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**DISCONTINUED!!** PCN received from parking cowboys advice needed

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  • #31
    Re: PCN received from parking cowboys advice needed

    hello M1 ,just a couple of questions regarding my case , i hope i am not tempting fate , the letter sent to MIL , I've checked out delivery , and it was signed for on the 19th JULY , how long do we give them to reply or is there no time limit , an also the date on notice to driver ( who they don't no ) and the date on notice to keeper was 77 days is there a limit on this THANKS

    Comment


    • #32
      Re: PCN received from parking cowboys advice needed

      how long do we give them to reply or is there no time limit
      No time limit although if it gets ridiculous you could phone and make a polite enquiry. Only if you get further letters or a court claim is there anything to get excited about though.

      also the date on notice to driver ( who they don't no ) and the date on notice to keeper was 77 days is there a limit on this
      Yes.

      http://www.legislation.gov.uk/ukpga/...dule/4/enacted


      (4)The notice must be given by—


      (a)handing it to the keeper, or leaving it at a current address for service for the keeper, within the relevant period; or


      (b)sending it by post to a current address for service for the keeper so that it is delivered to that address within the relevant period.


      (5)The relevant period for the purposes of sub-paragraph (4) is the period of 28 days following the period of 28 days beginning with the day after that on which the notice to driver was given.

      77 days from notice to driver to notice to keeper is too many to comply with keeper liability requirements set out in law. So if the driver was not the registered keeper or they do not know if the registered keeper is the driver, they are stuffed.

      M1

      Comment


      • #33
        Re: PCN received from parking cowboys advice needed

        Thanks for that M1 , I've just checked the dates again , PCN dated 24/12/15 and NTK 20/4/16 , does this mean that they will not be able to do court as they haven't followed correct procedure, or is it just a technicality that they will be able to get round if they need to THANKS

        Comment


        • #34
          Re: PCN received from parking cowboys advice needed

          They CAN do court. If i knew your address i could take you to court for anything although i'd be very unlikely to win !!! They shouldn't be able to win either.

          Getting around statutory requirements would be a neat trick.

          M1

          Comment


          • #35
            Re: PCN received from parking cowboys advice needed

            hello M1 , the post man has delivered me a letter today , its a claim form , with the county court stamped crown on it ,which has a name at the bottom ALAN DAVIS ,managing director (MIL) , whats the next step as they have not replied to the letter i sent ,which i have a signature for , asking for photos ect , do i fill the form in , which is dated 4th aug 16 , do i wait a few days to see if the respond with what i have asked for or do i ring MIL and ask them to reply or why they havnt they replied to my letter , also do they expect me to travel down south, as i am up north , to any court hearing , the letter has county court business centre, katherine house NN1 2LH i think i have 28 days is that correct thanks

            Comment


            • #36
              Re: PCN received from parking cowboys advice needed

              First thing to do is to acknowledge the claim, online using the password that is on the form but do not fill in any defence statement. This gives you 28 days from the date of service to get your defence to the court, a total of 33 days from the date printed on the form. You dispute the whole of the claim, you agree with the jurisdiction.

              Later in the process you will be asking for the hearing to take place in a court local to you.

              Comment


              • #37
                Re: PCN received from parking cowboys advice needed

                M1, thanks for quick reply , i will go online and acknowledge , do i need to ring MIL on Monday asking about my letter or is that not advisable , THANKS

                Comment


                • #38
                  Re: PCN received from parking cowboys advice needed

                  Hello again M1, i have acknowledged ect , whats the next step regarding the letter i sent to MIL ,when you said about local court ,there was nothing on the acknowledge pages asking about local court , does that come into play when i get more correspondence from court , I've checked I'm 170 plus miles from Northampton THANKS

                  Comment


                  • #39
                    Re: PCN received from parking cowboys advice needed

                    The local court bit comes later in the court process. Northampton is the central processing point. When they determine the claim is progressing along both you and MIL will get a Directions Questionnaire. This is when you tell the court, and MIL, which local court you want to use and then the local court takes over the processing.

                    The non response to your letter asking for details of why they were claiming from you will be brought to the attention of the court and there unreasonableness may be used to increase the amount you can claim from them in costs.

                    P.S. I'm not M1 !

                    Comment


                    • #40
                      Re: PCN received from parking cowboys advice needed

                      Do as [MENTION=39331]ostell[/MENTION] says regarding acknowledgement of service.

                      Also sanitise and post up the claim form.

                      M1

                      Comment


                      • #41
                        Re: PCN received from parking cowboys advice needed

                        I've sent it to Kati not sure how to get it to you , is it readable

                        Comment


                        • #42
                          Re: PCN received from parking cowboys advice needed

                          Originally posted by upsadaisy View Post
                          I've sent it to Kati not sure how to get it to you , is it readable
                          hello again M1 , sorry to be such a pain , i went online to do acknowledgement ,using all info it asked but i later got a email telling me that the process had failed and to re submit , which i have tried to do , but it keeps coming up with wrong claim number and password , checked and all correct so not sure if the got my acknowledgement or not , so will it be ok in this instance to post the form , 1st class with proof of posting as i want to make sure that all is done correctly THANKS

                          Comment


                          • #43
                            Re: PCN received from parking cowboys advice needed

                            You have 14 days to acknowledge so phone the court on Monday and ask why you cannot log in. Could be the usual mcol temporary cockup. A letter would be fine after that.

                            Comment


                            • #44
                              Re: PCN received from parking cowboys advice needed

                              Ok ostell will ring Monday , will have another go first tomorrow , thanks for all your efforts , must be hard when dealing with numptys like me ,

                              Comment


                              • #45
                                Re: PCN received from parking cowboys advice needed

                                Ask for an email address if it's possible.

                                M1

                                Comment

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