Parking Charge Notice reached Court

[GiantPanda]

Re: Parking Charge Notice reached Court

Ok so after reading http://parkingfine-appeals.co.uk/kee...ity-explained/ and the original letter sent to me. They are missing 2 things from thier letter. The period the car was parked has not been stated in the letter and no offer of discount if paid within 14 days. But doesn't the fact that i have already paid £40 mean that i have already claimed liability for the PCN?

[GiantPanda]

Re: Parking Charge Notice reached Court

My defense was poorly written and looks more like a rant i think.... i do regret not asking for help on here before writing it and hope that i haven't cornered myself.

[ostell]

Re: Parking Charge Notice reached Court

Post up the defence here and see if it can be rescued from within the witness statement. But you didn't make the first payment.

[GiantPanda]

Re: Parking Charge Notice reached Court

Well that depends on who you ask. From my point of view i made the final payment but from their point of view i made the first payment and debt still outstanding. Defense copied and pasted below:

I was in the Philippines from 13th January 2017 until the 27th January 2017. Found the letter dated 17th January from CPM about the notice. Phoned on the 30th January 2017 because the home owner
(<his name and address>) told me he had sent a appeal letter. On the phone i was told that no appeal letter was sent and instead £60 had been paid already so i only had to pay the remaining £40. I paid the £40 and it was taken out of my account on the 1st February 2017. I have proof of this payment in my bank statement. Now from my point of view this ticket had been fully paid. So i ignored the first couple of letters as they may have just been slow at updating their system.
But after receiving weeks of letters, I complained to CPM via email on March 24 about all of the misinformation i had been given and about my missing £40 but their only reply to me was the following:
Good afternoon Sir, Unfortunately, our Parking Charge Notices are either £60.00 or £100.00 and we never accept £40.00 for the full and final settlement. We can accept another £20.00 for the matter and remain at the £149.00. Thank you.

To me this was not good enough because they have not investigated where my £40 has gone or answered any of my other questions. I also found out that i had sent an appeal rejection letter to Florey Gardens (where i do not live) giving me 21 days to go via another appeals process. So far i could not appeal to the original PCN because i was in the Philippines and did not arrive back in the country until 27th January, which was past the 21 day period. In my email complaints, not once did CPM offer me any extended appeal time due to mitigating circumstances. And my second appeal opportunity was sent to an address that i do not live at. I did not make an appeal at all. I made complaints over email. So i did not bother picking up the letter until a late date as i thought it would just be another letter telling me that i owe money. So how would i have known that this letter would be an appeal rejection to an appeal that i did not make? Side note - my trip to the Philippines was not a holiday and we went on short notice as my father in-law (who is Filipino) had a stroke and was in a coma in hospital.
I tried to complain to the BPA as their logo is on CPM's website but i found that CPM are not a member of the BPA since October 2015. That is a very long time to continue to use the BPA's logo.
Surely that is against advertising standards? But i digress. I complained to the IPC about everything that had happened, but they were not much use. Although i did finally find out that my £40 had been paid against a PCN unrelated to me, as the person on the phone must have gotten some digits mixed up. This was on July 10, a full 3 and a half months after my original complaint, and from a third party.

So in summary:
I had paid what i was told was the remaining balance of my PCN and the matter had been resolved back in January. The CPM employee's that i have spoken to over the phone and via email have been incompetent at their jobs. I did not get a chance to appeal my PCN on two occasions. First, i as in the Philippines for 3 weeks visiting a close family member in critical care.
Second, CPN sent a letter giving me a chance to appeal via a 3rd party to an address that i do not reside at, without me actually making an appeal also. Both of these are mitigating circumstances that were not avoidable from within my powers. If CPM had actually sent the letter to the correct address (which they have been sending mail to for months) then it may not have reached this stage. They still have failed to refund me the £40 that was wrongly paid onto someone else's PCN.

[GiantPanda]

Re: Parking Charge Notice reached Court

Update.

Just got a letter through saying District Judge X has considered the statements of the case and directions questionnaire filed and "IT IS ORDERED"

A date has not been set for a hearing yet, but it looks like the court has ignored the claimants request for this case to be dealt with without a hearing. They also seem to have ignored my counterclaim being struck out.