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Court papers received for an Unpaid PCN

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  • Court papers received for an Unpaid PCN

    Hi Gurus,

    I need some advice. I have a county court claim for an unpaid PCN issued June 2018
    The particulars of the claim are:

    "The Driver of the vehicle with registration ****** parked in breach of the terms of parking stipulated on the signage (the contract) at WELLINGTON PLACE - WELLINGTON PLACE WELLINGTON WAY LONDON E3 4XL ........on 16/06/2018 thus incurring the parking charge (PCN). The driver of the vehicle agreed to pay the PCN within 28 days of issue yet failed to do so. The claimant claims the unpaid PCN from the defendant as the driver/keeper of the vehicle. Despite the demands being made, the defendant has failed to settle their outstanding liability. The claimant claims £100 for the PCN, £60 contractual costs pursuant to the contract and the PCN terms and conditions, together with the statutory interest of £16.92 pursuant to the s69 of the county courts act 1984 at 8.00% per annum, continuing at £0.04 per day."

    The letter says at the back "IF YOU DISAGREE WITH THE CLAIM OR IF YOU WANT MAKE A CLAIM AGAINST THE CLAIMANT(COUNTER CLAIM) : You must send either the completed acknowledgement of service form or defence form to the court 14 days of the date of service. If you send the acknowledgement of service you must send a defence to court to arrive no later than 28 days from the date of service." (Court Letter issue date: 11 Nov 2019)

    Claimant is UK CAR MANAGEMENT LTD (CPM) address and sending documents and payment : Gladstones Solicitors LTD, Warrinton Road, WA16 6AA.

    Some details of that parking by me: I parked on Wellington Way on a single yellow line at 21:14 which controlled by tower hamlet council. Off Wellington way there are some flats with some parking bays which managed by CPM. I never parked on those bays. On pictures it clearly shows I parked on single yellow line on the road. I have explained this on my appeal but they refused my appeal on 21 August 2018 and demanded £100 as they said I didn't appeal within 14 days which was not correct. I appealed on 19/06/18 (have post office receipt with their postcode). CPM didn't respond my appeal and sent me a formal demand letter then I called them and asked them why didn't respond to my appeal, they said they didn't receive my appeal.However I appealed again on 24/07/2018 (have post office receipt with their postcode) and got response on 21 August 2018 which I mentioned earlier. I then got quiet and I dont know if they have sent any letters to me.

    I really want some step by step guidance on this court matter, I am already shaking when I saw this letter. Never been in this situation. I cant pay this £251, will the police will come and take me away? Can't sleep tonite, one of my friend told me about you guys. any help will be much appreciated. If you need any other info please let me know.

    best regards
    Riju
    Tags: None

  • #2
    This is nothing to do with the police, they won't turn up on your doorstep.

    First of all acknowledge the claim using the details and password on the form. Nothing in the defence, nothing. This gives you 33 days from date of issue to get your defence to the court.

    Have you contacted your local council to find out the state of the road, ie is it adopted? The info is often on a council web page.

    Are there any signs around that state the duration of the single line prohibition?

    What breach of their conditions are they claiming?

    Comment


    • #3
      Originally posted by ostell View Post
      This is nothing to do with the police, they won't turn up on your doorstep.

      First of all acknowledge the claim using the details and password on the form. Nothing in the defence, nothing. This gives you 33 days from date of issue to get your defence to the court.

      Have you contacted your local council to find out the state of the road, ie is it adopted? The info is often on a council web page.

      Are there any signs around that state the duration of the single line prohibition?

      What breach of their conditions are they claiming?

      Thanks Ostell for your response.

      Ok so I just acknowledge using the moneyclaim.gov.uk website with the password given on the first page. right?

      I didn't contact the council but you can park after 8pm at any single yellow line around London. I parked around 9pm.
      There is no sign for yellow lines but there was sign for parking bays by CPM. But I didn't park on any bay.
      Hope the letter will help.

      thanks and awaiting instructions.

      Comment


      • #4
        Yes get that ack in straight away.

        If it's private land then they can (almost) do anything they like, that's why it's important to check for adoption.

        Comment


        • #5
          My friend lives off that road and yesterday one of his neighbors friend got a PCN by tower hamlets for parking on that same road. Luckily he send me a copy of that PCN. So how come there is two different body gives PCN?

          Do you think its worth fighting for? I don't want be in red on my credit report. Please advice. Thanks.

          Comment


          • #6
            So it looks like CPM are trying it on and ticketing on a public highway. You MUST get that info about the status of the road. Or the Civil Enfordement Officer got it wrong and your friend is off the hook!

            You will not get a mark on your credit report unless you lose in court and you do not pay within a month

            Comment


            • #7
              Hi Ostell. I just acknowledged. Thanks again.
              However this road is under tower hamlets jurisdiction and their are private flats and parking spaces which manged by the private parking companies.

              Comment


              • #8
                The parking places seem to be under control of the parking company but not the road. Would be nice to see the signs.

                If Tower Hamkets have the roads then CPM should not be operating on the road, only the parking spaces. A new operative that didn't listen to the training.

                In that portion of map you uploaded what does the yellow lines around the roads mean?

                Do we have a counter claim here for breach of GDPR by requesting your details without valid reason?

                Comment


                • #9
                  Thanks again. As long as this claim goes off my shoulder I am happy, after that I might ask you for the guide of GDPR claim. I will go there this weekend to get some picture for you for the signage.

                  Comment


                  • #10
                    Hi There..taken some pictures of that location where I got that ticket if this helps. Awaiting next step please.

                    Comment


                    • #11
                      Any advice on next step please......

                      Comment


                      • #12
                        The signs say nothing about yellow lines so you are going by the normal meaning of a single yellow line.

                        Have you contacted the council yet, even the local councillor?

                        Comment


                        • #13
                          I am trying to speak to the council parking department but being hold and automated messages. Will try again today. So I will send the defence on 13 dec on the MCOL website?

                          Comment


                          • #14
                            how did you go out with the above ? did you get any help? i have a similar issue . please help

                            Comment

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