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

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Not yet.

M1

Mystery , thanks for you help , the post has been today , there is a letter dated 25th , ( i sent email regarding photos late on 25th so they might've already posted this letter ) from MIL , Matt Murdoch , its the DQ from the court that they have completed , they have asked for mediation , which i don't want , they say they are willing on that point , Im not interested in that , and also asked for their preferred court , Truro , as its near to their office ,they are only listing 1 witness but not saying who , and will not be using expert evidence , no sign or mention of photos , but time yet , i have also received nothing as yet from Vanquish who offered photos originally , but nothing off them either , I will wait till the post has been on Wednesday and if nothing will complete my DQ and return to Northampton , and a copy to MIL , no mediation and court near me Preston , so i let you no any up date , Murdoch also says that they believe i am unfamiliar with court process and legal system, thats one thing they have got right Thanks again

[upsadaisy]

Re: PCN received from parking cowboys advice needed

hello again Mystery , further to my last post earlier today , i have been reading the paperwork sent by MIL today, i have told you the outline of the enclosed letter from Matt Murdoch , do you think that i should sent a separate email back to him , or enclosing a letter with the copy of the N180 that i will be sending to MIL ,something along the lines
sent by the defendant
Thank you for the completed N180 DQ , the court encourages both parties to narrow their differences and engage in Mediation, which unfortunately in this case I am not prepared to do . I have requested information from you in relation to the action you have taken against me , ( the keeper) by opening court proceedings, without any action by MIL to follow CPR rules , by forwarding me the information as follows , Photos of my vehicle (in and out , with dates and times ect) and copies of the signs on site, relating to the alleged incident again with dates on the Villa Express Car park, I await your reply this matter ,then we can move on ,

Mystery , do you think this would be advisable , a waste of time or ? Thanks again

[mystery1]

Re: PCN received from parking cowboys advice needed

which unfortunately in this case I am not prepared to do .

You should do this although if they don't ask the right questions don't just offer to tell them.

Asking for info is fine as even if you don't get it you can show the court that they were unreasonable at a later date. Of course, it is always best to behave yourself if you're going to complain about the opponent

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , sorry to keep contacting you with little bits and maybe stupid questions, I have sent the email to MIL as we discussed , i have the DQ ready to go later this week , one to the court and one to MIL (copy of ) do i need to keep a copy of this for myself or ? , but the thing i need advice on is the DQ copy that MIL sent to me , at the end of the form there is a box that states , you must sign this form , whether this is a copy of theirs Im not sure , but they haven't signed this one they have just typed in MIL collections LTD reg no xxxxxxx , is this correct court procedure or what , I've signed mine THANKS

[mystery1]

Re: PCN received from parking cowboys advice needed

You should keep a copy but it's not vital. Their "signature" i nothing to get excited about.

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , still no reply to my emails and i have re sent , to vanquish ( who offered photos)and MIL , its not going to happen , so I've completed the DQ and have a copy of it to send to Northampton and MIL TRURO , will be posting tomorrow with proof of posting,can i still try to get MIL to play ball by emailing , if so should i let them no that I will be applying to the court , for my costs expenses or should i wait to see if i get a court date , maybe by keep hounding these cowboys , they might drop the case , as they want an easy ride , but i suppose they have had this all before and must be very thick skinned, I've been making a few notes about all their antics and lack of communication with me , but i bet that if i told them i wanted to pay ,they would reply then ,when the court get the DQ back what happens then , do they allocate at date for court , what happens if they tell me its in Truro , not Preston , and how do i put my defence up to court before any hearing , before any hearing do i have to give MIL a copy of my defence to include any pictures , its all new to me , i read many comments and stories on different sites , I still don't understand how they getaway with their antics and scams , its just a big con from start to finish , and they end up rich by doing it THANKS

[mystery1]

Re: PCN received from parking cowboys advice needed

do they allocate at date for court , what happens if they tell me its in Truro , not Preston

Standard procedure to allocate it to your local court.

and how do i put my defence up to court before any hearing

You submitted a defence. After the DQ you'll get a court date and instructions for submitting evidence, usually at least 14 days before the hearing. The legal arguments, you can write a skeleton argument and submit beforehand or you can just pitch up on the day and do it orally.

