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Hello
Firstly, I have been pottering around the site to try to find answers to my questions but have come to realise that while some points are general, each case needs to be commented on on its own merits. The people who provide information on this site are absolute legends and I thank every one of you.
So, my case - I recently received a Letter of Claim from dcb legal, dated 29/06/2019, claiming I had parked against the terms and conditions set out on the signage on 27/07/2016, three years previously.
I ignored this letter and today received a County Court Claim Form from the County Court Business Centre in Northampton, dated 5th August 2019.
Aside from the Letter of Claim and the County Court Claim Form I have no other documentation regarding this matter. I don't remember receiving a windscreen ticket or a PCN through the post (I moved from my property about 5 months later) and have had no forwarded post. I have worked out through bank statements that I was in the area at the time but have no recollection of parking where they said I had.
The Particulars of Claim are:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle XX11XXX at Armouries Drive.
2. The PCN details are 27/07/2016, VCXXXXXXX.
3. The PCN was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN.
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the PCN is outstanding. The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of the PCN and damages.
2. Interest at a rate of 8% per annum pursuant to s. 69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment.
3. Costs and court fees.
(Total cost £273.68)
So, as stated, I don't know if I am liable for this fine or not, so what I would want is proof that my car was parked where they said it was and in breach of contract.
If anyone could help me with recommended next steps I would be most grateful. I know I have to send off my Acknowledgement of service but I'm not sure whether to tick the box that says
1. I intend to defend all of this claim
2. I intend to defend part of this claim
3. I intend to contest jurisdiction
Many thanks
ML
Firstly, I have been pottering around the site to try to find answers to my questions but have come to realise that while some points are general, each case needs to be commented on on its own merits. The people who provide information on this site are absolute legends and I thank every one of you.
So, my case - I recently received a Letter of Claim from dcb legal, dated 29/06/2019, claiming I had parked against the terms and conditions set out on the signage on 27/07/2016, three years previously.
I ignored this letter and today received a County Court Claim Form from the County Court Business Centre in Northampton, dated 5th August 2019.
Aside from the Letter of Claim and the County Court Claim Form I have no other documentation regarding this matter. I don't remember receiving a windscreen ticket or a PCN through the post (I moved from my property about 5 months later) and have had no forwarded post. I have worked out through bank statements that I was in the area at the time but have no recollection of parking where they said I had.
The Particulars of Claim are:
1. The Defendant (D) is indebted to the Claimant (C) for a Parking Charge issued to vehicle XX11XXX at Armouries Drive.
2. The PCN details are 27/07/2016, VCXXXXXXX.
3. The PCN was issued on private land owned or managed by C. The vehicle was parked in breach of the Terms on Cs signs (the Contract), thus incurring the PCN.
4. The driver agreed to pay within 28 days but did not. D is liable as the driver or keeper. Despite requests the PCN is outstanding. The Contract entitles C to damages.
AND THE CLAIMANT CLAIMS
1. £160 being the total of the PCN and damages.
2. Interest at a rate of 8% per annum pursuant to s. 69 of the County Courts Act 1984 from the date hereof at a daily rate of £0.04 until judgment or sooner payment.
3. Costs and court fees.
(Total cost £273.68)
So, as stated, I don't know if I am liable for this fine or not, so what I would want is proof that my car was parked where they said it was and in breach of contract.
If anyone could help me with recommended next steps I would be most grateful. I know I have to send off my Acknowledgement of service but I'm not sure whether to tick the box that says
1. I intend to defend all of this claim
2. I intend to defend part of this claim
3. I intend to contest jurisdiction
Many thanks
ML
