the MCOL the first you're box was to acknowledge the device so clicked on that it takes me to a page where i have to give personal details like address etc but the other link to say i dispute all was on first page so where do i get that back to click on i dispute all?