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , i have today sent the 2 letters (COURT & MIL) first class , proof of posting , so just waiting for any replies from both , in the mean time , is it within my interests to keep on Emailing MIL requesting the information that I have requested previous but they haven't sent , as long as I keep it civil and clean ,and behave myself , i supposed nothing lost but could be plenty gained ,I could tell them what they already no , but it will show the court that I've tried to talk to the claimant ,but they are not helping or replying to my requests , i suppose that eventually they will have to send me the photos ect ,is that correct or will I have to write to court and let them no the position ,

[mystery1]

Re: PCN received from parking cowboys advice needed

Ask yes, but don't over do it or you'll look like a mad stalker

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , still nothing from MIL ,and I've also checked on my page at Northampton , nothing to say they have received the DQ i sent , so i have emailed Money claim and asked has it arrived (before the 8th ) they have acknowledged my email but haven't replied as yet ,i keep reading stories on other sites ,and on one of them they received the NTK quite some time after the original PCN (driver) , they go on to ask if the time is in 29 days and 56 days is that ok but if more than the 56 does that invalidate the ticket if the don't no the driver , Mine arrived 118 days after , is that correct and if so what do i do ?

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , further to my earlier post today , i have been doing a bit of digging and on a post in August 2014 , Ostell answered a question regarding Keeper liability , section 8(5)POFA , notice to keeper not before 28 days before and not after 56 days , if received after 56days the keeper can not be held liable , is that correct and if so can i tell MIL what to do with their NTK , or am i jumping the gun , or what course of action should i take , if they can't apply NTK can i apply for costs or even asked MIL for my out of pocket expenses , not that they would pay THANKS

[mystery1]

Re: PCN received from parking cowboys advice needed

Did you get one on the vehicle ?

Also, i think you have told them who was driving so that wouldn't matter anyway.

What date do we need to file your defence by ?

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , the pcn thro the post , to driver , dated 24 /12/15 received 5/1/16 , notice to keeper dated 20/4 /16 , they don't no the drive and I never told them , when you say defence , do you mean the DQ that's gone back , had to be back by 8th September , Does the by 56th day apply in this case , or is that for windscreen tickets only , thanks

[mystery1]

Re: PCN received from parking cowboys advice needed

Yeah sorry i forgot we had already done the defence, too many threads

The 1st letter is the notice to keeper. A notice to driver is attached to the vehicle at the time. They can't send anything to the driver as they do not know the name and address for them.

M1

[upsadaisy]

Re: PCN received from parking cowboys advice needed

Mystery , sorry for any confusion , with not having to deal with one of these before and it going on a long time ,I've got my wires crossed , the PCN was sent to me ( as registered keeper ) dated 24/12/15 for a supposed overstay on the 22/12/15 , stating driver not known, but asking me to give name and address of the person ,or that after 28 days if unpaid ect that I would become liable for the debt , this is were it was getting mixed up , i did not tell the who was driving , then on the 20/4/16 i received a letter, Notification of KEEPER LIABILITY as i had failed to give the details they wanted ,( this is 118 days later ) They also stated in the letter that they sent me a NTK on the 19/8/14 in relation to a PCN that was issued on the 24/12/15 , that is some 15 months plus before the supposed overstay , they must be able to see whats going to happen in the future . The 1st letter stated that my vehicle was OBSERVED on the carpark , parked over the maximum allowed time , and the 2nd letter the NTK states that this was issued because the vehicle registered to me was not seen to be following the conditions of use for the premises, with the conditions clearly displayed on signage . This is correct but the only reason for this is that when the supposed incident occurred ( luckily i took photo) the signage did NOT state you had to use the facilities , but these signs were ammended , not sure exactly when , but i again took photo in May 2016 when they included, when using facilities , does this make sense and can the company still hold keeper liable with so much time between PCN and NTK , THANKS , ps DQ arrived at Northampton ,acknowledged by them , it looks like i will get my time in court , but its going to be interesting when they try to show any parking photos because they may have me in or out but not both ,